Forbury Park TC 19 July 2018 – R 9 – Chair, Prof G Hall
ID: JCA18067
Meet Title:
Forbury Park TC - 19 July 2018
Meet Chair:
GHall
Race Date:
2018/07/19
Race Number:
R 9
Decision:
Mr Williamson has failed to maintain as straight a course as possible to the finish line and thus the charge is found to be proved.
Penalty:
Taking into account the circumstances of the breach, which include the wayward tendencies of KOTARE ELITE when the gear was activated but also Mr Williamson’s continuing to drive the horse out and his failure to make a concerted effort to straighten the horse, and that Mr Williamson, who is a very busy driver, has an excellent record not only under this rule but generally, the Committee imposes a fine of $300.
Facts:
Mr Renault alleged that Mr Williamson “allowed his drive KOTARE ELITE to shift up the track, failing to keep straight in the home straight”.
Rule 869(4) states:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Clause 7 of the Passing Lanes, False Rails And Home Straight Regulations states:
Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Mr Renault demonstrated that as the field exited the home bend for the last time Mr McIlwrick, who was in the trail behind the respondent moved to the outside of Mr Williamson to take a run rather than moving down into the passing lane. Mr Renault said that as Mr Williamson activated the gear KOTARE ELITE shifted wider on the track. He emphasised that KOTARE ELITE kept shifting wider and Mr Williamson had never stopped driving his horse out to the finish.
Submissions for Decision:
Mr Renault demonstrated that about 100 metres from the winning post Mr Williamson had taken the line of Mr McIlwrick who had to take hold of his horse. He said the Stewards’ concern was that Mr Williamson did not stop driving his horse which had shifted out some 3 or 4 horse widths. He said Mr Williamson had activated the plugs at the 200 metres and the blinds at the 100 metres. He accepted that on each occasion KOTARE ELITE had run out on Mr Williamson. But Mr Williamson had then continued to urge his horse rather than straighten it.
Mr McIlwrick gave evidence. He said that he had shifted to the outside of Mr Williamson to get a run. He explained he had not taken the passing lane run as his horse tended to hang out. The gap to Mr Williamson’s outside had closed about 100 metres out and he had taken hold and shifted down to the inside of the respondent. When questioned by Mr Renault, Mr McIlwrick said the movement was from Mr Williamson to his inside. He said prior to this time his horse was not going quicker than Mr Williamson’s and he had not been blocked for a run. He said he had yelled but this was after he had had to take hold. He agreed that Mr Renault’s assessment that Mr Williamson had come out 3 or 4 horse widths was accurate.
When questioned by Mr Williamson, Mr McIlwrick said the initial movement from KOTARE ELITE was sharp but was not as abrupt as the second outwards movement. He could not say whether or not it had cost him 3rd placing. He confirmed there was outwards movement from Mr Williamson early in the straight and that the respondent had held his line for a time. He reiterated his horse was going okay and Mr Williamson’s movement did not help. That said, he had had a good trip, and Mr M Williamson (who came down the track to the outside of Mr McIlwrick) should not have been able to hold him in.
Mr Renault ended his case by stating Mr Williamson had driven his horse out the whole time. KOTARE ELITE had continued to shift out wider on the track whilst under a drive from Mr Williamson, who had failed to maintain as straight a course as possible. Mr Williamson should have made more effort to straighten KOTARE ELITE.
Mr Williamson admitted that KOTARE ELITE had run out. He believed it was 2 to 3 horse widths, closer perhaps to 3. He agreed that Mr McIlwrick had been checked. He emphasised he had not wanted to shift outwards and that KOTARE ELITE was hanging badly and was on the left rein. He said the horse was tiring and each time he activated the gear the horse had shifted out. He believed had he not activated the gear, he would still be before the Committee, but facing a different charge.
Mr Williamson said he was clear of the field when he activated the removable hood. KOTARE ELITE ducked out sharply. He believed after this initial movement KOTARE ELITE had run straight for 50 metres. He was trying to keep the horse straight. When he activated the pull-down blinds KOTARE ELITE had ducked out quickly. He accepts he interfered with Mr McIlwrick but noted Mr McIlwrick could not say whether it had cost him a better finishing position. He said KOTARE ELITE’s racing manners were not perfect and he could not have anticipated that the horse was going to shift when he activated the gear. He believed the most movement was when he first activated the gear. He thought it was 2 cart widths. He thought the second activation would keep the horse straight. He emphasised that he believed he had taken all reasonable measures to keep the horse straight. He accepted he had kept urging his horse but believed had he yanked harder on the left rein the horse would have come out “worse”.
