NZ Metro TC 15 April 2017 – R 5 – Chair, Mr R McKenzie
ID: JCA11381
Meet Title:
NZ Metro TC - 15 April 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2017/04/15
Race Number:
R5
Decision:
The charge was found proved.
Penalty:
The Committee granted Mr Williamson’s application for a deferment. Mr Williamson’s Open Horseman’s Licence is suspended from after 20 April 2016 up to and including 29 April - 4 days. The four meetings intended to be encompassed by that period are Addington on 21 April, Invercargill on 23 April, Addington on 27 April and Ashburton on 29 April 2017.
Facts:
Following the running of Race 5, Aorangi Foundation – NZ Trotting Stakes (Group 3), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr B M Williamson, alleging a breach of Rule 869 (3) (b) in that Mr Williamson, as the driver of SPRINGBANK LACHIE in the race, “drove carelessly near the 350 metres when shifting outwards checking CASTLEREAGH (S J Ottley) which broke”.
Mr Williamson was present at the hearing of the information and he indicated that he denied the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Submissions for Decision:
Mr Ydgren said that the Stewards were alleging that Mr Williamson, as the driver of the eventual winner SPRINGBANK LACHIE, at the 350 metres began to move his runner outwards when not sufficiently clear of CASTLEREAGH, driven by Miss Ottley, resulting in that runner running out of room and being checked into a break.
Mr Ydgren had Stipendiary Steward, Mr Renault, show video replays of the relevant part of the race, with approximately 350 metres to run. He pointed out SPRINGBANK LACHIE racing in the trail behind the weakening leader, IMPERIAL WHIZ (A L Clark), with CASTLEREAGH, driven by Miss Ottley, on his outer. Mr Williamson was held up and Miss Ottley’s runner, shortly thereafter, went into a break. Mr Renault pointed out Mr Williamson shift out and his outside sulky wheel get inside the inside sulky wheel of Miss Ottley’s runner. Miss Ottley was clearly in the 2-wide line and was holding her line, Mr Renault said. Outside of Miss Ottley was AORAKI (R T May), racing 3-wide. When Mr Williamson came out, Miss Ottley had nowhere to go and was forced to take a hold of her horse which went into a break. Mr Williamson was not entitled to come out at that point, Mr Renault alleged.
Miss Ottley said that it was clear that Mr Williamson had pushed out when there was no room for him to do so. She was in the 2-out line and Mr May was 3-wide. Mr Williamson had been in the running line and had attempted to ease her out, when there was no room for him to do so, and had made contact with her horse’s legs causing it to break. Mr Williamson conceded that contact had been made.
When asked by Mr Ydgren, Miss Ottley said that her horse had been “very tractable” and was steering “perfect”. It had not deviated from its position in the 2-wide line. Mr May had seen what had happened, she believed, as she called out and had tried to give her some room for safety reasons. Her horse had been racing “really good” and it was apparent from the video replay that Mr Williamson had taken her run and had got a lovely run through and gone on to win the race.
Mr Williamson submitted that his horse’s head had been directly on the head of the runner it was trailing, as it should be, even though the leader was some way out from the pylons. He submitted that no video replay showed that he had come out. He stated that the stay of Miss Ottley’s sulky had come inside his wheel pulling his cart out into her. His horse’s head remained on the sulky of the runner in front, he said. He claimed that Mr May’s horse had been trotting roughly and had come out just prior to the contact because his horse had been “slightly intruding”. There would have been no contact, Mr Williamson said, had Miss Ottley not “locked” his wheel. It was after that the contact was made, he said.
Mr Williamson submitted that Miss Ottley’s runner had not been on the helmet of the driver she was trailing but was right on his, Mr Williamson’s, “wheel line”. He was still on the inside of IMPERIAL WHIZ, he said, as he was awaiting a possible run to the inside of that horse and, when this did not eventuate, he came back out onto the helmet of Mr Clark. He had not moved out until the carts had made contact, he said.
