Winton HRC 14 May 2022 – R9 – Rory McIlwrick

Summary of Facts:

At the conclusion of Race 9, the Hydroflow Distributors LTD Mobile Pace, Information A17005 was lodged by Mr Nigel McIntyre that Rory McIlwrick, Driver of DANGEROUS shifted ground inwards passing the 700m mark when not sufficiently clear, resulting in AMERICAN EYRETIME (Mark Hurrell) hitting markers.

The Respondent, Mr McIlwrick admitted the breach and confirmed he understood the Rule and was present throughout the hearing.

Rule 869(7a)(c) provides: every horseman who moves inwards shall ensure a) that contact is not made with any track markers c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.

Decision:

The charge is admitted by the Respondent and therefore is deemed proved.

Submission for Penalty:

Mr McIntyre asked Stipendiary Steward, Miss Haley to highlight the incident on the video clips. Miss Haley identified DANGEROUS moving inwards when not clear of AMERICAN EYRETIME who hit the markers. It was noted that AMERICAN EYRETIME went on to win the race.

Mr McIlwrick stated that he simply made an error of judgement.

Submission For Penalty:

Mr McIntyre produced the Respondent’s record which indicated a clear record. The Respondent has had 2344 lifetime drives, last season 318 and this season 90. Mr McIntyre added the Stewards assessed the breach as low range as the horse affected AMERICAN EYRETIME went on to win the race.

Mr McIlwrick accepted that a fine would be appropriate in his opinion.

Reasons For Penalty:

The Penalty Guide provides a starting point of a 6 drive suspension or a $300 fine. After taking into account the submissions of both the applicant and Respondent and noting the race film, the Adjudicative Committee assessed the breach as low end and adopted a $300 fine as being appropriate.

Penalty:

The Respondent was fined the sum of $300.