The last bit of the race, Mr Williamson said, was a fighting finish and he had come out half a cart width due to pulling the blinds. He believed it was only in the last 2 strides that he had let KOTARE ELITE come out in order to ensure its head was straight on the line. He had done everything in his power to keep KOTARE ELITE straight right up to the last stride. There were 2 abrupt movements, and, yes, he had driven KOTARE ELITE out, but he believed that this was in the best interest to keep the horse straight. The blame was on the horse not him. The horse was extremely difficult to drive and had not raced in pull down blinds before. It had raced just with blinds on. He believed after each abrupt outwards movement, he had kept the horse in a straight line until the last 2 strides.
Mr Renault summed up by stating the respondent had not done anything to straighten his horse. He had simply continued to drive KOTARE ELITE out. He should have stopped driving the horse. He disputed Mr Williamson assertion that KOTARE ELITE had not shifted after each abrupt movement. He believed the horse kept shifting out. And there was definitely some movement within the last 100 metres.
Mr Williamson replied that KOTARE ELITE had shifted out abruptly twice and he had not shifted ground further in the last 100 metres except when he was right on the line. He said he was checking his horse every stride so he was never fully driving it out.
Reasons for Decision:
The Committee is satisfied that the two times KOTARE ELITE has shifted out abruptly are as Mr Williamson goes to activate the gear and immediately after he does so. On each occasion Mr Williamson has continued to drive KOTARE ELITE out to the finish of the race. There is no discernible effort by Mr Williamson to straighten the horse. The outwards movement after the initial shift when the gear is activated is not great but the horse is still shifting out, nevertheless, and the horse only straightens momentarily when Mr Williamson appears briefly to place pressure on the left hand rein. At the time the gear is activated a second time, KOTARE ELITE clearly shifts out with Mr McIlwrick having to take a hold and move to Mr Williamson’s inside to obtain a run.
Significantly, KOTARE ELITE has clearly shifted out on the track when being driven out from this point in the race to the finish. It is accepted that the main point of interference to Mr McIlwrick is as at the time of the second abrupt shift, but whether or not the respondent is hindering another runner, his obligation is to maintain a straight course to the finish. He does not do so. Mr Renault’s estimate that KOTARE ELITE has shifted some 3 to 4 horse widths from when the horse straightened on entering the straight for the run to the winning post is accurate.
Submissions for Penalty:
Mr Renault produced the respondent’s record. He has had 403 drives this season and 404 last season. His record is clear under this rule for the past 12 months. Mr Renault submitted that a fine of $300 or 6 drives was appropriate where the breach was one of being likely to cause interference. He supported this submission by referring to a recent penalty of $300 that had been imposed on a junior driver, Mr M Anderson, in such circumstances. As Mr Williamson’s actions had caused interference to Mr McIlwrick, he believed a fine of $500 was appropriate in this instance.
Mr Williamson disputed the fact that Mr McIlwrick would have run third. He emphasised that Mr McIlwrick had acknowledged this when giving evidence. He accepted he had shifted outwards on the track abruptly at this time and caused interference to Mr McIlwrick but still believed he had not shifted out after this time. Any movement at that point in the race had not interfered with Mr McIlwrick and therefore a fine of $300 was appropriate.
Reasons for Penalty:
It is evident that while the outwards shift of KOTARE ELITE as the horse progressed down the home straight has inconvenienced Mr McIlwrick, it was the second abrupt movement that was the principal cause of the interference he received. This movement was due to the horse responding adversely to the activation of the blinds. Mr Williamson has then continued to shift outwards but at this time Mr McIlwrick has gone to the inside of KOTARE ELITE looking for a run. Thus, there was no further interference to Mr McIlwrick through the respondent’s actions at this time.
