Waikato BOP H 9 March 2023 – R1 – Cheree Wigg

ID: RIB17248

Respondent(s):
Cheree Wigg - Other (Amateur Driver)

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Hon J W Gendall KC

Persons Present:
Mr Mulcay, Ms Wigg

Information Number:
A16187

Decision Type:
Race Related Charge

Charge:
Careless Driving near 250m, contacted another's sulky wheel, which resulted in another breaking and losing ground/all chance

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
PIIKI WHARA

Code:
Harness

Race Date:
09/03/2023

Race Club:
Waikato BOP Harness Racing Inc

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

Race Number:
R1

Hearing Date:
09/03/2023

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Amateur Driver Cheree Wigg is fined $250

Evidence:

Following the running of Race 1, the “Night of Champions Hospitality Selling Fast Mobile Pace”, Mr Mulcay presented an Information charging Ms Cheree Wigg with careless driving in breach of Rule 869(3)(b).  He alleged that Ms Wigg, the Driver of “PIIKI WHARA”, was careless when she allowed her horse to contact the sulky wheel of “RAGING ON” (driven by Ms Sheryl Wigg) near the 250 metre mark which resulted in “PIIKI WHARA” (a well fancied horse) breaking and losing ground and all chance.

The race films illustrated that “PIIKI WHARA” was driven up to a challenging position out and in angling outside of “RAGING ON”, it’s front rear hoof came into contact with the outside wheel of the sulky of that horse, causing “PIIKI WHARA” to break and gallop out of contention.  “RAGING ON” was not inconvenienced and went on to win the race.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Mulcay advised that Ms Cheree Wigg had a good driving record as any Amateur Driver and the degree of carelessness was mid range.

Ms Wigg made no positive submissions as to penalty, other than to accept she had to face some sanction.

Reasons for Penalty:

Whilst the NZHR Penalty Guide refers to a 3 days suspension being appropriate for a first breach, this is applicable to Licensed Drivers who have frequent opportunities, whereas Amateur Drivers do not have the same privileges. The Adjudicative Committee agrees with the submissions of Mr Mulcay, that a fine with a starting point of $300 was preferable in this case.  Because of her good record, a mitigating discount of $50 is allowed.

Conclusion:

Accordingly, Ms Cheree Wigg is fined $250.

Decision Date: 09/03/2023

Publish Date: 14/03/2023