Waikato BOP H 23 September 2021- R4 (heard 14 October 2021 at Cambridge) – Nicky Chilcott

ID: RIB5294

Respondent(s):
Nicky Chilcott - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr A Godsalve

Persons Present:
Mr Mulcay, Ms Chilcott

Information Number:
A16260

Decision Type:
Adjudicative Decision

Charge:
Careless Driving

Rule(s):
869(3)(b)

Plea:
Admitted

Animal Name:
SCOTTISH POACHER

Code:
Harness

Race Date:
23/09/2021

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R4

Hearing Date:
14/10/2021

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Driver Nicky Chilcott fined $250

SUMMARY OF FACTS:

Mr Mulcay submitted an Information alleging that Ms Chilcott, driving SCOTTISH POACHER drove carelessly entering the first turn resulting in interference to FOMO (Mr D Butcher) which paced roughly as a result.

Ms Chilcott initially denied the breach and the matter was heard on 14 October 2021 when she admitted the charge.

EVIDENCE:

Using the film Mr Mulcay identified SCOTTISH POACHER after the start as the field entered the first turn out of the straight. SCOTTISH POACHER was at the rear with FOMO inside it. On the film it is apparent that Ms Chilcott angled her drive inwards towards the pegs, and in doing so caused Mr Butcher to restrain FOMO.

Ms Chilcott said that she agreed that she had angled inwards too quickly and caused slight interference to FOMO.

REASON FOR DECISION:

As the breach is admitted the charge is proved.

SUBMISSION FOR PENALTY:

Mr Mulcay said the interference was relatively minor and did not cause FOMO to lose much ground. He said he believed the matter could be dealt with by way of a fine.

REASON FOR PENALTY:

The Guidelines provide a starting point of a 10 drive suspension or a $500 fine. The interference was minor, Ms Chilcott does not have any prior breaches of this Rule and the Committee considered a fine to be appropriate.

CONCLUSIONS:

Ms Chilcott was fined $250.

Decision Date: 14/10/2021

Publish Date: 18/10/2021