Banks Peninsula TC – 5 April 2009 – Race 7

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startdate: 05/04/2009

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hearing_title: Banks Peninsula TC - 5 April 2009 - Race 7

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Decision:

Following the running of Race 7, Tai Tapu Hotel Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr T M Williams, alleging a breach of Rule 869 (3) (b) in  that “Mr Williams drove carelessly when allowing BRIC A BRAC whom [sic] he was driving to strike the sulky of MATAI HUNTER causing his own horse to break”.

Following the running of Race 7, Tai Tapu Hotel Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Junior Driver, Mr T M Williams, alleging a breach of Rule 869 (3) (b) in  that “Mr Williams drove carelessly when allowing BRIC A BRAC whom [sic] he was driving to strike the sulky of MATAI HUNTER causing his own horse to break”.

Rule 869 provides as follows:

(3) No horseman shall in any race drive:-

      (b)  carelessly.

Mr Williams was present at the hearing of the information. When asked by the Committee, he indicated that he waived the right to be assisted by a senior horseman and, further, that he admitted the breach. The breach was found proved accordingly.

Mr N M Ydgren, Stipendiary Steward, on behalf of Mr Escott, showed a video replay of the incident. He pointed out Mr Williams improve into a gap and then a further gap opened up on the outside. Mr Williams then moved out on to the back of MATAI HUNTER (J R Dunn), struck the wheel of that runner and his horse broke. The Committee noted that the incident took place with approximately 900 metres to run.

Mr Williams explained that as he was coming out, the horse came out at “quite high speed”. He had attempted to take hold of the horse but it was racing greenly. The horse had thrown its head in the air, run in and struck the wheel of MATAI HUNTER and broke.

Mr Ydgren informed the Committee that Mr Williams had had three relevant breaches of the careless driving Rule on his record:

10 November 2008 at Addington – fined $400

26 November 2008 at Forbury Park – fined $200

16 December 2008 at Invercargill – fined $400.

Mr Ydgren submitted that, in view of Mr Williams’ record, the Committee should consider a term of suspension on this occasion. He recommended a 2-days’ suspension.

In determining penalty, the Committee took into account Mr Williams’ admission of the breach and his driving record which was not good (three previous breaches of the Rule in the past 5 months). However, in the Committee’s view, the degree of carelessness was at the lower end of the scale and no other runner was significantly affected.

Mr Williams had no submissions to make in relation to penalty.

Mr Williams’ Junior Driver’s licence was suspended from after the close of racing on 5 April up to and including Saturday, 11 April 2009 – effectively 2 days.

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.3.b

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raceid: f5cacb91081120cc92d3e1f572f5c447

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race_title: Race 7

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meetdate: 05/04/2009

meet_title: Banks Peninsula TC - 5 April 2009

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name: Banks Peninsula TC