Oamaru HRC 18 June 2017 – R 4 – Chair, Prof G Hall
ID: JCA14335
Meet Title:
Oamaru HRC - 18 June 2017
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2017/06/18
Race Number:
R 4
Decision:
We are thus not satisfied that Mr McIlwrick is in breach of r 868(2) in that he failed to take all reasonable and permissible measures to ensure OCH AYE THE NOO was given full opportunity to win the race or finish in the best possible position.
When delivering our decision and dismissing the charge, we emphasised to Mr McIlwrick that he had an obligation in a race not merely to follow his driving instructions but also to adapt these to the circumstances of the race, as the race unfolds. The respondent indicated that he understood and accepted this.
Facts:
Mr Renault alleged that Mr McIlwrick the driver of OCH AYE THE NOO in race 4, the Morrison’s Saddlery & Feed Trot, failed to take all reasonable and permissible measures to ensure OCH AYE THE NOO was given full opportunity to win the race or to obtain the best possible position and/or finishing place.
Rule 868(2) provides: “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.”
Submissions for Decision:
Mr Quirk, Stipendiary Steward, demonstrated on the video the position of OCH AYE THE NOO as the field passed the 450 metres. This was 4 back on the pylons following Mr Cameron. He pointed out that JEAN SEBASTIEN driven by Mr Markham had broken from its gait and moved wider on the track. The respondent was racing on the inside of Mr Markham and there was thus room and opportunity for Mr McIlwrick to have moved wider on the track. OCH AYE THE NOO was then held up behind Mr Cameron for a run in the straight and finished quite well for 6th.
Mr Renault rewound the videos and also used the pause mode to demonstrate in his view that there was some 60 metres during which the respondent could have shifted wider on the track. He said the run was available as the respondent had half a length advantage on Mr Cameron and Mr Williamson was yet to move forward to take the space vacated by Mr Markham. In addition, Mr McIlwrick could have pushed Mr Williamson out over a distance of some 50 to 60 metres. He believed this was the course of action that Mr McIlwrick should have adopted rather than continuing to follow Mr Cameron. He concluded his case by stating the respondent, by remaining in his position on the running line when the opportunity had presented itself to move wider on the track, had relied on luck and, in so doing, was in breach of the rule.
Mr McIlwrick stated that the driving instructions he had received were that he was to take all the short-cuts and to look for luck. He said he had driven OCH AYE THE NOO at Forbury Park on Thursday night and the horse was “awful” and had finished 2nd last. He said the horse had gone “ok” today and he had run out of room in the straight. He said in hindsight he may have driven the horse differently, but he had made his decision based on the horse’s form and its poor performance at Forbury. He believed his instructions may also have been different had the horse not raced as it had at Forbury.
Mr McIlwrick also stated that OCH AYE THE NOO was prone to hang and had done so quite badly at Forbury and to a lesser extent today. He demonstrated on the video how the horse was hanging when he was looking for runs in the home straight. He said the horse was far more comfortable when racing on the pole line and this had also influenced his thinking. He believed OCH AYE THE NOO could have begun to hang had he shifted out. He accepted the horse had found the line nicely and he was happy with its run today, but he emphasised the horse had done no work in the run. He said for these reasons he did not shift out when Mr Markham broke. He had his plan and his instructions, and he did not contemplate shifting out.
Mr McIlwrick also stated that had he shifted out on the bend he may have lost 2 or 3 lengths due to OCH AYE THE NOO hanging. The horse raced best when on the pegs or when in front. It did not like being wide.
Mr Williamson, who assisted the respondent, stated that Mr McIlwrick was following Mr Cameron and had the respondent shifted to Mr Cameron’s outside Mr Cameron would have been entitled to shift Mr McIlwrick wider on the track within say a distance of 50 metres. Mr Williamson stated that Mr McIlwrick only had a distance of 40 metres to decide to shift out when Mr Markham broke. Mr Williamson said he had taken the spot to the outside of Mr Cameron that Mr Renault was stating the respondent should have taken. He alleged he had been checked in the home straight by Mr Cameron, and had also been forced wider on the track, and his horse, TAKENOPRISONERS had run on for 4th. Mr Williamson confirmed OCH AYE THE NOO had raced poorly at Forbury and said it raced several lengths better today. He also added that had Mr Cameron shifted wider earlier in the straight Mr McIlwrick would have been able to improve his position. He believed Mr Cameron had cost himself a better position in the race by delaying his decision to move out. He said Mr McIlwrick could not have anticipated this and he was clearly looking for an inside run for OCH AYE THE NOO.