Mr Ydgren summed up. Mr Williamson had been caught behind a weakening runner and, to avoid being held up, he had shifted out across the wheel line of Miss Ottley. Miss Ottley’s evidence had been quite compelling, Mr Ydgren submitted, and she had clearly stated that she received no pressure from her outside. She had been placed in restricted room by Mr Williamson coming out, shifting across her wheel and making contact with her sulky wheel causing Miss Ottley’s horse to break. Miss Ottley’s horse had been racing in a “true and tractable manner” and did not deviate from its proper line at any stage, Mr Ydgren said.
Reasons for Decision:
The Committee found that, with approximately 350 metres to run, Mr Williamson eased out from his position on the markers where he had been trailing the weakening pacemaker, IMPERIAL WHIZ, and placed pressure on Miss Ottley who was on his outside and on her rightful line of running.
This outward movement resulted in Mr Williamson’s sulky wheel going inside Miss Ottley’s with the legs of Miss Ottley’s runner being contacted shortly thereafter, causing Miss Ottley’s runner to break when it ran out of room. We are satisfied that Mr May did not contribute to the incident and that all of the pressure on Miss Ottley came from Mr Williamson on her inside. Furthermore, we are clearly satisfied that Miss Ottley, at all relevant times, maintained her rightful line of running.
We found Miss Ottley’s evidence to be very compelling and that evidence was quite clearly supported, in our view, by the various video replays that we viewed. The video evidence did not give any credibility to the defence put forward by Mr Williamson.
Notwithstanding Mr Williamson’s very eloquent defence to the charge, we find that Mr Williamson’s actions, on this occasion, fell short of the standard of a reasonable and prudent driver and that he drove carelessly.
This was a clear case of Mr Williamson, whose horse was obviously travelling well inside the final 400 metres of the race, anxiously looking for a run when the horse he had been trailing began to come back on him. In looking for that run, he moved out into the rightful running line of Miss Ottley’s runner, which was also travelling well, in an attempt to ease it out and, in doing so, contacting its sulky wheel and causing it to break and lose its chance. Miss Ottley was unable to give him any room as she had Mr May’s horse on her outside.
Submissions for Penalty:
Mr Ydgren referred to the Penalty Guide. This was Mr Williamson’s second breach within 4 months meaning that the starting point was a 3 days’ suspension. He had received a $300 fine for careless driving at Invercargill on 18th March 2017. He is a very busy driver – 307 drives so far this season and 541 last season, with considerable success, Mr Ydgren said.
Mr Ydgren said that Stewards felt that an uplift should be applied to the starting point because of the fact that Mr Williamson had caused CASTLEREAGH, the 2nd favourite, to be eliminated from the race. While the race was not a “major race” as defined in the Penalty Guide, it was an aggravating factor that another runner had been put out of a Group 3 race because of Mr Williamson’s carelessness. A 4 days’ suspension should be considered, Mr Ydgren submitted.
There followed a discussion with the parties as to the upcoming meetings at which Mr Williamson would be likely to be driving. Mr Williamson sought a deferment of any suspension to enable him to fulfil driving engagements at the meeting of Forbury Park TC on 20 April 2017.
Reasons for Penalty:
The Committee noted that the Penalty Guide recommended starting point for a second breach of the Rule was a 3-days’ suspension. Mr Ydgren suggested that there were a couple of aggravating factors – namely, the Group 3 status of the race and the fact that a well favoured runner was put out of the race. We have detected another aggravating factor – that Mr Williamson’s actions, at the expense of Miss Ottley, assisted him in going on to win the race.
We completely agree with Mr Ydgren that the aggravating factors warrant an uplift in the Penalty Guide starting point and we have assessed an appropriate uplift for those factors at 1 day. There were no mitigating factors to be offset against the 4 days so arrived at.
