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Kaikoura TC 3 November 2019 - R 1 - Chair, Mr S Ching

Created on 06 November 2019

Rules:
869 (3) (b)
Committee:
SChing (chair)
RMcKenzie
Name(s):
S Wigg-Advanced Amateur Driver
Informant
N Ydgren- Chief Stipendiary Steward
Information Number
A12858
Plea:
Admitted
Charge:
Careless driving
Evidence:

Chief Stipendiary Steward, Mr N Ydgren, filed an information against Advanced Amateur Driver, Ms S Wigg, alleging a breach of Rule 869(3) (b) in that when driving RAKE, she drove carelessly when shifting ground outwards near the 800mm, causing interference to EL CAPITAN, driven by Ms C Wigg and XMAS BAY, driven by Mr M Stratford.

Ms Wigg confirmed to the hearing that she admitted the breach and understood the rule.

Rule 869(3)(b) reads as follows:

“(3) No horseman in any race shall drive:-

(b) carelessly:-

Mr Ydgren gave evidence and used video coverage to show that approaching the 800m Ms S Wigg , driving RAKE, was racing three back and two wide with EL CAPITAN, driven by Ms C Wigg, three wide and improving with cover. Mr Ydgren stated that as Ms S Wigg was inside the 1000m, she was entitled to shift out if she had a clear advantage providing it does not cause interference. Initially, Ms S Wigg had the advantage, but lost that advantage for the outward movement. He added that Miss Wigg continued shifting outward in an attempt to get established outside ALL NUTS N BOLTS and move to a three-wide position, however, was unsuccessful and as a result, her own horse breaks and causes interference to EL CAPITAN and XMAS BAY. In mitigation, Mr Ydgren stated that the outside horse, EL CAPITAN was hanging in a fraction which did not help the situation, however regarded Miss S Wigg’s driving to be careless.

Ms Wigg stated that the head on angle was not available for the incident which she said disadvantaged her. She said she believed she got her feet out into the run but was smashed back down. RAKE was only a pony, she said, and was easily pushed around. Ms Wigg asked that consideration be given to those factors.

Decision:

As Ms Wigg had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Ydgren stated that Ms Wigg had a clear record in regard to this rule over the previous 120 days but did have a breach outside the reset period, at Bay of Plenty on 18 April 2019 where she received a $250 fine. Mr Ydgren stated that the JCA Penalty Guide provided a $300 fine or a 6-drive suspension for a breach of this rule where a driver strikes a wheel. Mr Ydgren submitted that starting points of a $300 fine or 6-day suspension be considered as penalty in this case. He stated he would leave it up to the Committee to decide the format of penalty to be imposed.

Ms Wigg stated she would prefer a fine as penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 6-drive suspension or a $300 fine for a breach of this rule. This Committee, after consideration, determined that a fine was an appropriate penalty in this case. We also determined that there were aggravating factors to consider, being the consequences to other runners and the fact that RAKE was the favourite for the race. These factors warranted an uplift in penalty which we set at $100. We were, however, able to afford Ms Wigg a combined discount for her frank admission of the breach and her clear record. This combined discount we set at $100.

We therefore determined that a $300 fine was an appropriate penalty.

Penalty:

Accordingly, Ms Wigg was fined the sum of $300.

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