Forbury Park TC 29 March 2018 – R 9 – Chair, Prof G Hall
ID: JCA15538
Meet Title:
Forbury Park TC - 29 March 2018
Meet Chair:
GHall
Race Date:
2018/03/29
Race Number:
R 9
Decision:
The charge is thus proved.
Penalty:
Mr Williamson is fined the sum of $300.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Williamson in race 9, the WEDNESDAY IS '2 FOR 1 SCHNITZEL NIGHT' MOBILE PACE, was careless by driving his horse into a run that was not fully presented.
Submissions for Decision:
Mr Wallis demonstrated on the videos that Mr Barclay was the lead runner into the home straight. Mr Williamson was racing back on the markers. For the first 50 metres of the final 200 metres Mr Williamson went over marker pegs and his horse galloped.
Mr Tidmarsh stated that Mr Barclay had shifted into the passing lane, when his obligation was to stay out. The reason for the charge against Mr Williamson was that there was never sufficient room for Mr Williamson but he had continued to drive his horse forward and had improved into the marker line. He agreed that Mr Williamson was entitled to the passing lane run, however, he emphasised that Mr Barclay had taken that run. As a consequence, Mr Williamson had driven into a run that was not there. Mr Barclay was giving ground and there was no run to his inside for horse or sulky.
When questioned by the Committee, Mr Tidmarsh said Mr Barclay was the lead runner into the straight and he had been spoken to about his drive.
Mr Williamson in his defence said Mr Barclay should have stayed out of the passing lane. He had been yelling at him the whole time to get out. He had kept driving his horse forward because he had been expecting Mr Barclay to get out of the road. He said it had become too tight. He would have hit either Mr Barclay’s wheel or the pylon. He said if he had not gone in looking for a run, and had checked his horse, he would have been out of the race anyway. He would have pulled back and then got a run too late.
Mr Williamson emphasised he was anticipating a run and Mr Barclay had never moved out of his road in time. He had been yelling for 20 to 30 metres. He believed Mr Barclay had had room to shift out, despite there being horses to his outside.
Mr Tidmarsh summed up by stating it was not disputed that Mr Barclay had shifted into the passing lane and that the respondent was entitled to the passing lane run. However, Mr Williamson had “thrown caution to the wind” as there was never room for him, his horse and his cart. He had anticipated there would be room but that had not eventuated.
Mr Williamson said the stake was $5000. (It is noted that it was in fact $7000.) He wanted to get some of it and had not thrown “caution to the wind”.
Reasons for Decision:
Mr Williamson has found himself in difficult circumstances and, as a consequence, it is understandable to have some sympathy for him. The passing lane run was rightly his, as Mr Barclay was in breach of the Passing Lanes, False Rails and Home Straight Regulations. He has shifted into the passing lane and taken Mr Williamson’s run. However, that does not entitle Mr Williamson to attempt to force a run when there was never a run there for him. There was simply insufficient room to the inside of Mr Barclay to obtain a run without going over the marker pegs. This is what occurred; there was room for the head of Mr Williamson’s horse, at best.
Mr Williamson has driven his horse forward, made contact with the pegs, and, as a consequence, his horse EARTHBOUND has galloped and lost its chance in the race. It is accepted that Mr Williamson anticipated that he would get a run, should Mr Barclay shift out. Mr Barclay never did before Mr Williamson drove over the pegs.
The Committee is satisfied that in trying to take a passing lane run because he was entitled to that run in the full knowledge that Mr Barclay was there in breach of the Passing Lane Regulations, has resulted in Mr Williamson attempting to take a run to the inside of Mr Barclay, which was simply never there. In so doing, Mr Williamson has driven carelessly.
Submissions for Penalty:
Mr Tidmarsh produced Mr Williamson’s record. This evidenced that the respondent is a busy driver with 615 drives this season and 736 the season before. He has had 915 drives since his last breach of this rule. He submitted a fine of $350 was appropriate, as EARTHBOUND had lost its chance and had galloped.
Reasons for Penalty:
The starting point in the JCA Penalty Guide is a fine of $500 or 10 drives. A fine is appropriate on this occasion. Mr Williamson is perhaps correct in his assessment that had he taken hold of his horse when the passing lane was not available, his opportunity to finishing in a dividend bearing position would have been extinguished. Thus, the fact that EARTHBOUND galloped has less significance than is usual where a driver’s actions have resulted in his horse breaking at such a critical stage in the race. When regard is had to the unusual circumstances of the breach, a starting point of $400 is appropriate. Mr Williamson’s record is excellent and this merits a $100 deduction.