JCA Decision Fields (raw)
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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: 2590501848a80fbc1a492549eadc471a
informantnumber: A8964
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 19/04/2017
hearing_title: NZ Metro TC 15 April 2017 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Aorangi Foundation – NZ Trotting Stakes (Group 3), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr B M Williamson, alleging a breach of Rule 869 (3) (b) in that Mr Williamson, as the driver of SPRINGBANK LACHIE in the race, “drove carelessly near the 350 metres when shifting outwards checking CASTLEREAGH (S J Ottley) which broke”.
Mr Williamson was present at the hearing of the information and he indicated that he denied the breach.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that the Stewards were alleging that Mr Williamson, as the driver of the eventual winner SPRINGBANK LACHIE, at the 350 metres began to move his runner outwards when not sufficiently clear of CASTLEREAGH, driven by Miss Ottley, resulting in that runner running out of room and being checked into a break.
Mr Ydgren had Stipendiary Steward, Mr Renault, show video replays of the relevant part of the race, with approximately 350 metres to run. He pointed out SPRINGBANK LACHIE racing in the trail behind the weakening leader, IMPERIAL WHIZ (A L Clark), with CASTLEREAGH, driven by Miss Ottley, on his outer. Mr Williamson was held up and Miss Ottley’s runner, shortly thereafter, went into a break. Mr Renault pointed out Mr Williamson shift out and his outside sulky wheel get inside the inside sulky wheel of Miss Ottley’s runner. Miss Ottley was clearly in the 2-wide line and was holding her line, Mr Renault said. Outside of Miss Ottley was AORAKI (R T May), racing 3-wide. When Mr Williamson came out, Miss Ottley had nowhere to go and was forced to take a hold of her horse which went into a break. Mr Williamson was not entitled to come out at that point, Mr Renault alleged.
Miss Ottley said that it was clear that Mr Williamson had pushed out when there was no room for him to do so. She was in the 2-out line and Mr May was 3-wide. Mr Williamson had been in the running line and had attempted to ease her out, when there was no room for him to do so, and had made contact with her horse’s legs causing it to break. Mr Williamson conceded that contact had been made.
When asked by Mr Ydgren, Miss Ottley said that her horse had been “very tractable” and was steering “perfect”. It had not deviated from its position in the 2-wide line. Mr May had seen what had happened, she believed, as she called out and had tried to give her some room for safety reasons. Her horse had been racing “really good” and it was apparent from the video replay that Mr Williamson had taken her run and had got a lovely run through and gone on to win the race.
Mr Williamson submitted that his horse’s head had been directly on the head of the runner it was trailing, as it should be, even though the leader was some way out from the pylons. He submitted that no video replay showed that he had come out. He stated that the stay of Miss Ottley’s sulky had come inside his wheel pulling his cart out into her. His horse’s head remained on the sulky of the runner in front, he said. He claimed that Mr May’s horse had been trotting roughly and had come out just prior to the contact because his horse had been “slightly intruding”. There would have been no contact, Mr Williamson said, had Miss Ottley not “locked” his wheel. It was after that the contact was made, he said.
Mr Williamson submitted that Miss Ottley’s runner had not been on the helmet of the driver she was trailing but was right on his, Mr Williamson’s, “wheel line”. He was still on the inside of IMPERIAL WHIZ, he said, as he was awaiting a possible run to the inside of that horse and, when this did not eventuate, he came back out onto the helmet of Mr Clark. He had not moved out until the carts had made contact, he said.
Mr Ydgren summed up. Mr Williamson had been caught behind a weakening runner and, to avoid being held up, he had shifted out across the wheel line of Miss Ottley. Miss Ottley’s evidence had been quite compelling, Mr Ydgren submitted, and she had clearly stated that she received no pressure from her outside. She had been placed in restricted room by Mr Williamson coming out, shifting across her wheel and making contact with her sulky wheel causing Miss Ottley’s horse to break. Miss Ottley’s horse had been racing in a “true and tractable manner” and did not deviate from its proper line at any stage, Mr Ydgren said.
reasonsfordecision:
The Committee found that, with approximately 350 metres to run, Mr Williamson eased out from his position on the markers where he had been trailing the weakening pacemaker, IMPERIAL WHIZ, and placed pressure on Miss Ottley who was on his outside and on her rightful line of running.
