Gore HRC 18 February 2024 – R5 – Rory McIlwrick

Mr Munro alleged that in Race 5, Mr McIlwrick (IMPERIAL MAN) drove carelessly in that he shifted ground when not sufficiently clear passing the 150 metres checking an outside runner, DEM BONES DEM BONES (Mr M Williamson) which broke.

Miss Haley demonstrated the incident on the videos. She said the Respondent went for a gap that was never there and there was contact wheel to wheel with DEM BONES DEM BONES, which had begun to weaken. A further video angle later suggested there was contact between a leg of IMPERIAL MAN and Mr Williamson’s cart.

Mr Munro said there had been a marginal shift by the horse to the inside driven by Mr McCormick. Mr McIlwrick was not entitled to the run and had gone on to win the race.

Mr McIlwrick said he was keen to take the gap as his horse was running on strongly. He said the gap was developing but he realised he had gone a bit too soon. He said he was hoping to be able to push Mr McCormick down.

Decision

As Mr McIlwrick has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record which showed that Mr McIlwrick has had 2696 lifetime drives: 32 drives this season; and 210 the last. His record is clear in the past 12 months. Mr Munro referred to the breach as low end and noted the Respondent’s forthright admission of the breach and his excellent record.

Mr McIlwrick agreed with Mr Munro’s comments and stated he was in a position to pay a fine.

Reasons for Penalty

Mr McIlwrick has driven IMPERIAL MAN into a gap that was not there for both horse and cart. As Mr McIlwrick said, it was developing but he went too soon. The consequence was interference to a tiring DEM BONES DEM BONES which galloped.

The Penalty Guide provides a 2-day suspension or a $300 fine starting point for a first careless driving breach. Mitigating factors are that Mr McIlwrick has a very good record and has admitted the breach. An aggravating factor is that he went on to win the race. These factors are in balance and a penalty at the starting point is appropriate.

Conclusion

Mr McIlwrick is fined the sum of $300.