JCA Decision Fields (raw)
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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: e97b4ca48ff86244efd9587892bed914
informantnumber: A10447
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interference
plea: denied
penaltyrequired: 1
decisiondate: 22/07/2018
hearing_title: Forbury Park TC 19 July 2018 - R 9 - Chair, Prof G Hall
charge:
facts:
Mr Renault alleged that Mr Williamson “allowed his drive KOTARE ELITE to shift up the track, failing to keep straight in the home straight”.
Rule 869(4) states:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Clause 7 of the Passing Lanes, False Rails And Home Straight Regulations states:
Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Mr Renault demonstrated that as the field exited the home bend for the last time Mr McIlwrick, who was in the trail behind the respondent moved to the outside of Mr Williamson to take a run rather than moving down into the passing lane. Mr Renault said that as Mr Williamson activated the gear KOTARE ELITE shifted wider on the track. He emphasised that KOTARE ELITE kept shifting wider and Mr Williamson had never stopped driving his horse out to the finish.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault demonstrated that about 100 metres from the winning post Mr Williamson had taken the line of Mr McIlwrick who had to take hold of his horse. He said the Stewards’ concern was that Mr Williamson did not stop driving his horse which had shifted out some 3 or 4 horse widths. He said Mr Williamson had activated the plugs at the 200 metres and the blinds at the 100 metres. He accepted that on each occasion KOTARE ELITE had run out on Mr Williamson. But Mr Williamson had then continued to urge his horse rather than straighten it.
Mr McIlwrick gave evidence. He said that he had shifted to the outside of Mr Williamson to get a run. He explained he had not taken the passing lane run as his horse tended to hang out. The gap to Mr Williamson’s outside had closed about 100 metres out and he had taken hold and shifted down to the inside of the respondent. When questioned by Mr Renault, Mr McIlwrick said the movement was from Mr Williamson to his inside. He said prior to this time his horse was not going quicker than Mr Williamson’s and he had not been blocked for a run. He said he had yelled but this was after he had had to take hold. He agreed that Mr Renault’s assessment that Mr Williamson had come out 3 or 4 horse widths was accurate.
When questioned by Mr Williamson, Mr McIlwrick said the initial movement from KOTARE ELITE was sharp but was not as abrupt as the second outwards movement. He could not say whether or not it had cost him 3rd placing. He confirmed there was outwards movement from Mr Williamson early in the straight and that the respondent had held his line for a time. He reiterated his horse was going okay and Mr Williamson’s movement did not help. That said, he had had a good trip, and Mr M Williamson (who came down the track to the outside of Mr McIlwrick) should not have been able to hold him in.
Mr Renault ended his case by stating Mr Williamson had driven his horse out the whole time. KOTARE ELITE had continued to shift out wider on the track whilst under a drive from Mr Williamson, who had failed to maintain as straight a course as possible. Mr Williamson should have made more effort to straighten KOTARE ELITE.
Mr Williamson admitted that KOTARE ELITE had run out. He believed it was 2 to 3 horse widths, closer perhaps to 3. He agreed that Mr McIlwrick had been checked. He emphasised he had not wanted to shift outwards and that KOTARE ELITE was hanging badly and was on the left rein. He said the horse was tiring and each time he activated the gear the horse had shifted out. He believed had he not activated the gear, he would still be before the Committee, but facing a different charge.
Mr Williamson said he was clear of the field when he activated the removable hood. KOTARE ELITE ducked out sharply. He believed after this initial movement KOTARE ELITE had run straight for 50 metres. He was trying to keep the horse straight. When he activated the pull-down blinds KOTARE ELITE had ducked out quickly. He accepts he interfered with Mr McIlwrick but noted Mr McIlwrick could not say whether it had cost him a better finishing position. He said KOTARE ELITE’s racing manners were not perfect and he could not have anticipated that the horse was going to shift when he activated the gear. He believed the most movement was when he first activated the gear. He thought it was 2 cart widths. He thought the second activation would keep the horse straight. He emphasised that he believed he had taken all reasonable measures to keep the horse straight. He accepted he had kept urging his horse but believed had he yanked harder on the left rein the horse would have come out “worse”.
The last bit of the race, Mr Williamson said, was a fighting finish and he had come out half a cart width due to pulling the blinds. He believed it was only in the last 2 strides that he had let KOTARE ELITE come out in order to ensure its head was straight on the line. He had done everything in his power to keep KOTARE ELITE straight right up to the last stride. There were 2 abrupt movements, and, yes, he had driven KOTARE ELITE out, but he believed that this was in the best interest to keep the horse straight. The blame was on the horse not him. The horse was extremely difficult to drive and had not raced in pull down blinds before. It had raced just with blinds on. He believed after each abrupt outwards movement, he had kept the horse in a straight line until the last 2 strides.
Mr Renault summed up by stating the respondent had not done anything to straighten his horse. He had simply continued to drive KOTARE ELITE out. He should have stopped driving the horse. He disputed Mr Williamson assertion that KOTARE ELITE had not shifted after each abrupt movement. He believed the horse kept shifting out. And there was definitely some movement within the last 100 metres.
Mr Williamson replied that KOTARE ELITE had shifted out abruptly twice and he had not shifted ground further in the last 100 metres except when he was right on the line. He said he was checking his horse every stride so he was never fully driving it out.
reasonsfordecision:
The Committee is satisfied that the two times KOTARE ELITE has shifted out abruptly are as Mr Williamson goes to activate the gear and immediately after he does so. On each occasion Mr Williamson has continued to drive KOTARE ELITE out to the finish of the race. There is no discernible effort by Mr Williamson to straighten the horse. The outwards movement after the initial shift when the gear is activated is not great but the horse is still shifting out, nevertheless, and the horse only straightens momentarily when Mr Williamson appears briefly to place pressure on the left hand rein. At the time the gear is activated a second time, KOTARE ELITE clearly shifts out with Mr McIlwrick having to take a hold and move to Mr Williamson’s inside to obtain a run.
Significantly, KOTARE ELITE has clearly shifted out on the track when being driven out from this point in the race to the finish. It is accepted that the main point of interference to Mr McIlwrick is as at the time of the second abrupt shift, but whether or not the respondent is hindering another runner, his obligation is to maintain a straight course to the finish. He does not do so. Mr Renault’s estimate that KOTARE ELITE has shifted some 3 to 4 horse widths from when the horse straightened on entering the straight for the run to the winning post is accurate.
Decision:
Mr Williamson has failed to maintain as straight a course as possible to the finish line and thus the charge is found to be proved.
sumissionsforpenalty:
Mr Renault produced the respondent’s record. He has had 403 drives this season and 404 last season. His record is clear under this rule for the past 12 months. Mr Renault submitted that a fine of $300 or 6 drives was appropriate where the breach was one of being likely to cause interference. He supported this submission by referring to a recent penalty of $300 that had been imposed on a junior driver, Mr M Anderson, in such circumstances. As Mr Williamson’s actions had caused interference to Mr McIlwrick, he believed a fine of $500 was appropriate in this instance.
Mr Williamson disputed the fact that Mr McIlwrick would have run third. He emphasised that Mr McIlwrick had acknowledged this when giving evidence. He accepted he had shifted outwards on the track abruptly at this time and caused interference to Mr McIlwrick but still believed he had not shifted out after this time. Any movement at that point in the race had not interfered with Mr McIlwrick and therefore a fine of $300 was appropriate.
reasonsforpenalty:
It is evident that while the outwards shift of KOTARE ELITE as the horse progressed down the home straight has inconvenienced Mr McIlwrick, it was the second abrupt movement that was the principal cause of the interference he received. This movement was due to the horse responding adversely to the activation of the blinds. Mr Williamson has then continued to shift outwards but at this time Mr McIlwrick has gone to the inside of KOTARE ELITE looking for a run. Thus, there was no further interference to Mr McIlwrick through the respondent’s actions at this time.
penalty:
Taking into account the circumstances of the breach, which include the wayward tendencies of KOTARE ELITE when the gear was activated but also Mr Williamson’s continuing to drive the horse out and his failure to make a concerted effort to straighten the horse, and that Mr Williamson, who is a very busy driver, has an excellent record not only under this rule but generally, the Committee imposes a fine of $300.
hearing_type: Hearing
Rules: 869(4), Passing Lanes, False Rails and Home Straight Regulations, cl7
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr N Williamson - Open Horseman
Otherperson: Mr R McIlwrick - Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 6e33332c510ed1d85ccbf3d8cc358a04
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race_title: R 9
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meetdate: 19/07/2018
meet_title: Forbury Park TC - 19 July 2018
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meet_chair: GHall
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name: Forbury Park TC