Methven TC 4 December 2016 – R 5 – Chair, Mr R McKenzie
ID: JCA17484
Meet Title:
Methven TC - 4 December 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2016/12/04
Race Number:
R5
Decision:
Mr McIlwrick having admitted the breach, the charge was found proved.
Penalty:
Mr McIlwrick was fined the sum of $250.00.
Facts:
Following the running of Race 5, Carrfields Grain & Seed Mobile Pace, a race for Junior Drivers, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Junior Driver, Mr RT McIlwrick, alleging a breach of Rule 869 (4) and Passing Lanes, False Rails and Home Straight Regulations in that Mr McIlwrick, as the driver of EMILY BLUNT in the race, “failed to keep a straight course in the home straight with DISTINCTIVE DEL (J C Morrison) being denied a clear run in consequence”.
Mr McIlwrick was present at the hearing of the Information and he indicated that he admitted the breach. He said that he did not require to be assisted at the hearing but told the Committee that he had received advice, prior to entering his plea to the charge, from Licensed Open Horseman, Mr G D Smith.
Rule 869 provides as follows:
(3) No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
The Passing Lanes, False Rails and Home Straight Regulations provide as follows:
4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
Mr Wallis showed head-on and side-on video replays of the race as the field entered the home straight, with approximately 300 metres to run. At that point, in the lead was EMILY BLUNT, driven by Mr McIlwrick. Mr McIlwrick was required to maintain as straight a course as possible in the run home, Mr Wallis said. However, the horse eased down into the passing lane and continued to do so and, as a result, denied DISTINCTIVE DEL, driven by Mr Morrison, a clear run. Although his horse was clearly tiring, Mr McIlwrick made no attempt to maintain a straight course, Mr Wallis submitted.
Mr McIlwrick admitted that he had moved down into the passing lane. However, he explained, he had tried to move back out to give Mr Morrison a run, but runners outside him prevented him from doing so.
Submissions for Penalty:
Mr Wallis told the Committee that Mr McIlwrick is a very busy driver. Last season he drove in 253 races and, in the current season to date, has had 108 drives. His record under the Rule is clear.
Mr Wallis referred to the Penalty Guide starting point of a $400 fine or an 8 drives’ suspension. Having regard to Mr McIlwrick’s admission of the breach and that good record, he submitted that a fine of $300 was appropriate.
Mr McIlwrick said that he was in a position to pay a fine and preferred a fine to a suspension. He reminded the Committee that he was a Junior Horseman and harness racing was his sole source of income. He also referred to his good record and asked the Committee to take that into account.
Reasons for Penalty:
In deciding penalty, the Committee took, as a starting point, the $400 fine as suggested in the Penalty Guide. From that starting point, Mr McIlwrick was entitled to a discount for three cogent mitigating factors – that is to say, his frank admission of the breach, his very good record and, finally, his junior horseman status. The Committee was of the view that an appropriate discount for the totality of those factors was, in this case, $150.
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: e96af57e3de418d0bdf621de7d361671
informantnumber: A8423
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Causing interference
plea: admitted
penaltyrequired: 1
decisiondate: 06/12/2016
hearing_title: Methven TC 4 December 2016 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Carrfields Grain & Seed Mobile Pace, a race for Junior Drivers, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Junior Driver, Mr RT McIlwrick, alleging a breach of Rule 869 (4) and Passing Lanes, False Rails and Home Straight Regulations in that Mr McIlwrick, as the driver of EMILY BLUNT in the race, “failed to keep a straight course in the home straight with DISTINCTIVE DEL (J C Morrison) being denied a clear run in consequence”.
Mr McIlwrick was present at the hearing of the Information and he indicated that he admitted the breach. He said that he did not require to be assisted at the hearing but told the Committee that he had received advice, prior to entering his plea to the charge, from Licensed Open Horseman, Mr G D Smith.
Rule 869 provides as follows:
(3) No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
The Passing Lanes, False Rails and Home Straight Regulations provide as follows:
4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
Mr Wallis showed head-on and side-on video replays of the race as the field entered the home straight, with approximately 300 metres to run. At that point, in the lead was EMILY BLUNT, driven by Mr McIlwrick. Mr McIlwrick was required to maintain as straight a course as possible in the run home, Mr Wallis said. However, the horse eased down into the passing lane and continued to do so and, as a result, denied DISTINCTIVE DEL, driven by Mr Morrison, a clear run. Although his horse was clearly tiring, Mr McIlwrick made no attempt to maintain a straight course, Mr Wallis submitted.
Mr McIlwrick admitted that he had moved down into the passing lane. However, he explained, he had tried to move back out to give Mr Morrison a run, but runners outside him prevented him from doing so.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McIlwrick having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Wallis told the Committee that Mr McIlwrick is a very busy driver. Last season he drove in 253 races and, in the current season to date, has had 108 drives. His record under the Rule is clear.
Mr Wallis referred to the Penalty Guide starting point of a $400 fine or an 8 drives’ suspension. Having regard to Mr McIlwrick’s admission of the breach and that good record, he submitted that a fine of $300 was appropriate.
Mr McIlwrick said that he was in a position to pay a fine and preferred a fine to a suspension. He reminded the Committee that he was a Junior Horseman and harness racing was his sole source of income. He also referred to his good record and asked the Committee to take that into account.
reasonsforpenalty:
In deciding penalty, the Committee took, as a starting point, the $400 fine as suggested in the Penalty Guide. From that starting point, Mr McIlwrick was entitled to a discount for three cogent mitigating factors – that is to say, his frank admission of the breach, his very good record and, finally, his junior horseman status. The Committee was of the view that an appropriate discount for the totality of those factors was, in this case, $150.
penalty:
Mr McIlwrick was fined the sum of $250.00.
hearing_type: Hearing
Rules: 869(4) & Passing Lanes, False Rails & Home Straight Regulations
Informant: Mr SW Wallis - Stipendiary Steward
JockeysandTrainer: Mr RT McIlwrick - Licensed Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b0973d783617ead6729d02ffdf2957c9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 041337855baaebeb3eda9fc966822c55
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/12/2016
meet_title: Methven TC - 4 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Methven TC