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Auckland TC 5 July 2019 - R 7 - Chair, Mr A Godsalve

Created on 08 July 2019

Committee:
AGodsalve (chair)
ASmith
Name(s):
Ms N Chilcott-Open Horsewoman
Informant
Mr S Mulcay - Senior Stipendiary Steward
Information Number
A12450
Plea:
Admitted
Charge:
Drives carelessly
Evidence:

Following the running of Race 7, the Hydroflow Handicap Trot 2200m, an Information was presented by Mr Mulcay in which he alleged that open Horsewoman Ms N Chilcott 'drove SAINT MICHEL carelessly causing interference to OUR ROSA (Mr S Cornwall) inside the 1000 metres'.

Ms Chilcott was present at the hearing and acknowledged that:

(a) She understood the Rule, and

(b) She admitted the breach.

Rule 869(3)(b) says 'No horseman in any race shall drive carelessly'.

Using the available films Mr Mulcay identified the horses SAINT MICHEL (Ms Chilcott), MICHELLE (Mr T Herlihy), OUR ROSA (Mr S Cornwall) and SAFRAKOVA (Mr L Chin).

As the field passed the 1200 metres mark SAINT MICHEL was in a 1x1 position behind OUR ROSA. MICHELLE was behind SAINT MICHEL, and SAFRAKOVA was racing alongside the markers inside those horses.

Mr Mulcay demonstrated that Ms Chilcott shifts out in front of MICHELLE as she was entitled to in an endeavour to pass OUR ROSA. Mr Herlihy then improved MICHELLE 4 wide around SAINT MICHEL. Mr Mulcay pointed out that Ms Chilcott then steered SAINT MICHEL inwards, apparently believing she was clear of OUR ROSA, however as a result OUR ROSA struck SAINT MICHEL'S sulky wheel and went off stride. OUR ROSA continued on in a gallop and lost any chance it had in the race. Consequently SAFRAKOVA was inconvienienced by OUR ROSA and was forced over the marker pegs, losing about 2 lengths as Mr Chin was forced to restrain it to get back onto the track.

Ms Chilcott stated that she was ' clearly in the wrong'. She said she had looked inside and thought that OUR ROSA had room to drop back onto the pegs when she moved her horse in, however had not taken into account SAFRAKOVA'S position which was obscured by OUR ROSA.

Decision:

As the breach is admitted we find the charge proved.

Submission For Penalty:

Mr Mulcay informed the Committee that Ms Chilcott had driven in races on 119 occasions this season and had not incurred any driving charges. He added that the Stewards therefore considered her record to be excellent. Referring to the the JCA Penalty Guide, Mr Mulcay said that the Guide provided a fine of $500 or a 10 drive suspension where the respondent did not have a breach of the Rule in the prior 6 months. He added that the Stewards believed that a suspension of the driver's licence was called for where interference to other horse/s was involved and suggested that a 2 day suspension was appropriate.

Ms Chilcott stated that she would prefer a fine. In response to questions from the Committee she acknowledged that she would have horses trained by her racing at Alexandra Park on 12 and 19 July 2019 and intended to drive them. However the Committee accepted that since nominations etc had not been called for we would allow Ms Chilcott to begin any suspension after that evening's racing as she wished to do. It was clear that these were not 'commitments' and it would not inconvienience any party to have other driver/s engaged if the horses did in fact race.

Reasons For Penalty:

The Committee confirmed that the JCA Penalty Guide provided a starting point of a 10 drive suspension or a $500 fine where a driver breached this Rule and did not have other breaches of it in the previous 6 months.

We took into account Ms Chilcott's admission of the breach and her excellent driving record. Balanced against those facts we had to take into account that 2 horses had been affected to varying degrees by Ms Chilcott's actions and we therefore considered that a suspension of her driving licence would be an appropriate penalty. We ascertained that Ms Chilcott usually has between 3-5 drives per meeting, and therefore given the above factors determined that an 8 drive/2 day suspension would be an appropriate penalty. This penalty would be consistant with penalties imposed by other Committees in similar circumstances.

Penalty:

We therefore imposed a 2 day suspension on Ms Chilcott, to begin after the conclusion of racing on 5 July 2019 and finish after the completion of racing on 19 July 2019.

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