JCA Decision Fields (raw)
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hearingid: af9ce84d9485dd7456c8e9ad76ae7733
informantnumber: A10438
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 03/04/2018
hearing_title: Forbury Park TC 29 March 2018 - R 9 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Williamson in race 9, the WEDNESDAY IS '2 FOR 1 SCHNITZEL NIGHT' MOBILE PACE, was careless by driving his horse into a run that was not fully presented.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis demonstrated on the videos that Mr Barclay was the lead runner into the home straight. Mr Williamson was racing back on the markers. For the first 50 metres of the final 200 metres Mr Williamson went over marker pegs and his horse galloped.
Mr Tidmarsh stated that Mr Barclay had shifted into the passing lane, when his obligation was to stay out. The reason for the charge against Mr Williamson was that there was never sufficient room for Mr Williamson but he had continued to drive his horse forward and had improved into the marker line. He agreed that Mr Williamson was entitled to the passing lane run, however, he emphasised that Mr Barclay had taken that run. As a consequence, Mr Williamson had driven into a run that was not there. Mr Barclay was giving ground and there was no run to his inside for horse or sulky.
When questioned by the Committee, Mr Tidmarsh said Mr Barclay was the lead runner into the straight and he had been spoken to about his drive.
Mr Williamson in his defence said Mr Barclay should have stayed out of the passing lane. He had been yelling at him the whole time to get out. He had kept driving his horse forward because he had been expecting Mr Barclay to get out of the road. He said it had become too tight. He would have hit either Mr Barclay’s wheel or the pylon. He said if he had not gone in looking for a run, and had checked his horse, he would have been out of the race anyway. He would have pulled back and then got a run too late.
Mr Williamson emphasised he was anticipating a run and Mr Barclay had never moved out of his road in time. He had been yelling for 20 to 30 metres. He believed Mr Barclay had had room to shift out, despite there being horses to his outside.
Mr Tidmarsh summed up by stating it was not disputed that Mr Barclay had shifted into the passing lane and that the respondent was entitled to the passing lane run. However, Mr Williamson had “thrown caution to the wind” as there was never room for him, his horse and his cart. He had anticipated there would be room but that had not eventuated.
Mr Williamson said the stake was $5000. (It is noted that it was in fact $7000.) He wanted to get some of it and had not thrown “caution to the wind”.
reasonsfordecision:
Mr Williamson has found himself in difficult circumstances and, as a consequence, it is understandable to have some sympathy for him. The passing lane run was rightly his, as Mr Barclay was in breach of the Passing Lanes, False Rails and Home Straight Regulations. He has shifted into the passing lane and taken Mr Williamson’s run. However, that does not entitle Mr Williamson to attempt to force a run when there was never a run there for him. There was simply insufficient room to the inside of Mr Barclay to obtain a run without going over the marker pegs. This is what occurred; there was room for the head of Mr Williamson’s horse, at best.
Mr Williamson has driven his horse forward, made contact with the pegs, and, as a consequence, his horse EARTHBOUND has galloped and lost its chance in the race. It is accepted that Mr Williamson anticipated that he would get a run, should Mr Barclay shift out. Mr Barclay never did before Mr Williamson drove over the pegs.
The Committee is satisfied that in trying to take a passing lane run because he was entitled to that run in the full knowledge that Mr Barclay was there in breach of the Passing Lane Regulations, has resulted in Mr Williamson attempting to take a run to the inside of Mr Barclay, which was simply never there. In so doing, Mr Williamson has driven carelessly.
Decision:
The charge is thus proved.
sumissionsforpenalty:
Mr Tidmarsh produced Mr Williamson’s record. This evidenced that the respondent is a busy driver with 615 drives this season and 736 the season before. He has had 915 drives since his last breach of this rule. He submitted a fine of $350 was appropriate, as EARTHBOUND had lost its chance and had galloped.
reasonsforpenalty:
The starting point in the JCA Penalty Guide is a fine of $500 or 10 drives. A fine is appropriate on this occasion. Mr Williamson is perhaps correct in his assessment that had he taken hold of his horse when the passing lane was not available, his opportunity to finishing in a dividend bearing position would have been extinguished. Thus, the fact that EARTHBOUND galloped has less significance than is usual where a driver’s actions have resulted in his horse breaking at such a critical stage in the race. When regard is had to the unusual circumstances of the breach, a starting point of $400 is appropriate. Mr Williamson’s record is excellent and this merits a $100 deduction.
penalty:
Mr Williamson is fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr M Williamson - Driver
Otherperson: Mr S Wallis - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 72eb418d5eb24abe04dd19c2aa7fe70b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: 3f267e7b3575cab6dd436c9cabac27a2
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/03/2018
meet_title: Forbury Park TC - 29 March 2018
meet_expappcomment:
meet_km:
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tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC