Non Raceday Inquiry RIU v M Williamson – Written Decision dated 3 December 2018 – Chair, Prof G Hall

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decisiondate: 04/12/2018

hearing_title: Non Raceday Inquiry RIU v M Williamson - Written Decision dated 3 December 2018 - Chair, Prof G Hall

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Decision:

BEFORE A JUDICIAL COMMITTEE OF

THE JCA AT OAMARU

UNDER THE RACING ACT 2003

AND IN THE MATTER of the New Zealand Rules of Harness Racing

BETWEEN-RACING INTEGRITY UNIT (RIU)

Informant

AND-MR MATTHEW WILLIAMSON

Open Horseman

Respondent

Information: -A10527

Judicial Committee: --- Prof G Hall, Chairman

Mr P Knowles, Committee Member

Appearing: -Mr S Renault, Stipendiary Steward, for the Informant

The Respondent in person

Date of hearing and oral decision:-1 December 2018

Date of written decision:-3 December 2018

WRITTEN DECISION OF JUDICIAL COMMITTEE

[1]-The informant, the RIU, has laid an information with respect to the respondent, Mr M Williamson, the driver of the horse KANSAS CITY JIM in Race 4 the DUNEDIN CITY MOTORS MOBILE PACE at the Forbury Park racecourse on 29 November 2018. The information alleges a breach of r 869(2) in that he "used his whip on more occasions than is permitted in clause (b) of the Use of Whip Regulations".

[2]-Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

[3]-The Use of the Whip Regulations provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

[4]-Mr Renault produced a letter from Mr M Godber, the General Manager of the RIU, dated 30 November 2018, authorising him to lodge an Information charging Mr M Williamson with a breach of r 869(2).

[5]-Mr Williamson admitted the breach and did not wish to be present at the hearing.

Informant’s submissions

[6]-Mr Renault, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr Williamson used his whip 12 times in the last 400 metres. His horse got up to win the race.

Decision

[7]-As Mr Williamson has admitted the breach, it is found to be proved.

Penalty submissions

[8]-Mr Renault produced the respondent’s record. Mr Williamson has had 255 drives this season. Mr Williamson has a clear record under this rule over the past 12 months.

[9]-Mr Renault submitted that a fine of $200 was appropriate.

Decision as to penalty

[10]-The count for Mr Williamson is 12. He has agreed that this is the number. The strikes were not continuous but, as Mr Renault agreed, some were quite forceful.

[11]-The Penalty Guide provides for a $200 fine where the number of strikes is between 11 and 13 (low-range) and there are no previous breaches. The respondent, who is a busy driver, has a clear record. There are no aggravating or mitigating factors that require an adjustment to this starting point.

[12]-Mr Williamson is fined the sum of $200.

Dated at Dunedin this 3rd day of December 2018.

Geoff Hall, Chairman

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