Archive Decision

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Waikato BOP H 18 April 2019 – R 2 – Chair, Mr B J Scott

ID: JCA16309

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Ms S Wigg - Licensed Amateur Horsewoman

Other Person:
Mr T Vince - Trainer of ROMANITE assisting Ms Wigg

Information Number:
A10599

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
Rule 879(3)(b)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 18 April 2019

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2019/04/18

Race Number:
R2

Decision:

The breach is admitted and therefore the charge is proved.

Penalty:

This Committee imposes a fine of $250 on Ms Wigg.

Facts:

Following the running of the PRINTEC CAMBRIDGE MOBILE PACE an Information was lodged by Senior Stipendiary Steward, Mr S Mulcay against Licensed Amateur Horsewoman, Ms S Wigg alleging that when driving ROMANITE she drove carelessly near the 175 metres mark by contacting the sulky wheel of TC BUSINESS which resulted in her own horse breaking.

Rule 869(3)(b) provides : No horseman in any race shall drive carelessly.

Ms Wigg was present at the Hearing and was supported by Mr T Vince the Trainer of ROMANITE.

Ms Wigg initially indicated that she wanted to defend the charge but she advised the Committee that she had changed her mind and now admitted it.

Mr Mulcay demonstrated the incident by use of the race films and showed that prior to the home turn ROMANITE was racing 1 off the fence and that it was travelling well. He said that the horses in front of it were weakening and that ROMANITE was badly held up. He said that TC BUSINESS (which was in front of Ms Wigg's horse) maintained a straight line to the finish.

He further showed where Ms Wigg was badly held up and that when she moved towards the Passing Lane she was placed in restricted room and her horse made contact with the nearside wheel of the sulky of TC BUSINESS and broke.

Ms Wigg said her horse was bolting and she was just on the inside of the sulky of TC BUSINESS and she tried to get out of that position for safety reasons.

Mr Vince said that there were a lot of circumstances contributing to the incident and that there was a lot of pressure from the horses in front of ROMANITE.

Submissions for Penalty:

Mr Mulcay stated that the JCA Penalty Guide provides for a starting point penalty of either suspension of Licence for 6 drives or a $300 fine. He said that Ms Wigg has a clear record under this Rule for the last 12 months and that she has admitted the breach.

He said that he would have no opposition if the Committee imposed a lesser penalty.

When asked by the Committee Mr Mulcay said that ROMANITE was the favourite for the race.

Mr Vince submitted that a small fine would be an appropriate penalty.

Reasons for Penalty:

The Committee confirmed the starting point penalties in the JCA Guidelines and we also checked previous penalties under this Rule in the Penalty Schedules that are available to us.

We considered an uplift in the starting point penalty because Ms Wigg was driving the favourite for the race but we took into account the position in the field that she was in when the incident occured. There could be some doubt as to whether ROMANITE would have finished in a dividend bearing position regardless of the interference and we have given Ms Wigg the benefit of the doubt.

We are concerned about the fact that in trying to reach the Passing Lane Ms Wigg has hit the sulky wheel of TC BUSINESS and she was clearly careless.

Ms Wigg has admitted the breach and in our view that was inevitable given the clear evidence on the race films. We have however given her credit for her admission and her good record and accordingly we believe that a fine of $250 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: d8189c5c5f3a0ad50b8b5b75ec52e219


informantnumber: A10599


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 20/04/2019


hearing_title: Waikato BOP H 18 April 2019 - R 2 - Chair, Mr B J Scott


charge:


facts:

Following the running of the PRINTEC CAMBRIDGE MOBILE PACE an Information was lodged by Senior Stipendiary Steward, Mr S Mulcay against Licensed Amateur Horsewoman, Ms S Wigg alleging that when driving ROMANITE she drove carelessly near the 175 metres mark by contacting the sulky wheel of TC BUSINESS which resulted in her own horse breaking.

Rule 869(3)(b) provides : No horseman in any race shall drive carelessly.

Ms Wigg was present at the Hearing and was supported by Mr T Vince the Trainer of ROMANITE.

Ms Wigg initially indicated that she wanted to defend the charge but she advised the Committee that she had changed her mind and now admitted it.

Mr Mulcay demonstrated the incident by use of the race films and showed that prior to the home turn ROMANITE was racing 1 off the fence and that it was travelling well. He said that the horses in front of it were weakening and that ROMANITE was badly held up. He said that TC BUSINESS (which was in front of Ms Wigg's horse) maintained a straight line to the finish.

He further showed where Ms Wigg was badly held up and that when she moved towards the Passing Lane she was placed in restricted room and her horse made contact with the nearside wheel of the sulky of TC BUSINESS and broke.

Ms Wigg said her horse was bolting and she was just on the inside of the sulky of TC BUSINESS and she tried to get out of that position for safety reasons.

Mr Vince said that there were a lot of circumstances contributing to the incident and that there was a lot of pressure from the horses in front of ROMANITE.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is proved.


sumissionsforpenalty:

Mr Mulcay stated that the JCA Penalty Guide provides for a starting point penalty of either suspension of Licence for 6 drives or a $300 fine. He said that Ms Wigg has a clear record under this Rule for the last 12 months and that she has admitted the breach.

He said that he would have no opposition if the Committee imposed a lesser penalty.

When asked by the Committee Mr Mulcay said that ROMANITE was the favourite for the race.

Mr Vince submitted that a small fine would be an appropriate penalty.


reasonsforpenalty:

The Committee confirmed the starting point penalties in the JCA Guidelines and we also checked previous penalties under this Rule in the Penalty Schedules that are available to us.

We considered an uplift in the starting point penalty because Ms Wigg was driving the favourite for the race but we took into account the position in the field that she was in when the incident occured. There could be some doubt as to whether ROMANITE would have finished in a dividend bearing position regardless of the interference and we have given Ms Wigg the benefit of the doubt.

We are concerned about the fact that in trying to reach the Passing Lane Ms Wigg has hit the sulky wheel of TC BUSINESS and she was clearly careless.

Ms Wigg has admitted the breach and in our view that was inevitable given the clear evidence on the race films. We have however given her credit for her admission and her good record and accordingly we believe that a fine of $250 is appropriate.


penalty:

This Committee imposes a fine of $250 on Ms Wigg.


hearing_type: Hearing


Rules: Rule 879(3)(b)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Ms S Wigg - Licensed Amateur Horsewoman


Otherperson: Mr T Vince - Trainer of ROMANITE assisting Ms Wigg


PersonPresent:


Respondent:


StipendSteward:


raceid: 609db3dda3d042aaf28171c75ae342dc


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: 6f8edfc464c6b71f73e3b026079871dc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/04/2019


meet_title: Harness Racing Waikato - 18 April 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato