Appeal – D Williamson

hearingid: e45e33fb6e98e4674b54364b94fee94c

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Appeal - D Williamson

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

On 25 March 2007 at the Methven Trotting Club meeting Mr Douglas Williamson, the appellant,  was charged under Rule 869(3)(b) with careless driving. The Judicial Committee found the charge proved in respect of his drive behind MAYBE MEANS NO and the appellant was fined $200.00. The appellant appeals against the finding.

On 25 March 2007 at the Methven Trotting Club meeting the appellant was charged under Rule 869(3)(b) with careless driving. The Judicial Committee found the charge proved in respect of his drive behind MAYBE MEANS NO and the appellant was fined $200.00. The appellant appeals against the finding.

The appeal hearing was set for 1.30 pm on 16 April 2007 but the appellant was not present. Attempts were made to contact the appellant on that day but these were unsuccessful. We resolved to hear the appeal pursuant to Rule 1205(4), which we did and reserved our decision. Before that decision was delivered we became aware that the appellant may not have been aware of the hearing date and wished to prosecute his appeal. The appeal was then heard on 27 April 2007.

We have read the transcript and we viewed the video tapes of the race and heard from the appellant and from Mr McIntyre for the respondent.

We are satisfied from the transcript, the oral evidence, and the video tapes that the appellant, who was racing with his horse in a two out position on the home turn, moved outwards and came into contact with LADY FERN driven by Mr Nathan Williamson. Although LADY FERN was pacing roughly at the time, we find it was the appellant's action that caused that horse to break.

The appellant correctly contends that at the stage of the race just before the alleged careless driving occurred he was entitled to move out. He pointed to Rule 869(7) which provides for this, but as the Tribunal pointed out and the appellant acknowledged, this is subject to the enjoinder that the move is done "with safety". He did not dispute that his action may have interfered with LADY FERN but contended that he was entitled to put outwards pressure on that horse.

We do not accept the appellant's assertion that Mr May's horse had any involvement in the incident and are satisfied the appellant's horse was not subject to outwards pressure from inside runners. Nor do we accept that the horse driven by Mr Chmiel which was outside and ahead of LADY FERN had any direct involvement in causing LADY FERN to break. We are satisfied that the appellant's outwards movement was ultimately not done with the requisite safety. It was not a slow and gradual movement but a relatively swift one which resulted in contact between the two sulky shafts and also then resulted in LADY FERN's front leg striking the appellant's sulky wheel as he continued to move further outwards and ahead. This in turn caused the horse to break.

We have reached the same conclusion as the Judicial Committee in finding that the appellant did drive carelessly. From the evidence we have considered we have no reason to differ from the Judicial Committee in its findings of credibility and fact.

We also find that the appellant drove carelessly on this occasion and the appeal is dismissed. The penalty of a fine of $200.00 of course still stands.

The respondent seeks costs. We do not consider that the appellant should pay costs for the first hearing. In our opinion, the appellant should pay some costs to the respondent and also to the JCA which had to incur airfares for one member and also had to incur hearing fees. We fix costs against the appellant for the respondent in the sum of $250.00 and for the JCA $700.00.

J S Bisphan

Chairman

11 May 2007

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.3.b, 1205.4, 869.7

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: