Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Wyndham HRC 6 January 2016 – R1 – Chair, Mr P Knowles

ID: JCA13957

Applicant:
Mr C Allison - Stipendiary Steward

Respondent(s):
Mr RT McIlwrick - Junior Horseman

Other Person:
Mr NP Williamson - Assisting Mr McIlwrick

Information Number:
A1450

Hearing Type:
Hearing

New Charge:
869 (3) (b)

Rules:
Careless driving

Plea:
admitted

Meet Title:
Wyndham HRC - 6 January 2016

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2016/01/06

Race Number:
R1

Decision:

Mr McIlwrick admitted the charge and it is found proved.

Penalty:

Mr McIlwrick is suspended from the conclusion of racing at Wyndham HRC on 19 January  up to and including 25 January 2016.  This is two days, Oamaru HRC on 21 January and Invercargill HRC on 25 January 2016.  Mr McIlwrick is also fined $250.

Facts:

Following the running of Race 10, the CROMWELL & DISTRICTS BUSINESS CUP MOBILE PACE, the Stewards lodged an Information alleging a breach of Rule 869 (3) (b) in that “Mr McIlwrick (The Black) allowed his horse to strike the sulky wheel of Double Rainbow (S Walkinshaw) on several occasions between the 1300 and 700 metre mark.”

Rule 869(3)(b) reads:

No horseman in any race shall drive:-

carelessly.

Mr McIlwrick admitted the charge and appeared at the hearing assisted by Mr Williamson.

Mr Allison stated that The Black settled near the rear of the field soon after the start. Approaching the 1300m mark he observed Mr McIlwrick allow his horse to move forward and strike the sulky of Double Rainbow. Over the next 600m this occurred on several occasions. He had spoken to Mr Walkinshaw who told him his sulky wheel had been struck between five to eight times during that distance.  He stated that eventually both the tube and tyre on the inside sulky wheel came off the rim resulting in the tube wrapping around the axle. Double Rainbow’s chances were seriously affected and Mr Walkinshaw was unable to drive his horse out.

Mr McIlwrick stated his horse was starting to race fiercely soon after the start. When he restrained him he struck the sulk wheel with his hind foot. He had had attempted to trail behind Mr Walkinshaw on several occasions but the further they went the worse The Black became. He said his horse struck the sulky when there was an easing of the pace and it wasn’t entirely the horse’s fault.

Mr Williamson stated Mr McIlwrick should have shifted to the three-wide line a lot earlier than he did. This would have helped his horse settle better, and he would not be in the position he is in now. He felt it was an error of judgement on Mr McIlwrick’s part.

Submissions for Penalty:

Mr Allison submitted that this was Mr McIlwrick’s second breach of the rule within four days. He said this breach was not at the lower end of the scale as Double Rainbow’s sulky wheel had been struck multiple times and its chances seriously affected. The Penalty Guide recommended a suspension of 3 days. He was aware that Mr McIlwrick had been suspended at the Central Otago TC meeting on the 2nd January for three days, which started at the completion of this meeting and ended on the 19th January.

Mr Williamson stated that Mr McIlwrick had admitted the breach and there were some good driving days coming up. His horse had struck its own wheel and the harder it hit the wheel the keener it got.

Reasons for Penalty:

Mr McIlwrick showed serious misjudgement when driving The Black during the running. We take a starting point of three days suspension and increase that to five days for the aggravating features of his driving misjudgement, that Double Rainbow’s chances were seriously affected, and that this is his second offence in a matter of days.

We are very aware that a suspension of five days would mean Mr McIlwrick would be unable to earn extra income for a month. We give him two days credit for admitting the breach and that he is a Junior Horseman. We impose a fine of $250 in lieu of a one day suspension. This will allow Mr McIlwrick an opportunity to get back driving as soon as possible.

