Archive Decision

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Oamaru HRC 30 July 2017 – R 2 – Chair, Mr P Knowles

ID: JCA10572

Applicant:
Mr S W Wallis -Stipendiary Steward

Respondent(s):
Mr R McIlwrick - Junior Horseman

Information Number:
A09566

Hearing Type:
Hearing

New Charge:
Breaking a driving engagement

Rules:
507 (1)

Plea:
admitted

Meet Title:
Oamaru HRC - 30 July 2017

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2017/07/30

Race Number:
R2

Decision:

Mr McIlwrick admitted the charge and it was found proved.

Penalty:

Mr McIlwrick is fined $300.

Facts:

Following the running of race 2 the NORTH OTAGO MOTOR GROUP MOBILE PACE an information was lodged alleging that Mr McIlwrick, Junior Horseman, broke a driving engagement to drive JEMMA FRANCO and was replaced by C Thornley two minutes prior to start time.

Rule 507 (1) reads:

No horseman shall break an engagement to drive a horse.

Mr McIlwrick attended the hearing and admitted the charge.

Mr Wallis stated that Stewards became aware that Mr McIlwrick was not on the track about six/seven minutes prior to start time. They knew Mr McIlwrick was on the course but could not be located. He said Mr Thornley was engaged to drive JEMMA FRANCO and was on the track about two minutes prior to start time. About that time Mr McIlwrick arrived at the birdcage but was told he was no longer engaged to drive JEMMA FRANCO.

Mr McIlwrick accepted he had made a mistake. He said a series of unfortunate events had taken place leading up to his missing his engagement on JEMMA FRANCO. He stated he had checked the Informant for his name and had not seen it down for JEMMA FRANCO. Also the trainer (N Munro) had horses in races two and three and he thought his drive was later.

He said about three minutes prior to race start he had heard his name being called and had made his way to the birdcage, but was too late.

Submissions for Penalty:

Mr Wallis stated Mr McIlwrick had had 382 drives this season and over 1200 in his career to date. He said it was the first time Mr McIlwrick had been charged under this rule. He was on course and knew he was engaged to drive the horse. Fortunately Mr Thornley was available to drive the horse otherwise it may have been scratched from the event. He stated a late driver change may also have had an impact on betting. The JCA Penalty Guide recommended a fine of $200 or a suspension of four days. Due to the lateness of the driver change he was seeking a fine between $300 and $400.

Mr McIlwrick stated he was a Junior Horseman and it was the first offence under this rule in over 1200 career drives. He had admitted the breach and recognised he had made a bad mistake. He said driving was his main income.

Reasons for Penalty:

Taking into account the submissions of the stewards we find the breach to be mid to low level. Mr Thornley was engaged very late (2 mins prior to the start) which would have caused concern to Mr Munro, the connections of the horse and the betting public. But fortunately the horse did not have to be late scratched.

We take a starting point of $200 and increase that to $400 for the breach of the rule being very late (just prior to start time), and the resulting confusion with respect to the change of driver. We give Mr McIlwrick credit for his frank admission of the breach, and his excellent driving record under this rule. 

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: 02030270997a6601e39b6fbc8e153ef5


informantnumber: A09566


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breaking a driving engagement


plea: admitted


penaltyrequired: 1


decisiondate: 01/08/2017


hearing_title: Oamaru HRC 30 July 2017 - R 2 - Chair, Mr P Knowles


charge:


facts:

Following the running of race 2 the NORTH OTAGO MOTOR GROUP MOBILE PACE an information was lodged alleging that Mr McIlwrick, Junior Horseman, broke a driving engagement to drive JEMMA FRANCO and was replaced by C Thornley two minutes prior to start time.

Rule 507 (1) reads:

No horseman shall break an engagement to drive a horse.

Mr McIlwrick attended the hearing and admitted the charge.

Mr Wallis stated that Stewards became aware that Mr McIlwrick was not on the track about six/seven minutes prior to start time. They knew Mr McIlwrick was on the course but could not be located. He said Mr Thornley was engaged to drive JEMMA FRANCO and was on the track about two minutes prior to start time. About that time Mr McIlwrick arrived at the birdcage but was told he was no longer engaged to drive JEMMA FRANCO.

Mr McIlwrick accepted he had made a mistake. He said a series of unfortunate events had taken place leading up to his missing his engagement on JEMMA FRANCO. He stated he had checked the Informant for his name and had not seen it down for JEMMA FRANCO. Also the trainer (N Munro) had horses in races two and three and he thought his drive was later.

He said about three minutes prior to race start he had heard his name being called and had made his way to the birdcage, but was too late.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr McIlwrick admitted the charge and it was found proved.


sumissionsforpenalty:

Mr Wallis stated Mr McIlwrick had had 382 drives this season and over 1200 in his career to date. He said it was the first time Mr McIlwrick had been charged under this rule. He was on course and knew he was engaged to drive the horse. Fortunately Mr Thornley was available to drive the horse otherwise it may have been scratched from the event. He stated a late driver change may also have had an impact on betting. The JCA Penalty Guide recommended a fine of $200 or a suspension of four days. Due to the lateness of the driver change he was seeking a fine between $300 and $400.

Mr McIlwrick stated he was a Junior Horseman and it was the first offence under this rule in over 1200 career drives. He had admitted the breach and recognised he had made a bad mistake. He said driving was his main income.


reasonsforpenalty:

Taking into account the submissions of the stewards we find the breach to be mid to low level. Mr Thornley was engaged very late (2 mins prior to the start) which would have caused concern to Mr Munro, the connections of the horse and the betting public. But fortunately the horse did not have to be late scratched.

We take a starting point of $200 and increase that to $400 for the breach of the rule being very late (just prior to start time), and the resulting confusion with respect to the change of driver. We give Mr McIlwrick credit for his frank admission of the breach, and his excellent driving record under this rule. 


penalty:

Mr McIlwrick is fined $300.


hearing_type: Hearing


Rules: 507 (1)


Informant: Mr S W Wallis -Stipendiary Steward


JockeysandTrainer: Mr R McIlwrick - Junior Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 205d5b7d1e72f072ddf8dc0b9a67ad02


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c7aba939c33091152bd670f0e5b7ecc0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/07/2017


meet_title: Oamaru HRC - 30 July 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Oamaru HRC