Archive Decision

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NZ Metro TC 12 November 2019 – R 2 – Chair, Mr R McKenzie

ID: JCA15265

Applicant:
N M Ydgren, Chief Stipendiary Steward

Respondent(s):
T M Williams, Licensed Open Driver

Information Number:
A12860

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 12 November 2019

Meet Chair:
RMcKenzie

Meet Committee Member 1:
DAnderson

Race Date:
2019/11/12

Race Number:
R2

Decision:

Mr Williams having admitted the charge, the charge was found proved.

Penalty:

Mr Williams’ application for a deferment is granted. His Open Driver’s licence is suspended from after the close of racing on Friday, 15 November, up to and including Saturday, 23 November 2019 – 3 days. The meetings intended to be included in the period of suspension are Wyndham HRC on 17 November, Invercargill HRC on 22 November and Geraldine TC on 23 November.

Facts:

Following the running of Race 2, Hydroflow “Cup Day” Maiden Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr T M Williams, alleging that Mr Williams, as the driver of THE POWER OF PRAYER in the race, “drove carelessly when attempting to shift inwards near the 1700 metres checking DREAM OF GLORY (M Purdon) which broke.

Mr Williams had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing and he confirmed that the breach was admitted.

Rule 869 provides as follows:

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

Mr Ydgren showed video replays of the first 300 metres of the race, a 1980 metres mobile start event. He pointed out THE POWER OF PRAYER driven by Mr Williams, which had drawn the outside barrier position, begin well to be disputing the lead 3-wide shortly after the start. He also pointed out DREAM OF GLORY, which had drawn barrier position 3 on the second row, behind that runner in the one-out line, attempting to improve into the one back, one out position. Mr Williams then shifted inwards in an attempt to take up a position behind the parked horse, SUGAR LOAF (J R Dunn). Despite not being clear, at any stage, of DREAM OF GLORY, Mr Williams continued to shift down the track and checked that runner into a gallop. DREAM OF GLORY lost all chance, Mr Ydgren said.

Mr Williams said that it had been a “judgement call” and that he had “got it wrong for a stride”.

Submissions for Penalty:

Mr Ydgren said, in relation to Mr Williams’ record, that it was clear over the last 12 months. It was significant that he had had 448 drives since his last breach of the careless driving rule. That is a good record and Mr Williams had admitted the breach, he said.

Mr Ydgren referred to the Penalty Guide starting point of a 10-drives suspension or a $500 fine. The race was not a “major race” as defined in the Penalty Guide. An aggravating factor was that the second favourite had been put out of the race, he said.

Stewards felt that a suspension of 2-3 days was the appropriate penalty, Mr Ydgren said. The number of drives per meeting that Mr Williams had varied – as few as three and as many as five, he said.

Mr Williams told the Committee that he would like a deferment of suspension until after the meeting on 15 November. He said that he, possibly, had drives at Wyndham on 17 November but he would be able to get out of those as they were not confirmed engagements. He would be driving at that meeting were he not under suspension, he said.

Reasons for Penalty:

In determining penalty, the Committee had regard to the Penalty Guide starting point of a 10-drives suspension or a $500 fine. We agreed with Mr Ydgren that a suspension was called for in this case.

The aggravating factor was that Mr Williams’ carelessness had put a favoured runner out of the race. Mitigating factors were his excellent record and his frank admission of the breach. Weighing those factors, the Committee decided that the appropriate period of suspension was one of 3 days.

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: 7ce4e4cd66eeebe611a150c0ec186764


informantnumber: A12860


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 18/11/2019


hearing_title: NZ Metro TC 12 November 2019 - R 2 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 2, Hydroflow “Cup Day” Maiden Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr T M Williams, alleging that Mr Williams, as the driver of THE POWER OF PRAYER in the race, “drove carelessly when attempting to shift inwards near the 1700 metres checking DREAM OF GLORY (M Purdon) which broke.

Mr Williams had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing and he confirmed that the breach was admitted.

Rule 869 provides as follows:

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

Mr Ydgren showed video replays of the first 300 metres of the race, a 1980 metres mobile start event. He pointed out THE POWER OF PRAYER driven by Mr Williams, which had drawn the outside barrier position, begin well to be disputing the lead 3-wide shortly after the start. He also pointed out DREAM OF GLORY, which had drawn barrier position 3 on the second row, behind that runner in the one-out line, attempting to improve into the one back, one out position. Mr Williams then shifted inwards in an attempt to take up a position behind the parked horse, SUGAR LOAF (J R Dunn). Despite not being clear, at any stage, of DREAM OF GLORY, Mr Williams continued to shift down the track and checked that runner into a gallop. DREAM OF GLORY lost all chance, Mr Ydgren said.

Mr Williams said that it had been a “judgement call” and that he had “got it wrong for a stride”.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Williams having admitted the charge, the charge was found proved.


sumissionsforpenalty:

Mr Ydgren said, in relation to Mr Williams’ record, that it was clear over the last 12 months. It was significant that he had had 448 drives since his last breach of the careless driving rule. That is a good record and Mr Williams had admitted the breach, he said.

Mr Ydgren referred to the Penalty Guide starting point of a 10-drives suspension or a $500 fine. The race was not a “major race” as defined in the Penalty Guide. An aggravating factor was that the second favourite had been put out of the race, he said.

Stewards felt that a suspension of 2-3 days was the appropriate penalty, Mr Ydgren said. The number of drives per meeting that Mr Williams had varied – as few as three and as many as five, he said.

Mr Williams told the Committee that he would like a deferment of suspension until after the meeting on 15 November. He said that he, possibly, had drives at Wyndham on 17 November but he would be able to get out of those as they were not confirmed engagements. He would be driving at that meeting were he not under suspension, he said.


reasonsforpenalty:

In determining penalty, the Committee had regard to the Penalty Guide starting point of a 10-drives suspension or a $500 fine. We agreed with Mr Ydgren that a suspension was called for in this case.

The aggravating factor was that Mr Williams’ carelessness had put a favoured runner out of the race. Mitigating factors were his excellent record and his frank admission of the breach. Weighing those factors, the Committee decided that the appropriate period of suspension was one of 3 days.


penalty:

Mr Williams’ application for a deferment is granted. His Open Driver’s licence is suspended from after the close of racing on Friday, 15 November, up to and including Saturday, 23 November 2019 – 3 days. The meetings intended to be included in the period of suspension are Wyndham HRC on 17 November, Invercargill HRC on 22 November and Geraldine TC on 23 November.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: N M Ydgren, Chief Stipendiary Steward


JockeysandTrainer: T M Williams, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 768ebd2613a2ade6a01f0b4ebbb3b552


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 437b0ddec8d7fe4f1f2a806945dfb6d7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/11/2019


meet_title: NZ Metro TC - 12 November 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: DAnderson


meet_pm2: none


name: NZ Metro TC