HR Waikato 24 January 2016 – R 3 (heard at Cambridge on 28 January 2016) – Chair, Mr B Scott

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decisiondate: 02/02/2016

hearing_title: HR Waikato 24 January 2016 - R 3 (heard at Cambridge on 28 January 2016) - Chair, Mr B Scott

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Decision:

HARNESS RACING WAIKATO – 24TH JANUARY 2016 – RACE 3

Heard at Cambridge on 28 January 2016

Rules: 869(3)(b)

Name: Ms NA Chilcott – Licensed Open Horsewoman

Informant: Mr S Mulcay - Stipendiary Steward

Information Number: A6516

Judicial Committee: Mr B Scott, Chair – Mr A Dooley, Committee Member

Charge: Careless Driving

Breach: Admitted

Also present: Mr JM Muirhead, Stipendiary Steward

Evidence:

Following the running of the ROTORUA DAILY POST MOBILE PACE an Information was lodged by Stipendiary Steward, Mr S Mulcay against Licensed Open Horsewoman, Ms NA Chilcott alleging that Ms Chilcott was in breach of Rule 896(3)(b) in that she drove carelessly approaching the Winning Post the first time by allowing her horse CALLED TO SERVE to contact the sulky wheel of ELLE CLASSIQUE with CALLED TO SERVE shifting inwards forcing SLEEPING BEAUTY down onto HEZABLUECHIPBOY with the last two runners locking wheels.

The Information was lodged at the Harness Racing Waikato Meeting at Rotorua Racecourse on the 24th of January 2016 but Ms Chilcott had been taken to hospital following an injury during the day and the matter was then adjourned.

The Information was subsequently served on Ms Chilcott and this matter was then set for a Hearing at the Harness Racing Waikato Meeting at Cambridge on the 28th of January 2016.

Ms Chilcott was present at the Hearing and she acknowledged to the Committee that she understood the Rule and that she admitted the breach.

Stipendiary Steward, Mr JM Muirhead demonstrated the incident by use of the race films. He showed where CALLED TO SERVE had drawn 4 behind the mobile barrier and following the start Ms Chilcott was racing on the outside of ELLE CLASSIQUE and Ms Chilcott was intending to get the one out position. He showed where passing the Winning Post for the first time Ms Chilcott eased to take a trail behind Mr Abernethy but at the same time he also eased to take a trail as he was entitled to do. This meant that Ms Chilcott moved in abruptly and she caused SLEEPING BEAUTY to move down onto HEZABLUECHIPBOY with both those runners locking wheels.

Ms Chilcott said that she looked across and there was plenty of room for her to move down to take a trail but that when she moved Mr Abernethy took hold of his horse and she acknowledged that she hit the sulky wheel of his horse and this resulted in her horse moving in sharply.

Submissions for Penalty:

Mr Mulcay said that Ms Chilcott had a clear record over the last 12 months and she is a busy Driver so it is a very good record. He also said that the breach was in the low range and that the consequences were minimal because although two horses locked wheels, they quickly regained their positions.

Mr Mulcay referred to the JCA Penalty Guidelines which give a starting point penalty of suspension of license for 10 Drives or a $500.00 fine. He said that in view of the above mitigating matters that the Stewards would be seeking considerably less than that.

Mr Mulcay also said that Ms Chilcott reported to the Stewards after her race but because they were busy at the time any investigation could not commence until later.

Ms Chilcott sustained her injury in Race 5 and was taking to hospital thereafter. Mr Mulcay pointed this out to the Committee to show that Ms Chilcott had cooperated on the day.

Ms Chilcott said that for her part she will be unable to drive for some time. She told the Committee that she had damaged the bicep in her right arm and her arm was now in a sling and she had to go back to the Surgeon in two weeks’ time. She could not drive in the meantime and she said that she needs to get back driving as soon as she can because that was her main source of income but she might not be driving for some time. She said that she would prefer a suspension because any fine would impact upon her at the present time.

The Committee pointed out that any suspension during the period that she was unable to drive would not be a meaningful penalty and Ms Chilcott said that in that event she would accept the fine. She also pointed to the considerable mitigating factors as raised by Mr Mulcay.

Reasons for Penalty:

The Committee viewed the race films several times and noted that as Ms Chilcott endeavored to drop in behind Mr Abernethy’s horse he eased his horse to get a trail as he is entitled to do. This was something of a contributing factor.

The Committee notes and agrees with the mitigating factors raised by Mr Mulcay and also notes that at the present time any financial penalty will have an impact on Ms Chilcott. The Committee is not prepared to impose a suspension of her license during a period when she could not drive and a financial penalty will be a more meaningful penalty than that.

The Committee has taken into account the starting point penalties in the JCA Guidelines and has given Ms Chilcott credit for her excellent record, her admission of the breach, the contributing factors and the fact that this incident was at the very low end of the scale.

Taking all matters into account the Committee believes that a fine of $200.00 is appropriate.

Penalty:

The Committee imposes a fine of $200.00 on Ms Chilcott.

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