Archive Decision

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Forbury Park TC 30 March 2017 – R 4 – Chair, Prof G Hall

ID: JCA15201

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr M Williamson - Open Horseman

Information Number:
A8600

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Forbury Park TC - 30 March 2017

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2017/03/30

Race Number:
R 4

Decision:

Mr Williamson admitted the charge. The charge is proved.

Penalty:

After consideration is given to Mr Williamson’s admission of the breach and very good record for an extremely busy driver, we believe a fine of $300 is appropriate. Mr Williamson is reminded of his obligations to his fellow horsemen.

Facts:

Mr Tidmarsh alleged that Mr Williamson drove carelessly rounding the first bend in race 4, the Forbury Park Bistro Mobile Pace, by easing his horse, LIS AMORE, down the track and making contact with KEZZA’S LASS causing that horse to break.

Mr Tidmarsh demonstrated that the respondent had drawn 2. He began well and elected to restrain LIS AMORE and ease into a trailing position behind Mr Orange. In so doing he came into contact with Mr Ferguson who was racing on the pylons behind Mr Orange. Mr Ferguson was established on the pylons but was hunting his horse up to maintain his position. The incident was as the horses entered the bend and, as a consequence, there was a slight easing of the pace, which would not have helped Mr Williamson in his attempt to slot in behind Mr Orange.

Mr Tidmarsh said, when interviewed, Mr Ferguson was adamant there was contact and at the time he was hard up against the pylons. The result was that Mr Ferguson’s horse broke and went back through the field and locked wheels briefly with a trailing runner. The horse eventually settled near the rear of the field. He estimated KEZZA’S LASS lost 70 to 80 metres in the incident.

Mr Williamson said the reason KEZZA’S LASS had done so well in the race was that the field had “walked around and sprinted home”. He explained he was not aware Mr Ferguson was there until Mr Ferguson yelled and by then it was too late. He demonstrated on the video that he had looked before he moved across and had not seen Mr Ferguson at that time. He demonstrated that almost immediately after he had looked across Mr Ferguson had slapped KEZZA’S LASS up with the reins. He said the leading horse had eased off as well at this time.

Submissions for Penalty:

Mr Tidmarsh produced Mr Williamson’s record, which was very good with no breaches of this rule in the previous 12 months. Mr Williamson is a very busy South Island driver, with 658 drives last season and 443 to date this season. Mr Tidmarsh submitted a $300 fine was appropriate.

Mr Williamson did not disagree with this submission.

Reasons for Penalty:

The Penalty Guide starting point is a fine of $500 or 10 drives. Mr Tidmarsh has described the breach as being at the lower end, although we note that any move down to the pylons near the head of the field shortly after the start of the race and, in this case as the field was entering a bend, is fraught with danger as there is a risk of interference to trailing runners. This was what occurred on this occasion. There was contact with KEZZA’S LASS and that horse did remarkably well after breaking for a short distance, to finish on from the rear of the field for 6th. The starting point is a $500 fine, as in the JCA Penalty Guide. We do not alter the starting point having regard to the nature of the breach.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 75a49ad953fd48b84fb60133505c4af8


informantnumber: A8600


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 04/04/2017


hearing_title: Forbury Park TC 30 March 2017 - R 4 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh alleged that Mr Williamson drove carelessly rounding the first bend in race 4, the Forbury Park Bistro Mobile Pace, by easing his horse, LIS AMORE, down the track and making contact with KEZZA’S LASS causing that horse to break.

Mr Tidmarsh demonstrated that the respondent had drawn 2. He began well and elected to restrain LIS AMORE and ease into a trailing position behind Mr Orange. In so doing he came into contact with Mr Ferguson who was racing on the pylons behind Mr Orange. Mr Ferguson was established on the pylons but was hunting his horse up to maintain his position. The incident was as the horses entered the bend and, as a consequence, there was a slight easing of the pace, which would not have helped Mr Williamson in his attempt to slot in behind Mr Orange.

Mr Tidmarsh said, when interviewed, Mr Ferguson was adamant there was contact and at the time he was hard up against the pylons. The result was that Mr Ferguson’s horse broke and went back through the field and locked wheels briefly with a trailing runner. The horse eventually settled near the rear of the field. He estimated KEZZA’S LASS lost 70 to 80 metres in the incident.

Mr Williamson said the reason KEZZA’S LASS had done so well in the race was that the field had “walked around and sprinted home”. He explained he was not aware Mr Ferguson was there until Mr Ferguson yelled and by then it was too late. He demonstrated on the video that he had looked before he moved across and had not seen Mr Ferguson at that time. He demonstrated that almost immediately after he had looked across Mr Ferguson had slapped KEZZA’S LASS up with the reins. He said the leading horse had eased off as well at this time.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Williamson admitted the charge. The charge is proved.


sumissionsforpenalty:

Mr Tidmarsh produced Mr Williamson’s record, which was very good with no breaches of this rule in the previous 12 months. Mr Williamson is a very busy South Island driver, with 658 drives last season and 443 to date this season. Mr Tidmarsh submitted a $300 fine was appropriate.

Mr Williamson did not disagree with this submission.


reasonsforpenalty:

The Penalty Guide starting point is a fine of $500 or 10 drives. Mr Tidmarsh has described the breach as being at the lower end, although we note that any move down to the pylons near the head of the field shortly after the start of the race and, in this case as the field was entering a bend, is fraught with danger as there is a risk of interference to trailing runners. This was what occurred on this occasion. There was contact with KEZZA’S LASS and that horse did remarkably well after breaking for a short distance, to finish on from the rear of the field for 6th. The starting point is a $500 fine, as in the JCA Penalty Guide. We do not alter the starting point having regard to the nature of the breach.


penalty:

After consideration is given to Mr Williamson’s admission of the breach and very good record for an extremely busy driver, we believe a fine of $300 is appropriate. Mr Williamson is reminded of his obligations to his fellow horsemen.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr M Williamson - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 3bfc1c5cdc095214f2343288d4ab18bc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 91005c3c7fedd887417d49a273a607a5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/03/2017


meet_title: Forbury Park TC - 30 March 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Forbury Park TC