Archive Decision

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Invercargill HRC 1 March 2020 – R 3 – Chair, Prof G Hall

ID: JCA11329

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr R McIlwrick - Open Horseman

Other Person:
Miss R Haley - Stipendiary Steward

Information Number:
A12719

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Invercargill HRC - 1 March 2020

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2020/03/01

Race Number:
R 3

Decision:

As Mr McIlwrick has admitted the breach, it is found to be proved.

Penalty:

Mr McIlwrick is suspended from the end of racing on 8 March up to and including 15 March 2020. This is 3 South Island meetings.

Facts:

Mr Munro alleged that Mr McIlwrick permitted his drive to shift inwards near the 300 metres in race 3 when not clear of JIMMY CARTER (K Tomlinson), which broke.

Miss Haley demonstrated on the films that PICKETTS RIDGE (Mr McIlwrick) was improving 3 wide and, when crossing JIMMY CARTER, which was racing outside the leader’s wheel, to go to a 2-wide position, his inside sulky wheel came into contact with a leg of that horse. JIMMY CARTER broke and then galloped out of the race.

Mr McIlwrick said it was clear from the video that there was contact with JIMMY CARTER. He explained that PICKETTS RIDGE went rough on the bends and, as he crossed, the horse had not fully stretched out. It was an error on his part. He had not judged it right, but he also commented that Ms Tomlinson was urging her horse forward at the time. He agreed his obligation was to keep clear of the horse he was crossing.

Submissions for Penalty:

Mr Munro produced the respondent’s record. He described Mr McIlwrick as a busy South Island driver. He has had 1861 lifetime drives, 204 this season and 90 last season. His record has been clear under this rule since September 2019.

Mr Munro identified the starting point in the JCA Penalty Guide as being a 10 drive suspension or a $500 fine for a first offence. He submitted a 3-day suspension was appropriate.

Mr McIlwrick emphasised that PICKETTS RIDGE was not an easy horse to drive and his record under this rule was good. He sought deferral of any suspension until after 8 March.

Reasons for Penalty:

The breach is mid-range; JIMMY CARTER lost all chance in the race. Mr McIlwrick should have been cautious when shifting ground when he was aware PICKETTS RIDGE was hanging and trotting roughly on the bends.

After considering the gravity of the breach, the respondent’s admission and his record, we believe a suspension of 3 days is appropriate.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 19557604406c44d8209c147f810ff554


informantnumber: A12719


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 02/03/2020


hearing_title: Invercargill HRC 1 March 2020 - R 3 - Chair, Prof G Hall


charge:


facts:

Mr Munro alleged that Mr McIlwrick permitted his drive to shift inwards near the 300 metres in race 3 when not clear of JIMMY CARTER (K Tomlinson), which broke.

Miss Haley demonstrated on the films that PICKETTS RIDGE (Mr McIlwrick) was improving 3 wide and, when crossing JIMMY CARTER, which was racing outside the leader’s wheel, to go to a 2-wide position, his inside sulky wheel came into contact with a leg of that horse. JIMMY CARTER broke and then galloped out of the race.

Mr McIlwrick said it was clear from the video that there was contact with JIMMY CARTER. He explained that PICKETTS RIDGE went rough on the bends and, as he crossed, the horse had not fully stretched out. It was an error on his part. He had not judged it right, but he also commented that Ms Tomlinson was urging her horse forward at the time. He agreed his obligation was to keep clear of the horse he was crossing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McIlwrick has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Munro produced the respondent’s record. He described Mr McIlwrick as a busy South Island driver. He has had 1861 lifetime drives, 204 this season and 90 last season. His record has been clear under this rule since September 2019.

Mr Munro identified the starting point in the JCA Penalty Guide as being a 10 drive suspension or a $500 fine for a first offence. He submitted a 3-day suspension was appropriate.

Mr McIlwrick emphasised that PICKETTS RIDGE was not an easy horse to drive and his record under this rule was good. He sought deferral of any suspension until after 8 March.


reasonsforpenalty:

The breach is mid-range; JIMMY CARTER lost all chance in the race. Mr McIlwrick should have been cautious when shifting ground when he was aware PICKETTS RIDGE was hanging and trotting roughly on the bends.

After considering the gravity of the breach, the respondent’s admission and his record, we believe a suspension of 3 days is appropriate.


penalty:

Mr McIlwrick is suspended from the end of racing on 8 March up to and including 15 March 2020. This is 3 South Island meetings.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr R McIlwrick - Open Horseman


Otherperson: Miss R Haley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: fc336ca74871993bccc9868e961e82d4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: df399e23a7bee1a4b2986702ce7295e3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/03/2020


meet_title: Invercargill HRC - 1 March 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Invercargill HRC