Invercargill HRC 27 November 2024 – R1 – Rory McIlwrick

Mr Munro alleged that in Race 1, Mr McIlwrick (FATHER ON DOWN) drove carelessly in that he struck a wheel entering the final bend and the horse broke in consequence.

Miss Haley demonstrated the incident on the videos. As the field entered the home bend, Mr Hurrell (SONNY JIM) shifted wider on the track to make his run and FATHER ON DOWN, which had been following that horse, shifted out to follow SONNY JIM. In so doing, FATHER ON DOWN came into contact with MODE (Mr Williamson) and FATHER ON DOWN broke. The horse galloped for a few strides and lost 2 to 3 lengths. FATHER ON DOWN finished 3rd in the race.

Mr Munro said Mr Hurrell was half out when Mr McIlwrick made slight contact with Mr Williamson’s wheel. Mr Hurrell was pushing out Mr Williamson lawfully at the time. Mr McIlwrick had galloped free of interference.

Mr McIlwrick said he was nursing his horse and there was free and clear air before he hit the cart. The incident would not have occurred, had Mr Hurrell maintained his position. FATHER ON DOWN had over-reacted to Mr Hurrell’s move. He said this was exacerbated by Mr Williamson initially not reacting to Mr Hurrell’s move. The contact with MODE was reasonably minor.

Mr McIlwrick added that he was unable to take reasonable action in that time. FATHER ON DOWN had shifted out quickly and he had no time to make an adjustment. He had had quite “a lot of hold of the horse” and had not expected Mr Hurrell to shift outwards when he did.

Decision

Mr McIlwrick has made light contact with the cart of Mr Williamson when racing free of interference. FATHER ON DOWN has shifted out to follow Mr Hurrell, who had shifted outwards and was pushing Mr Williamson wider on the track at the time. The fact Mr McIlwrick did not expect Mr Hurrell to shift outwards when he did, is no defence to the charge. The obligation on Mr McIlwrick is to keep his horse clear of the carts of the other runners and this he has failed to do. In so doing, he has driven carelessly.

The breach of r 869(3)(b) is found to be proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record, which showed that Mr McIlwrick has had 130 drives this season and 210 the last. He described Mr McIlwrick as a busy Southland Driver. His record was clear, without even as much as a warning. Mr Munro submitted the consequential effect was unclear, although FATHER ON DOWN would have finished closer than the 1 1/4L margin between 2nd and 3rd.

Mr McIlwrick said the consequence of FATHER ON DOWN galloping, was that it had gone to the rail. The horse had come back into its gait reasonably quickly. He did not believe he had lost a lot of ground.

Reasons for Penalty

Mr McIlwrick has permitted FATHER ON DOWN to make contact with the cart of MODE, when his horse shifted out to follow SONNY JIM. It was just a brushing of the wheel, but it was sufficient to result in FATHER ON DOWN galloping. The starting point is a fine of $300, with regard being had to the consequences of the breach. The horse lost a little over 2 lengths before returning to its gait. No other horse was affected by his actions.  Mr McIlwrick has an excellent record and a penalty just below the starting point is appropriate.

Conclusion

Mr McIlwrick is fined the sum of $250.