NZ Metro TC 25 September 2020 – R 3 – Chair, