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Waikato BOP H 10 September 2020 - R 1 - Chair, Mr BJ Scott

Created on 14 September 2020

Committee:
BScott (chair)
Name(s):
Ms C Wigg - Amateur Driver
Informant
Mr JM Muirhead - Senior Stipendiary Steward
Information Number
A12243
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of the WELCOME BACK AUCKLAND TRAINERS Mobile Pace an Information was lodged by Senior Stipendiary Steward Mr JM Muirhead  against  Amateur Driver Ms C Wigg alleging that Ms Wigg drove carelessly when  approaching the winning post on the first occasion when allowing her horse DRUM WITHERS to shift inwards and tighten the ground of JACKHAMMER  JOE (Driver M Salaivao) which locked wheels with MISTER SLICK (Driver S Wigg).

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

Ms Wigg was present at the Hearing and she advised the Committee that she admitted the breach.

Mr Muirhead demonstrated the incident by use of the race films and identified Ms Wigg driving DRUM WITHERS.  He showed where she drew 6 at the barrier and she then began to move in looking for a position. He said that 50 metres from the Winning Post she was 4 wide but she kept moving in. He said that there was insufficient room to move in but despite that she continued with her manoeuvre . JACKHAMMER JOE was inside her horse and MISTER SLICK was on the inside of it. As a result she pushed down behind JACKHAMMER JOE and then locked wheels with MR SLICK.

He then said that the locking of wheels did not have a significant effect because MISTER SLICK went on to win the race. He did say however that as a result of Ms Wigg's  movement there was the potential for it to be much worse.

Ms Wigg agreed that there wasn't enough room but said that after looking at the films she thought that MISTER SLICK may have pushed JACKHAMMER JOE outwards and this contributed to the incident.

Decision:

The breach is admitted and therefore the charge is upheld.

Submission For Penalty:

Mr Muirhead referred to the JCA Penalty Guidelines which provide for a starting point penalty of a 10  drive suspension of Licence or a $500.00 fine.

He said that Ms Wigg's record under this Rule was clear for the last six months. He also said that the locking of wheels did not have any significant effect because MISTER SLICK went on to win the race.

Ms Wigg made no further submissions other than that she preferred a fine.

Reasons For Penalty:

This incident is clearly shown on the race films. They also clearly show that there was no room at any stage for Ms Wigg to achieve the position that she wanted but despite this she continued to move down. Ms Wigg has admitted the breach but in view of the film evidence she had no other option.

The films did not show any outwards movement by MISTER SLICK as suggested by Ms Wigg.

The carelessness is above mid range and the penalty should reflect this. The other concern is that although Ms Wigg's actions did not have significant effects on this occasion it could have been worse.

The starting point fine is $500.00 and because Ms Wigg is an Amateur Driver the fine is reduced by $100.00.

Penalty:

Ms C Wigg is fined the sum of $400.00.

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