Mr Renault when summing up stated that OCH AYE THE NOO had been subjected by the Stipendiary Stewards to a post-race veterinary examination, which revealed abrasions to the off fore pastern as a result of it striking itself. Due to this, the mare was stood down pending a veterinary clearance. He stated that the Stewards were mindful of this veterinary examination and they had questioned the veterinarian, Dr Gillespie, who had advised that the injury detected would not have prevented Mr McIlwrick from driving his horse in a competitive fashion.
When questioned by this Committee, Mr Renault accepted OCH AYE THE NOO was hanging in the straight. He stated the horse had been hanging badly at Forbury but not so today. Mr McIlwrick had no obvious difficulties in steering the horse. He had a clear opportunity to come out and to have improved his position.
Reasons for Decision:
The evidence before us is to the effect that OCH AYE THE NOO had raced poorly at Forbury Park on Thursday night. Both parties accept this. The horse’s form over its 5 races before Forbury Park was 90085 and we note it finished 3rd last at Forbury some 33 lengths behind the winner.
Mr McIlwrick clearly had the opportunity to shift into the position Mr Markham vacated when JEAN SEBASTIEN galloped. Mr McIlwrick has perhaps been too forthright in stating that because of the horse’s poor form and his instructions he did not even contemplate shifting out. We note his further reasoning that the horse has a habit of hanging, had done so at Forbury, and was again doing so today, although to a lesser degree. We also note the respondent’s evidence that OCH AYE THE NOO prefers to race close to the pegs and is less likely to hang in these circumstances. We observe that OCH AYE THE NOO, although tractable in the straight, was inclined to hang and also note the injury to the off fore pastern through the horse striking itself, which was discovered by the veterinarian examination. When we take each of these factors into consideration, we conclude there was a rational basis for the respondent to decide it was in the horse’s best interests at that point in the race to remain on the pegs and thus not to shift outwards when the opportunity presented itself.
JCA Decision Fields (raw)
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hearingid: 76bc3a938b492840de889b769a8670c8
informantnumber: A09609
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to take all reasonable and permissible measures to ensure OCH AYE THE NOO was given full opportunity to win the race or obtain the best possible position and/or finishing place
plea: denied
penaltyrequired: 0
decisiondate: 20/06/2017
hearing_title: Oamaru HRC 18 June 2017 - R 4 - Chair, Prof G Hall
charge:
facts:
Mr Renault alleged that Mr McIlwrick the driver of OCH AYE THE NOO in race 4, the Morrison’s Saddlery & Feed Trot, failed to take all reasonable and permissible measures to ensure OCH AYE THE NOO was given full opportunity to win the race or to obtain the best possible position and/or finishing place.
Rule 868(2) provides: “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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Quirk, Stipendiary Steward, demonstrated on the video the position of OCH AYE THE NOO as the field passed the 450 metres. This was 4 back on the pylons following Mr Cameron. He pointed out that JEAN SEBASTIEN driven by Mr Markham had broken from its gait and moved wider on the track. The respondent was racing on the inside of Mr Markham and there was thus room and opportunity for Mr McIlwrick to have moved wider on the track. OCH AYE THE NOO was then held up behind Mr Cameron for a run in the straight and finished quite well for 6th.
Mr Renault rewound the videos and also used the pause mode to demonstrate in his view that there was some 60 metres during which the respondent could have shifted wider on the track. He said the run was available as the respondent had half a length advantage on Mr Cameron and Mr Williamson was yet to move forward to take the space vacated by Mr Markham. In addition, Mr McIlwrick could have pushed Mr Williamson out over a distance of some 50 to 60 metres. He believed this was the course of action that Mr McIlwrick should have adopted rather than continuing to follow Mr Cameron. He concluded his case by stating the respondent, by remaining in his position on the running line when the opportunity had presented itself to move wider on the track, had relied on luck and, in so doing, was in breach of the rule.
Mr McIlwrick stated that the driving instructions he had received were that he was to take all the short-cuts and to look for luck. He said he had driven OCH AYE THE NOO at Forbury Park on Thursday night and the horse was “awful” and had finished 2nd last. He said the horse had gone “ok” today and he had run out of room in the straight. He said in hindsight he may have driven the horse differently, but he had made his decision based on the horse’s form and its poor performance at Forbury. He believed his instructions may also have been different had the horse not raced as it had at Forbury.
