NZ Metro TC 28 July 2022 – R1 – Cheree Wigg

ID: RIB10151

Respondent(s):
Cheree Wigg - Driver

Applicant:
Mr S Renault - Stipendiary Steward

Adjudicators:
Dave Anderson

Persons Present:
Mr S Renault and Mr Williams - Stipendiary Stewards, Ms Wigg and Mr Johnny Cox - Senior Driver assisting Ms Wigg

Information Number:
A17074

Decision Type:
Race Related Charge

Charge:
Driver C Wigg shifted out passing the 1600m forcing MOODY RIVER (B Wilmott) wider on the track

Rule(s):
869(4) - Riding/driving infringement - Push Out Rule, 869(6)(b)(c) - Riding/driving infringement

Plea:
Not Admitted

Animal Name:
VALYNDA

Code:
Harness

Race Date:
28/07/2022

Race Club:
NZ Metropolitan Trotting Club Inc

Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Race Number:
R1

Hearing Date:
28/07/2022

Hearing Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Outcome: Not Proved

Penalty: N/A

 Summary of Facts:

Following the running of Race 1, an Information was filed by Stipendiary Steward Mr Shane Renault alleging the Respondent Ms C Wigg breached Rule 869(6)(c) in that she forced MOODY RIVER wider on the track passing the 1600m.

The ‘Pushout Rule’ (r869) provides that:

(6) Subject to sub-rule (4) hereof:

(a) drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position; (b) a horse making a forward movement during any race shall not be forced to race wider on the track; (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

The Respondent denied the breach and endorsed the Information accordingly. Ms Wigg was assisted at the hearing by Senior Driver Mr J Cox.

Evidence:

Stipendiary Steward Mr Renault used the available race films to demonstrate the alleged breach. He identified Ms Wigg racing 3 back on the markers and Mr Wilmott (MOODY RIVER) a very loose 1×1 position approaching the 1600m. He pointed to the position of MOODY RIVER’s head in relation to Ms Wigg’s helmet which he contended was always covered in the alleged manouvre. He said Ms Wigg has shifted out into the running line forcing MOODY RIVER to race 3 wide for a short distance.

Mr Renault called the Driver of MOODY RIVER Mr Blair Wilmott to give evidence. Mr Wilmott was asked to describe what had happened and he stated it felt as though he was pushed out. He said looking at the replay it was touch and go but he had yelled out as Ms Wigg shifted her horse.

Ms Wigg had no questions for Mr Wilmott.

Mr Cox asked Mr Wilmott did he have to steer away from Ms Wigg as she came out to which he replied ” I didn’t have to take hold, steer or grab my horse.”

In summary, Mr Renault stated the head-on and side-on films clearly show the alleged breach but as is usually the case not all the video angles are conclusive. He said Mr Wilmott has been forced to a 3 wide position momentarily by Ms Wigg which she was not entitled to do.

In response, the Respondent stated Mr Wilmott was not entitled to the 1×1 position because he was never in it. She said Mr Wilmott made no reaction to check his horse or steer it. Ms Wigg alluded to two of the video angles which she said reinforced her opinion there was enough room for her to shift her horse out into the running line.

Mr Cox stated it was marginal to describe the incident as a pushout. He said Mr Wilmott hasn’t had to steer off Ms Wigg’s wheel and it wasn’t a clear pushout.

Reasons for Decision:

The Adjudicative Committee carefully considered all the evidence and viewed the available videos several times. Mr Renault has stated the obvious which is that Ms Wigg has shifted her horse away from the inside and into the running line and he halted the film to demonstrate the juncture of Mr Wilmott being 3 wide.

Mr Wilmott’s description of the incident was unusual in that he stated several times under questioning that it” felt ” like a pushout. One would expect a Driver in his position to see any alleged pushout. It does appear to the Adjudicative Committee on observing the lack of any reaction from the manouvre of Ms Wigg by Mr Wilmott, that MOODY RIVER has reacted by itself and shifted away from the movement of VALYNDA.

Ms Wigg and Mr Cox have both identified the camera from behind the runners and from up the track which seems to show there was ample room. At no stage prior to or during the incident has Mr Wilmott shown any attempt to fill the 1×1 position. Mr Wilmott has found himself out 3 wide for a few strides and has simply slotted back onto Ms Wigg’s back.

The Adjudicative Committee, in considering all factors and submissions and with regard for the smallest of margins, in this case, is prepared to give Ms Wigg the benefit of doubt and dismiss the charge.

Decision:

The charge is dismissed.

Decision Date: 28/07/2022

Publish Date: 01/08/2022