Forbury Park TC 3 March 2016 – R 5 – Chair, Prof G Hall
ID: JCA13537
Meet Title:
Forbury Park TC - 3 March 2016
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2016/03/03
Race Number:
R 5
Decision:
We believe the respondent’s outwards movement was not made with safety and consequently we find the charge of careless driving proved.
Penalty:
Balancing all these factors, but giving significant weight to the respondent’s record, we impose a fine of $200. We remind the respondent of his responsibilities under the Rules of Harness Racing and emphasise the fact he will not be able to receive a similar discount for his record should he again be in breach of this rule.
Facts:
Mr Ydgren alleged that in race 5, Mr Williamson was careless in that he allowed HEARD THE WHISPER to strike the sulky wheel of ELTSUNAMI (B Orange) with 1100 metres to run.
Submissions for Decision:
Mr Davidson, Stipendiary Steward, demonstrated on the side-on videos that the respondent near the 1100 metre mark shifted out wider on the track and in so doing the near side front leg of HEARD THE WHISPER came in contact with the wheel of ELTSUNAMI. The contact was not clear on the side-on video although Mr Orange could be seen to immediately look down at his wheel after the outwards movement from Mr Williamson.
After an adjournment the Committee requested to see other videos of the incident. The back straight video demonstrated that HEARD THE WHISPER was racing close behind ELTSUNAMI when Mr Williamson came out.
Mr N Williamson spoke in defence of Mr B Williamson. He said HEARD THE WHISPER had a history or racing keenly and that the respondent was doing his best to restrain the horse. He said there had been a slackening of the pace prior to the respondent coming out and that HEARD THE WHISPER had commenced to race keenly because FEATHER BOYZ had moved forward to the horse’s outside. He acknowledged HEARD THE WHISPER’s inside leg had touched the wheel of Mr Orange. It was the lightest of touches and he believed ELTSUNAMI’s chances were not affected as that horse broke free of interference later in the race.
Mr B Williamson said he believed HEARD THE WHISPER was racing so keenly that had he not come out he would have run up the backside of Mr Orange. He said Mr Ferguson had had eased the pace substantially and he had no option other than to come out. Mr J Dunn moving up on his outside had not helped. He would not have come out had Mr Dunn not moved up. He emphasised HEARD THE WHISPER was inexperienced.
Mr B Williamson said there had been half carting earlier in the race and this had not help settle HEARD THE WHISPER as it was putting HEARD THE WHISPER on the wheel of the horse it was following. He pointed out how HEARD THE WHISPER had raced very keenly at the same point on the track a round previously and said the horse was racing more and more keenly. He believed he had had a hold on the horse throughout the race. He was trying to adopt a safe position and had nicked a wheel in the process. He was trying to avoid Mr Orange’s wheel but was not able to restrain HEARD THE WHISPER as it was still racing “fiercely”. He was not trying to improve his position and did not believe his actions were careless.
Mr Ydgren stated that in his view there was not such an easing of the pace to justify the contact. He agreed the contact with the wheel was not strong but he believed the respondent had made the move “too cheaply”.
Mr N Williamson strongly disagreed with Mr Ydgren’s submission. He said HEARD THE WHISPER was racing very keenly as was evidenced by the fact that the horse, which had good form, was gone at the 800 metres.
Reasons for Decision:
We have viewed the available videos of the incident and the race in its totality. While HEARD THE WHISPER can be seen to be racing keenly at times there is nothing to suggest that this was something out of the ordinary. Mr Williamson’s driving manner appears to be relaxed and there is nothing in HEARD THE WHISPER’s actions in the race that appear of concern other than the incident in question.
The parties agree there has been contact between the near front leg of HEARD THE WHISPER and the cart of ELTSUNAMI. Both Mr Williamsons put this down to the fact that HEARD THE WHISPER was inexperienced and was racing very keenly. We do not accept that HEARD THE WHISPER is inexperienced. This was the horse’s 21st start. We do accept HEARD THE WHISPER was racing keenly but not so keenly as to not permit the respondent to make his outwards movement on the track with safety. Mr Williamson in shifting out has made contact with the wheel of Mr Orange and Mr Orange’s tyre has deflated as a consequence.
Submissions for Penalty:
Mr Ydgren produced the respondent’s record under this rule. It was clear for the last 2 seasons. In that time Mr Williamson has had some 600 drives. Mr Ydgren correctly described this record as excellent. He pointed to the fact that the respondent’s actions had caused the tyre on ELTSUNAMI’s cart to deflate. He submitted a fine of $300 was appropriate.
Mr B Williamson submitted that a lesser fine should be imposed. He said he had only ever been charged with careless driving once in his career, some three years ago, and he emphasised he was still a junior driver.
Reasons for Penalty:
From a starting point of $500, as recommended in the Penalty Guide, we factor in that the breach is low end. Mr Williamson has simply made a misjudgement. We also accept HEARD THE WHISPER was racing keenly.
Mr Williamson’s record is indeed excellent. He is a very promising junior driver and has had 1496 drives and only one breach of this rule.
