NZ Metro TC 22 July 2011 – R 3 (heard at NZMTC 29 July 2011)

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startdate: 22/07/2011

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hearing_title: NZ Metro TC 22 July 2011 - R 3 (heard at NZMTC 29 July 2011)

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N M Ydgren, Stipendiary Steward
Defendant: N P Williamson, Licensed Open Horseman
Information No: 69545
Meeting: New Zealand Metropolitan Trotting Club
Date: 22 July 2011 (heard at Addington 29 July 2011)
Venue: Addington Raceway, Christchurch
Race: 8
Rule No: 869 (2) (c)
Judicial Committee: R G McKenzie, Chairman - P J Rosanowski, Committee Member
Plea: Admitted

FACTS:
Following the running of Race 8, Neutrogena Norwegian Formula Mobile Pace, Information No. 69545 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr N P Williamson, alleging a breach of Rule 869 (2) (c) in that Mr Williamson, as the driver of ESSENE in the race, used his whip outside the confines of the sulky in the run home.

The information was filed with the Registrar on race night and was served on Mr Williamson at the meeting of New Zealand Metropolitan Trotting Club at Addington Raceway on 29 July 2011 and was heard at that meeting.

Mr Williamson had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:
(2) No horseman shall during any race:
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.

SUBMISSIONS:
Mr Ydgren showed a video replay of the final 300-400 metres of the race. He pointed out Mr Williamson driving ESSENE racing 3-back and 3-wide with cover. He then pointed out, shortly after turning for home, Mr Williamson hit the right-hand sulky disc with his whip and thereafter continue to use his whip, in his right hand, in a manner that was clearly outside the confines of the sulky.

DECISION:
Mr Williamson having admitted the breach, the charge was found proved.

PENALTY SUBMISSIONS:
Mr Ydgren informed the Committee that Mr Williamson had a clear record under the Rule. He submitted that a fine of $200 was an appropriate penalty and he referred to the Penalty Guide which recommended a starting point of $200 for a breach of the Rule.

PENALTY REASONS:

In determining penalty the Committee took into account Mr Williamson’s admission of the breach and his previous good record. The Committee also had regard to the Penalty Guide and the level of fines imposed for previous breaches of the Rule.

PENALTY:
Mr Williamson was fined the sum of $200.

R G McKenzie                 P J Rosanowski
CHAIRMAN                     COMMITTEE MEMBER
 

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hearing_type: Old Hearing

Rules: 869(2)(c)

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