Mr McIlwrick also stated that OCH AYE THE NOO was prone to hang and had done so quite badly at Forbury and to a lesser extent today. He demonstrated on the video how the horse was hanging when he was looking for runs in the home straight. He said the horse was far more comfortable when racing on the pole line and this had also influenced his thinking. He believed OCH AYE THE NOO could have begun to hang had he shifted out. He accepted the horse had found the line nicely and he was happy with its run today, but he emphasised the horse had done no work in the run. He said for these reasons he did not shift out when Mr Markham broke. He had his plan and his instructions, and he did not contemplate shifting out.
Mr McIlwrick also stated that had he shifted out on the bend he may have lost 2 or 3 lengths due to OCH AYE THE NOO hanging. The horse raced best when on the pegs or when in front. It did not like being wide.
Mr Williamson, who assisted the respondent, stated that Mr McIlwrick was following Mr Cameron and had the respondent shifted to Mr Cameron’s outside Mr Cameron would have been entitled to shift Mr McIlwrick wider on the track within say a distance of 50 metres. Mr Williamson stated that Mr McIlwrick only had a distance of 40 metres to decide to shift out when Mr Markham broke. Mr Williamson said he had taken the spot to the outside of Mr Cameron that Mr Renault was stating the respondent should have taken. He alleged he had been checked in the home straight by Mr Cameron, and had also been forced wider on the track, and his horse, TAKENOPRISONERS had run on for 4th. Mr Williamson confirmed OCH AYE THE NOO had raced poorly at Forbury and said it raced several lengths better today. He also added that had Mr Cameron shifted wider earlier in the straight Mr McIlwrick would have been able to improve his position. He believed Mr Cameron had cost himself a better position in the race by delaying his decision to move out. He said Mr McIlwrick could not have anticipated this and he was clearly looking for an inside run for OCH AYE THE NOO.
Mr Renault when summing up stated that OCH AYE THE NOO had been subjected by the Stipendiary Stewards to a post-race veterinary examination, which revealed abrasions to the off fore pastern as a result of it striking itself. Due to this, the mare was stood down pending a veterinary clearance. He stated that the Stewards were mindful of this veterinary examination and they had questioned the veterinarian, Dr Gillespie, who had advised that the injury detected would not have prevented Mr McIlwrick from driving his horse in a competitive fashion.
When questioned by this Committee, Mr Renault accepted OCH AYE THE NOO was hanging in the straight. He stated the horse had been hanging badly at Forbury but not so today. Mr McIlwrick had no obvious difficulties in steering the horse. He had a clear opportunity to come out and to have improved his position.
reasonsfordecision:
The evidence before us is to the effect that OCH AYE THE NOO had raced poorly at Forbury Park on Thursday night. Both parties accept this. The horse’s form over its 5 races before Forbury Park was 90085 and we note it finished 3rd last at Forbury some 33 lengths behind the winner.
Mr McIlwrick clearly had the opportunity to shift into the position Mr Markham vacated when JEAN SEBASTIEN galloped. Mr McIlwrick has perhaps been too forthright in stating that because of the horse’s poor form and his instructions he did not even contemplate shifting out. We note his further reasoning that the horse has a habit of hanging, had done so at Forbury, and was again doing so today, although to a lesser degree. We also note the respondent’s evidence that OCH AYE THE NOO prefers to race close to the pegs and is less likely to hang in these circumstances. We observe that OCH AYE THE NOO, although tractable in the straight, was inclined to hang and also note the injury to the off fore pastern through the horse striking itself, which was discovered by the veterinarian examination. When we take each of these factors into consideration, we conclude there was a rational basis for the respondent to decide it was in the horse’s best interests at that point in the race to remain on the pegs and thus not to shift outwards when the opportunity presented itself.
Decision:
We are thus not satisfied that Mr McIlwrick is in breach of r 868(2) in that he failed to take all reasonable and permissible measures to ensure OCH AYE THE NOO was given full opportunity to win the race or finish in the best possible position.
When delivering our decision and dismissing the charge, we emphasised to Mr McIlwrick that he had an obligation in a race not merely to follow his driving instructions but also to adapt these to the circumstances of the race, as the race unfolds. The respondent indicated that he understood and accepted this.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 868(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr R McIlwrick - Junior Horseman
Otherperson: Mr N Williamson - Open Horseman assisting Mr McIlwrick, Mr Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6bebb24858a1c65ce1efa38e525c6684
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f6b41bbc8214c0a54bdd63180510b7ce
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waitingforpublication: 0
meet_emailed1: 0
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meetdate: 18/06/2017
meet_title: Oamaru HRC - 18 June 2017
meet_expappcomment:
meet_km:
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tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Oamaru HRC