Winton HRC 26 September 2019 – R 1 – Chair, Prof G Hall
ID: JCA15939
Meet Title:
Winton HRC - 26 September 2019
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2019/09/26
Race Number:
R 1
Decision:
As Mr McIlwrick has admitted the breach, it is found to be proved.
Penalty:
Mr McIlwrick is suspended from the end of racing on 26 September up to and including 6 October. This is 3 South Island meetings, as drivers have been declared for the weekend.
Facts:
Mr Munro alleged that Mr McIlwrick (ZONED SCARLETT) drove carelessly in the early stages of the run home when allowing his runner to contact the mudguard of RITEUR in race 1, the REGENT CAR COURT TROT, causing his horse to break.
Mr McIlwrick admitted the breach and was present at the hearing.
Mr Munro demonstrated on the films that ZONED SCARLETT was racing in the trail as the field came around the final bend. Mr McIlwrick attempted to improve to the inside of RITEUR in order to take the passing lane and, in so doing, the inside front leg of ZONED SCARLETT came into contact with the mudguard of RITEUR’s cart. He demonstrated that the driver of RITEUR, Mr M Williamson, looked around just afterwards. He said Mr Williamson must have been aware of the contact. RITEUR was not affected but ZONED SCARLETT broke and lost several lengths before the horse came back into a trot.
Mr McIlwrick said it was obvious from the video that there was contact with the mudguard of RITEUR (Mr M Williamson). It was an error. He was looking to take the passing lane as soon as possible. He added he should have trailed up behind Mr Williamson’s helmet rather than his wheel.
Submissions for Penalty:
Mr Munro produced the respondent’s record. He described Mr McIlwrick as a busy Otago/ Southland driver, although he has recently had some time away from the industry. He has had 33 drives this season and 90 last season. The season before that he had had 308 drives. His record was clear under this rule until the previous raceday at Oamaru when he was fined $200.
Mr Munro identified the starting point in the JCA Penalty Guide as being a 6 drive suspension or a $300 fine for a first offence. There was no penalty prescribed for a repeat breach and he submitted a 4 day suspension was appropriate having regard to the fact this was the respondent’s first drive since his previous breach.
Mr McIlwrick emphasised that his record had previously been good under this rule. He did not seek deferral of any suspension.
Reasons for Penalty:
The breach is at the lower end; the level of carelessness is not high but having had the same issue with this horse at Oamaru last Sunday, Mr McIlwrick should have been cautious when shifting ground. The respondent has anticipated the passing lane run and has been too keen in his desire to take it. He simply had to wait only another 5 or 6 metres and the run would have been available. Significantly, the only horse affected by Mr McIlwrick’s actions was ZONED SCARLETT, which galloped briefly.
After considering the gravity of the breach, the respondent’s admission and his record, we believe a suspension of 3 days is appropriate. Although this is 2 careless driving breaches in 2 days, we note that Mr McIlwrick’s record prior to this time has been very good.
JCA Decision Fields (raw)
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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: a38de1f3e46856bc0d751d7a875746d7
informantnumber: A9838
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 27/09/2019
hearing_title: Winton HRC 26 September 2019 - R 1 - Chair, Prof G Hall
charge:
facts:
Mr Munro alleged that Mr McIlwrick (ZONED SCARLETT) drove carelessly in the early stages of the run home when allowing his runner to contact the mudguard of RITEUR in race 1, the REGENT CAR COURT TROT, causing his horse to break.
Mr McIlwrick admitted the breach and was present at the hearing.
Mr Munro demonstrated on the films that ZONED SCARLETT was racing in the trail as the field came around the final bend. Mr McIlwrick attempted to improve to the inside of RITEUR in order to take the passing lane and, in so doing, the inside front leg of ZONED SCARLETT came into contact with the mudguard of RITEUR’s cart. He demonstrated that the driver of RITEUR, Mr M Williamson, looked around just afterwards. He said Mr Williamson must have been aware of the contact. RITEUR was not affected but ZONED SCARLETT broke and lost several lengths before the horse came back into a trot.
Mr McIlwrick said it was obvious from the video that there was contact with the mudguard of RITEUR (Mr M Williamson). It was an error. He was looking to take the passing lane as soon as possible. He added he should have trailed up behind Mr Williamson’s helmet rather than his wheel.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McIlwrick has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Munro produced the respondent’s record. He described Mr McIlwrick as a busy Otago/ Southland driver, although he has recently had some time away from the industry. He has had 33 drives this season and 90 last season. The season before that he had had 308 drives. His record was clear under this rule until the previous raceday at Oamaru when he was fined $200.
Mr Munro identified the starting point in the JCA Penalty Guide as being a 6 drive suspension or a $300 fine for a first offence. There was no penalty prescribed for a repeat breach and he submitted a 4 day suspension was appropriate having regard to the fact this was the respondent’s first drive since his previous breach.
Mr McIlwrick emphasised that his record had previously been good under this rule. He did not seek deferral of any suspension.
reasonsforpenalty:
The breach is at the lower end; the level of carelessness is not high but having had the same issue with this horse at Oamaru last Sunday, Mr McIlwrick should have been cautious when shifting ground. The respondent has anticipated the passing lane run and has been too keen in his desire to take it. He simply had to wait only another 5 or 6 metres and the run would have been available. Significantly, the only horse affected by Mr McIlwrick’s actions was ZONED SCARLETT, which galloped briefly.
After considering the gravity of the breach, the respondent’s admission and his record, we believe a suspension of 3 days is appropriate. Although this is 2 careless driving breaches in 2 days, we note that Mr McIlwrick’s record prior to this time has been very good.
penalty:
Mr McIlwrick is suspended from the end of racing on 26 September up to and including 6 October. This is 3 South Island meetings, as drivers have been declared for the weekend.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mr R McIlwrick - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 00643b5e5ceefc2a931ffc514a44d4d3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: df1c60b779c7b0118a7ca7a225d7fdf3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/09/2019
meet_title: Winton HRC - 26 September 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Winton HRC