NZ Metro TC 17 June 2016 – R 1 – Chair, Mr R McKenzie
ID: JCA16693
Meet Title:
NZ Metro TC - 17 June 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/06/17
Race Number:
R1
Decision:
Mr Wilmott having admitted the breach, the charge was found proved.
Penalty:
Mr Wilmott’s Advanced Amateur Horseman’s licence is suspended for a period of 2 months from after the close of racing at this meeting up to and including 17th August 2016. In addition, Mr Wilmott is fined the sum of $300.00.
Facts:
Following the running of Race 1, Bishopdale/Bush Inn TAB’s Tavern Harewood Amateur Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Horseman, Mr B J Wilmott, alleging that Mr Wilmott, as the driver of AS KIWI AS in the race, “failed to take all reasonable and permissible measures near the 550 metres”.
Mr Wilmott was present at the hearing of the information and he indicated that he admitted the breach.
Rule 868 provides: -
(2) Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.
Mr Ydgren said that Stewards were alleging that Mr Wilmott, driving the second favourite in the race, AS KIWI AS, had received a good run in the one-one all the way, following RED RIVER LOCHEE (J B McDermott) which had raced in the parked position from just after the start of the mobile 1950 metres race. Mr Ydgren alleged that there had been an opportunity for Mr Wilmott, passing the 550 metres, to improve outwards past RED RIVER LOCHEE and obtain a “clear and unimpeded run” to the finishing line. Immediately after that opportunity had passed, RED RIVER LOCHEE, which had been tried with the whip, had weakened quickly and AS KIWI AS had been taken back through the field by that tiring runner. In the final straight, AS KIWI AS had finished well down the outside of the track to finish in 5th placing, approximately 2½ lengths from the winner. Mr Ydgren said that Stewards were alleging that Mr Wilmott, after receiving the good run, should have improved his position outwards near the 550 metres when it was both reasonable and permissible for him to do so. There was no apparent excuse for Mr Wilmott not doing so, he alleged.
Mr Ydgren then showed a video replay of the race and pointed out the relevant runners. RED RIVER LOCHEE was racing in the parked position outside the leader and AS KIWI AS was on its back. He pointed out that, passing the 800 metres, several runners began to improve round the field. He submitted that Mr Wilmott should have improved outwards at that stage, taking the improving runners to a wider position while he had an advantage and the opportunity to do so. Instead, he elected to remain in his position behind RED RIVER LOCHEE which was under considerable pressure and being tried, unsuccessfully, with the whip. Mr Wilmott was successful in getting off the back of RED RIVER LOCHEE at about the 300 metres and, from that point, improved down the outside and finished off the race very well. Mr Wilmott did not give his horse every opportunity to finish in the highest possible placing, Mr Ydgren submitted.
Mr Ydgren submitted that RED RIVER LOCHEE is a horse of limited ability and it should have been apparent to Mr Wilmott that that horse was likely to weaken at any time after passing the 800 metres, given the run that it had received. Mr McDermott, on RED RIVER LOCHEE, could be seen to turn his whip around just prior to the other runners improving which should have been a clear indication to Mr Wilmott that RED RIVER LOCHEE was under pressure at that stage.
Mr Wilmott accepted that he had made an error through lack of experience and would learn from it. He had been instructed by the horse’s trainer to hold it up for a run for as long as possible. However, he was on the second favourite and should have “just gone”, he said.
Submissions for Penalty:
Mr Ydgren referred the Committee to the Penalty Guide which provides a starting point for penalty for a breach of the Rule of a 15-drives’ suspension or a fine of $750. He said that Mr Wilmott should be given credit for his frank admission of the breach and his clear record.
Mr Wilmott, when asked by the Committee, said that this drive was his 17th in this, his first season as an Advanced Amateur. He drives in most of the races for Amateur Drivers in the South Island, he said.
Mr Ydgren referred to the penalties handed down recently to two other amateur drivers for breaches of the same Rule and submitted that the penalty, in this case, should be consistent with those penalties. Mr Wilmott was asked by the Committee if he was in a position to pay a fine if the Committee were to consider a combined penalty of a suspension and a fine. He confirmed that he was and said that he would like the Committee to consider a combined penalty.
Reasons for Penalty:
In deciding penalty, the Committee found the Penalty Guide not particularly helpful, given the obvious difficulties for Judicial Committees in calculating suspension penalties for amateur drivers. The Committee found the penalties in the two previous cases involving breaches of the Rule by amateur drivers, referred to by Mr Ydgren, to be of more assistance (2 months and $400 and 2 months and $300). We agreed that there was a need for consistency and that the starting point was a period of suspension.
We accepted that a 2 months’ suspension was again appropriate in this case with the addition of a fine to shorten the term of suspension which would, otherwise, be up to 6 months. We noted Mr Wilmott’s preference in this regard.
In determining the appropriate monetary penalty, the Committee accepted that Mr Wilmott had simply erred in not easing out from behind the tiring runner while the opportunity was available to him. It was a costly error of judgement on his part, but his inexperience needs to be taken into account. We also took into account Mr Wilmott’s admission of the breach and his previous good record. On that basis, we have decided that the appropriate fine to accompany the term of suspension is $300.
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: d53323358acb3922e1dc3f9e3dfbf759
informantnumber: A8033
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to Take Reasonable and Permissible Measures
plea: admitted
penaltyrequired: 1
decisiondate: 21/06/2016
hearing_title: NZ Metro TC 17 June 2016 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Bishopdale/Bush Inn TAB’s Tavern Harewood Amateur Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Advanced Amateur Horseman, Mr B J Wilmott, alleging that Mr Wilmott, as the driver of AS KIWI AS in the race, “failed to take all reasonable and permissible measures near the 550 metres”.
Mr Wilmott was present at the hearing of the information and he indicated that he admitted the breach.
Rule 868 provides: -
(2) Every horseman shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.
Mr Ydgren said that Stewards were alleging that Mr Wilmott, driving the second favourite in the race, AS KIWI AS, had received a good run in the one-one all the way, following RED RIVER LOCHEE (J B McDermott) which had raced in the parked position from just after the start of the mobile 1950 metres race. Mr Ydgren alleged that there had been an opportunity for Mr Wilmott, passing the 550 metres, to improve outwards past RED RIVER LOCHEE and obtain a “clear and unimpeded run” to the finishing line. Immediately after that opportunity had passed, RED RIVER LOCHEE, which had been tried with the whip, had weakened quickly and AS KIWI AS had been taken back through the field by that tiring runner. In the final straight, AS KIWI AS had finished well down the outside of the track to finish in 5th placing, approximately 2½ lengths from the winner. Mr Ydgren said that Stewards were alleging that Mr Wilmott, after receiving the good run, should have improved his position outwards near the 550 metres when it was both reasonable and permissible for him to do so. There was no apparent excuse for Mr Wilmott not doing so, he alleged.
Mr Ydgren then showed a video replay of the race and pointed out the relevant runners. RED RIVER LOCHEE was racing in the parked position outside the leader and AS KIWI AS was on its back. He pointed out that, passing the 800 metres, several runners began to improve round the field. He submitted that Mr Wilmott should have improved outwards at that stage, taking the improving runners to a wider position while he had an advantage and the opportunity to do so. Instead, he elected to remain in his position behind RED RIVER LOCHEE which was under considerable pressure and being tried, unsuccessfully, with the whip. Mr Wilmott was successful in getting off the back of RED RIVER LOCHEE at about the 300 metres and, from that point, improved down the outside and finished off the race very well. Mr Wilmott did not give his horse every opportunity to finish in the highest possible placing, Mr Ydgren submitted.
Mr Ydgren submitted that RED RIVER LOCHEE is a horse of limited ability and it should have been apparent to Mr Wilmott that that horse was likely to weaken at any time after passing the 800 metres, given the run that it had received. Mr McDermott, on RED RIVER LOCHEE, could be seen to turn his whip around just prior to the other runners improving which should have been a clear indication to Mr Wilmott that RED RIVER LOCHEE was under pressure at that stage.
Mr Wilmott accepted that he had made an error through lack of experience and would learn from it. He had been instructed by the horse’s trainer to hold it up for a run for as long as possible. However, he was on the second favourite and should have “just gone”, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Wilmott having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred the Committee to the Penalty Guide which provides a starting point for penalty for a breach of the Rule of a 15-drives’ suspension or a fine of $750. He said that Mr Wilmott should be given credit for his frank admission of the breach and his clear record.
Mr Wilmott, when asked by the Committee, said that this drive was his 17th in this, his first season as an Advanced Amateur. He drives in most of the races for Amateur Drivers in the South Island, he said.
Mr Ydgren referred to the penalties handed down recently to two other amateur drivers for breaches of the same Rule and submitted that the penalty, in this case, should be consistent with those penalties. Mr Wilmott was asked by the Committee if he was in a position to pay a fine if the Committee were to consider a combined penalty of a suspension and a fine. He confirmed that he was and said that he would like the Committee to consider a combined penalty.
reasonsforpenalty:
In deciding penalty, the Committee found the Penalty Guide not particularly helpful, given the obvious difficulties for Judicial Committees in calculating suspension penalties for amateur drivers. The Committee found the penalties in the two previous cases involving breaches of the Rule by amateur drivers, referred to by Mr Ydgren, to be of more assistance (2 months and $400 and 2 months and $300). We agreed that there was a need for consistency and that the starting point was a period of suspension.
We accepted that a 2 months’ suspension was again appropriate in this case with the addition of a fine to shorten the term of suspension which would, otherwise, be up to 6 months. We noted Mr Wilmott’s preference in this regard.
In determining the appropriate monetary penalty, the Committee accepted that Mr Wilmott had simply erred in not easing out from behind the tiring runner while the opportunity was available to him. It was a costly error of judgement on his part, but his inexperience needs to be taken into account. We also took into account Mr Wilmott’s admission of the breach and his previous good record. On that basis, we have decided that the appropriate fine to accompany the term of suspension is $300.
penalty:
Mr Wilmott’s Advanced Amateur Horseman’s licence is suspended for a period of 2 months from after the close of racing at this meeting up to and including 17th August 2016. In addition, Mr Wilmott is fined the sum of $300.00.
hearing_type: Hearing
Rules: 868(2)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: B J Wilmott, Licensed Advance Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e79be991a031ff45eeb6e91fde8610c9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d890e294e3620e6c7c09578c8ebff382
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/06/2016
meet_title: NZ Metro TC - 17 June 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: NZ Metro TC