This outward movement resulted in Mr Williamson’s sulky wheel going inside Miss Ottley’s with the legs of Miss Ottley’s runner being contacted shortly thereafter, causing Miss Ottley’s runner to break when it ran out of room. We are satisfied that Mr May did not contribute to the incident and that all of the pressure on Miss Ottley came from Mr Williamson on her inside. Furthermore, we are clearly satisfied that Miss Ottley, at all relevant times, maintained her rightful line of running.
We found Miss Ottley’s evidence to be very compelling and that evidence was quite clearly supported, in our view, by the various video replays that we viewed. The video evidence did not give any credibility to the defence put forward by Mr Williamson.
Notwithstanding Mr Williamson’s very eloquent defence to the charge, we find that Mr Williamson’s actions, on this occasion, fell short of the standard of a reasonable and prudent driver and that he drove carelessly.
This was a clear case of Mr Williamson, whose horse was obviously travelling well inside the final 400 metres of the race, anxiously looking for a run when the horse he had been trailing began to come back on him. In looking for that run, he moved out into the rightful running line of Miss Ottley’s runner, which was also travelling well, in an attempt to ease it out and, in doing so, contacting its sulky wheel and causing it to break and lose its chance. Miss Ottley was unable to give him any room as she had Mr May’s horse on her outside.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred to the Penalty Guide. This was Mr Williamson’s second breach within 4 months meaning that the starting point was a 3 days’ suspension. He had received a $300 fine for careless driving at Invercargill on 18th March 2017. He is a very busy driver – 307 drives so far this season and 541 last season, with considerable success, Mr Ydgren said.
Mr Ydgren said that Stewards felt that an uplift should be applied to the starting point because of the fact that Mr Williamson had caused CASTLEREAGH, the 2nd favourite, to be eliminated from the race. While the race was not a “major race” as defined in the Penalty Guide, it was an aggravating factor that another runner had been put out of a Group 3 race because of Mr Williamson’s carelessness. A 4 days’ suspension should be considered, Mr Ydgren submitted.
There followed a discussion with the parties as to the upcoming meetings at which Mr Williamson would be likely to be driving. Mr Williamson sought a deferment of any suspension to enable him to fulfil driving engagements at the meeting of Forbury Park TC on 20 April 2017.
reasonsforpenalty:
The Committee noted that the Penalty Guide recommended starting point for a second breach of the Rule was a 3-days’ suspension. Mr Ydgren suggested that there were a couple of aggravating factors – namely, the Group 3 status of the race and the fact that a well favoured runner was put out of the race. We have detected another aggravating factor – that Mr Williamson’s actions, at the expense of Miss Ottley, assisted him in going on to win the race.
We completely agree with Mr Ydgren that the aggravating factors warrant an uplift in the Penalty Guide starting point and we have assessed an appropriate uplift for those factors at 1 day. There were no mitigating factors to be offset against the 4 days so arrived at.
penalty:
The Committee granted Mr Williamson’s application for a deferment. Mr Williamson’s Open Horseman’s Licence is suspended from after 20 April 2016 up to and including 29 April - 4 days. The four meetings intended to be encompassed by that period are Addington on 21 April, Invercargill on 23 April, Addington on 27 April and Ashburton on 29 April 2017.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: B M Williamson, Licensed Open HOrseman
Otherperson: S J Ottley, Licensed Open Driver, S P Renault, Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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race_title: R5
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meetdate: 15/04/2017
meet_title: NZ Metro TC - 15 April 2017
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