Archive Decision

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Geraldine TC 26 November 2016 – R 5 – Chair, Mr S Ching

ID: JCA16226

Applicant:
S Renault - Stipendiary Steward

Respondent(s):
M Williamson-Open Horseman

Information Number:
A1686

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869 (3) (b)

Plea:
admitted

Meet Title:
Geraldine TC - 26 November 2016

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2016/11/26

Race Number:
R5

Decision:

As Mr Williamson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Mr Williamson was fined the sum of $300.

Facts:

Following the running of Race 5, the North End Motors Handicap Trot, an information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr M Williamson, alleging a breach of Rule 869(3) (b) in that he drove carelessly near the 800m by allowing EVERYBODY KNOWS to improve inwards when not clear to do so resulting in his tyre being struck and delating, coming off the rim.

Mr Williamson had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule he was being charged with.

Rule 869(3)(b) reads as follows:

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

Mr Renault gave evidence and used video coverage to show that nearing the 800m EVERYBODY KNOWS, driven by Mr Williamson, was in a 3-wide position near the leaders with DREAM BIG, driven by Mr B Williamson in a 2-wide position on his inner. Mr Renault pointed out Mr Williamson improve forward and shift in to take up a position in front of DREAM BIG in the 2-wide line. Mr Renault stated that Mr Williamson was not clear of DREAM BIG in this manoeuvre and the right leg of DREAM BIG struck the near side sulky wheel of EVERYBODY KNOWS and as a result the tyre tube deflated with the tyre eventually coming off the rim. Mr Renault said that EVERYBODY KNOWS had to be eased down over the concluding stages due to the tyre coming off the rim with the horse’s chances being affected.

Mr Williamson conceded that he had made a slight misjudgement and had shifted down too early. He stated should have gone on in a 3-wide position for a few more strides before shifting down.

Submissions for Penalty:

Mr Renault informed the Committee that Mr Williamson had an excellent record for the previous 12 months and had not been before a Judicial Committee for any breach during that period. He stated that Mr Williamson had driven on 658 occasions last season with 134 drives so far this season. Mr Renault stated that the JCA Penalty Guide recommended a starting point of a $500 fine or 10 drive suspension for a breach of this rule. He submitted that the consequences of Mr Williamson's carelessness was an aggravating factor and after taking into consideration his admission of the breach and his good record, that a fine of between $300 and $400 be considered as penalty.

Mr Williamson submitted that the breach was at the lower end and that thought that a fine at the lower end was fair.

Reasons for Penalty:

In determining penalty, the Committee considered Mr Williamson’s frank admission of the breach and his excellent record, as strong mitigating factors. We determined Mr Williamson’s carelessness as low with the consequential effects as mid-range as his drive was the only runner affected in this incident. In adopting the JCA Penalty Guide starting point of a $500 fine we were able to afford Mr Williamson a discount of $100 for his admission of the breach and a further $100 discount for his excellent record. We therefore determined that a fine of $300 was an appropriate penalty in this case.

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: cca49db1990abf0c8e02f4456480825b


informantnumber: A1686


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 29/11/2016


hearing_title: Geraldine TC 26 November 2016 - R 5 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 5, the North End Motors Handicap Trot, an information was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr M Williamson, alleging a breach of Rule 869(3) (b) in that he drove carelessly near the 800m by allowing EVERYBODY KNOWS to improve inwards when not clear to do so resulting in his tyre being struck and delating, coming off the rim.

Mr Williamson had indicated on the Information that this breach of the Rules was admitted and that he understood the Rule he was being charged with.

Rule 869(3)(b) reads as follows:

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

Mr Renault gave evidence and used video coverage to show that nearing the 800m EVERYBODY KNOWS, driven by Mr Williamson, was in a 3-wide position near the leaders with DREAM BIG, driven by Mr B Williamson in a 2-wide position on his inner. Mr Renault pointed out Mr Williamson improve forward and shift in to take up a position in front of DREAM BIG in the 2-wide line. Mr Renault stated that Mr Williamson was not clear of DREAM BIG in this manoeuvre and the right leg of DREAM BIG struck the near side sulky wheel of EVERYBODY KNOWS and as a result the tyre tube deflated with the tyre eventually coming off the rim. Mr Renault said that EVERYBODY KNOWS had to be eased down over the concluding stages due to the tyre coming off the rim with the horse’s chances being affected.

Mr Williamson conceded that he had made a slight misjudgement and had shifted down too early. He stated should have gone on in a 3-wide position for a few more strides before shifting down.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Williamson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Renault informed the Committee that Mr Williamson had an excellent record for the previous 12 months and had not been before a Judicial Committee for any breach during that period. He stated that Mr Williamson had driven on 658 occasions last season with 134 drives so far this season. Mr Renault stated that the JCA Penalty Guide recommended a starting point of a $500 fine or 10 drive suspension for a breach of this rule. He submitted that the consequences of Mr Williamson's carelessness was an aggravating factor and after taking into consideration his admission of the breach and his good record, that a fine of between $300 and $400 be considered as penalty.

Mr Williamson submitted that the breach was at the lower end and that thought that a fine at the lower end was fair.


reasonsforpenalty:

In determining penalty, the Committee considered Mr Williamson’s frank admission of the breach and his excellent record, as strong mitigating factors. We determined Mr Williamson’s carelessness as low with the consequential effects as mid-range as his drive was the only runner affected in this incident. In adopting the JCA Penalty Guide starting point of a $500 fine we were able to afford Mr Williamson a discount of $100 for his admission of the breach and a further $100 discount for his excellent record. We therefore determined that a fine of $300 was an appropriate penalty in this case.


penalty:

Mr Williamson was fined the sum of $300.


hearing_type: Hearing


Rules: 869 (3) (b)


Informant: S Renault - Stipendiary Steward


JockeysandTrainer: M Williamson-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a354bd4a0d8a62c910e739577e0716d8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6f25160ab0239f49a611af8fc7a98dda


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/11/2016


meet_title: Geraldine TC - 26 November 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: geraldine-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Geraldine TC