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: 42a7c4eb15b00ea83b82beb23e73417a
informantnumber: 8017
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 07/03/2016
hearing_title: Forbury Park TC 3 March 2016 - R 5 - Chair, Prof G Hall
charge:
facts:
Mr Ydgren alleged that in race 5, Mr Williamson was careless in that he allowed HEARD THE WHISPER to strike the sulky wheel of ELTSUNAMI (B Orange) with 1100 metres to run.
appealdecision:
isappeal:
submissionsfordecision:
Mr Davidson, Stipendiary Steward, demonstrated on the side-on videos that the respondent near the 1100 metre mark shifted out wider on the track and in so doing the near side front leg of HEARD THE WHISPER came in contact with the wheel of ELTSUNAMI. The contact was not clear on the side-on video although Mr Orange could be seen to immediately look down at his wheel after the outwards movement from Mr Williamson.
After an adjournment the Committee requested to see other videos of the incident. The back straight video demonstrated that HEARD THE WHISPER was racing close behind ELTSUNAMI when Mr Williamson came out.
Mr N Williamson spoke in defence of Mr B Williamson. He said HEARD THE WHISPER had a history or racing keenly and that the respondent was doing his best to restrain the horse. He said there had been a slackening of the pace prior to the respondent coming out and that HEARD THE WHISPER had commenced to race keenly because FEATHER BOYZ had moved forward to the horse’s outside. He acknowledged HEARD THE WHISPER’s inside leg had touched the wheel of Mr Orange. It was the lightest of touches and he believed ELTSUNAMI’s chances were not affected as that horse broke free of interference later in the race.
Mr B Williamson said he believed HEARD THE WHISPER was racing so keenly that had he not come out he would have run up the backside of Mr Orange. He said Mr Ferguson had had eased the pace substantially and he had no option other than to come out. Mr J Dunn moving up on his outside had not helped. He would not have come out had Mr Dunn not moved up. He emphasised HEARD THE WHISPER was inexperienced.
Mr B Williamson said there had been half carting earlier in the race and this had not help settle HEARD THE WHISPER as it was putting HEARD THE WHISPER on the wheel of the horse it was following. He pointed out how HEARD THE WHISPER had raced very keenly at the same point on the track a round previously and said the horse was racing more and more keenly. He believed he had had a hold on the horse throughout the race. He was trying to adopt a safe position and had nicked a wheel in the process. He was trying to avoid Mr Orange’s wheel but was not able to restrain HEARD THE WHISPER as it was still racing “fiercely”. He was not trying to improve his position and did not believe his actions were careless.
Mr Ydgren stated that in his view there was not such an easing of the pace to justify the contact. He agreed the contact with the wheel was not strong but he believed the respondent had made the move “too cheaply”.
Mr N Williamson strongly disagreed with Mr Ydgren’s submission. He said HEARD THE WHISPER was racing very keenly as was evidenced by the fact that the horse, which had good form, was gone at the 800 metres.
reasonsfordecision:
We have viewed the available videos of the incident and the race in its totality. While HEARD THE WHISPER can be seen to be racing keenly at times there is nothing to suggest that this was something out of the ordinary. Mr Williamson’s driving manner appears to be relaxed and there is nothing in HEARD THE WHISPER’s actions in the race that appear of concern other than the incident in question.
The parties agree there has been contact between the near front leg of HEARD THE WHISPER and the cart of ELTSUNAMI. Both Mr Williamsons put this down to the fact that HEARD THE WHISPER was inexperienced and was racing very keenly. We do not accept that HEARD THE WHISPER is inexperienced. This was the horse’s 21st start. We do accept HEARD THE WHISPER was racing keenly but not so keenly as to not permit the respondent to make his outwards movement on the track with safety. Mr Williamson in shifting out has made contact with the wheel of Mr Orange and Mr Orange’s tyre has deflated as a consequence.
Decision:
We believe the respondent’s outwards movement was not made with safety and consequently we find the charge of careless driving proved.
sumissionsforpenalty:
Mr Ydgren produced the respondent’s record under this rule. It was clear for the last 2 seasons. In that time Mr Williamson has had some 600 drives. Mr Ydgren correctly described this record as excellent. He pointed to the fact that the respondent’s actions had caused the tyre on ELTSUNAMI’s cart to deflate. He submitted a fine of $300 was appropriate.
Mr B Williamson submitted that a lesser fine should be imposed. He said he had only ever been charged with careless driving once in his career, some three years ago, and he emphasised he was still a junior driver.
reasonsforpenalty:
From a starting point of $500, as recommended in the Penalty Guide, we factor in that the breach is low end. Mr Williamson has simply made a misjudgement. We also accept HEARD THE WHISPER was racing keenly.
Mr Williamson’s record is indeed excellent. He is a very promising junior driver and has had 1496 drives and only one breach of this rule.
penalty:
Balancing all these factors, but giving significant weight to the respondent’s record, we impose a fine of $200. We remind the respondent of his responsibilities under the Rules of Harness Racing and emphasise the fact he will not be able to receive a similar discount for his record should he again be in breach of this rule.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer: Mr B Williamson - Junior Driver
Otherperson: Mr N Williamson - Senior Horseman, assisting Mr B Williamson, Mr Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9aef375b136c3f22ad50592c8bc5706a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a5796e87238eec6b9ae690890f444bc1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/03/2016
meet_title: Forbury Park TC - 3 March 2016
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