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: 8448b55d57c785da6d506dec8dc3e202


informantnumber: A1450


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 869 (3) (b)


plea: admitted


penaltyrequired: 1


decisiondate: 11/01/2016


hearing_title: Wyndham HRC 6 January 2016 - R1 - Chair, Mr P Knowles


charge:


facts:

Following the running of Race 10, the CROMWELL & DISTRICTS BUSINESS CUP MOBILE PACE, the Stewards lodged an Information alleging a breach of Rule 869 (3) (b) in that “Mr McIlwrick (The Black) allowed his horse to strike the sulky wheel of Double Rainbow (S Walkinshaw) on several occasions between the 1300 and 700 metre mark.”

Rule 869(3)(b) reads:

No horseman in any race shall drive:-

carelessly.

Mr McIlwrick admitted the charge and appeared at the hearing assisted by Mr Williamson.

Mr Allison stated that The Black settled near the rear of the field soon after the start. Approaching the 1300m mark he observed Mr McIlwrick allow his horse to move forward and strike the sulky of Double Rainbow. Over the next 600m this occurred on several occasions. He had spoken to Mr Walkinshaw who told him his sulky wheel had been struck between five to eight times during that distance.  He stated that eventually both the tube and tyre on the inside sulky wheel came off the rim resulting in the tube wrapping around the axle. Double Rainbow’s chances were seriously affected and Mr Walkinshaw was unable to drive his horse out.

Mr McIlwrick stated his horse was starting to race fiercely soon after the start. When he restrained him he struck the sulk wheel with his hind foot. He had had attempted to trail behind Mr Walkinshaw on several occasions but the further they went the worse The Black became. He said his horse struck the sulky when there was an easing of the pace and it wasn’t entirely the horse’s fault.

Mr Williamson stated Mr McIlwrick should have shifted to the three-wide line a lot earlier than he did. This would have helped his horse settle better, and he would not be in the position he is in now. He felt it was an error of judgement on Mr McIlwrick’s part.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr McIlwrick admitted the charge and it is found proved.


sumissionsforpenalty:

Mr Allison submitted that this was Mr McIlwrick’s second breach of the rule within four days. He said this breach was not at the lower end of the scale as Double Rainbow’s sulky wheel had been struck multiple times and its chances seriously affected. The Penalty Guide recommended a suspension of 3 days. He was aware that Mr McIlwrick had been suspended at the Central Otago TC meeting on the 2nd January for three days, which started at the completion of this meeting and ended on the 19th January.

Mr Williamson stated that Mr McIlwrick had admitted the breach and there were some good driving days coming up. His horse had struck its own wheel and the harder it hit the wheel the keener it got.


reasonsforpenalty:

Mr McIlwrick showed serious misjudgement when driving The Black during the running. We take a starting point of three days suspension and increase that to five days for the aggravating features of his driving misjudgement, that Double Rainbow’s chances were seriously affected, and that this is his second offence in a matter of days.

We are very aware that a suspension of five days would mean Mr McIlwrick would be unable to earn extra income for a month. We give him two days credit for admitting the breach and that he is a Junior Horseman. We impose a fine of $250 in lieu of a one day suspension. This will allow Mr McIlwrick an opportunity to get back driving as soon as possible.


penalty:

Mr McIlwrick is suspended from the conclusion of racing at Wyndham HRC on 19 January  up to and including 25 January 2016.  This is two days, Oamaru HRC on 21 January and Invercargill HRC on 25 January 2016.  Mr McIlwrick is also fined $250.


hearing_type: Hearing


Rules: Careless driving


Informant: Mr C Allison - Stipendiary Steward


JockeysandTrainer: Mr RT McIlwrick - Junior Horseman


Otherperson: Mr NP Williamson - Assisting Mr McIlwrick


PersonPresent:


Respondent:


StipendSteward:


raceid: 90b3a6e8f18bd156b4cab317e929bd6b


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: 4eade122435065e8c7ff44e1a4bc0da5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/01/2016


meet_title: Wyndham HRC - 6 January 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Wyndham HRC