NZ Metro TC 19 March 2025 – R1 – Cheree Wigg

Summary of Facts:

Following the running of Race 1, the Respondent Amateur Driver, Cheree Wigg admitted a breach of Rule 869(3)(b); namely that when driving KRYSTAL DELIGHT she drove carelessly near the 1350m by shifting MY TEN GUITARS inwards without sufficient advantage, resulting in MY TEN GUITARS being checked.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Mr Williams, with the assistance of Stipendiary Steward Mr Renault, identified the horses involved in the incident namely, KRYSTAL DELIGHT, driven by Ms Wigg in a 3 wide position as the field approached the 1350m with MY TEN GUITARS, driven by Neil Munro, in a 2 wide position and on the inside of KRYSTAL DELIGHT.  Mr Renault showed that Ms Wigg, when without sufficient advantage, tried to shift MY TEN GUITARS, down the track, and when doing so, the wheel of KRYSTAL DELIGHT, made contact on at least 3 occasions with the rear off leg of MY TEN GUITARS.  As a result, he said, MY TEN GUITARS went rough and broke momentarily, before taking up the one off position on the pylons inside KRYSTAL DELIGHT.

Ms Wigg, in explanation, stated that she thought she had the advantage by a head on Mr Munro when starting to attempt to shift him in, but concurred that after viewing the films, it was clear she did not. She added that Mr Munro was shifting out on the track at the time of the incident, which she submitted aggravated the situation.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Williams produced the Respondent’s record, which indicated a clear record in regard to the Rule.  The Respondent, he said, has had 22 drives last season, with 5 drives so far this season.

The Stewards submitted that this breach was mid range, due to the consequences to MY TEN GUITARS.  He stated that the Penalty Guide provided a $500 fine or a 2 day suspension for an initial mid range breach of this Rule and submitted that a fine or suspension would suffice as penalty.

In mitigation, Mr Williams said that the Respondent freely admitted the breach and combined with her good driving record, could be afforded credit.

Ms Wigg submitted that she would prefer a fine in respect of penalty.

Reasons for Penalty:

The Adjudicative Committee determined that this breach was mid range, due to the consequential effects on MY TEN GUITARS.

The Penalty Guide provides a mid range penalty starting point of a 2 day suspension, or a $500 fine for an initial breach of this Rule.

This Adjudicative Committee determined that a fine was an appropriate penalty in this case.

There were no aggravating factors to consider, therefore no uplift of penalty was warranted.

The Respondent was given credit for her good record and frank admission of the breach, resulting in a $100 combined discount.

Therefore, a $400 was imposed.

Conclusion:

The Respondent, Ms  Wigg was fined the sum of $400.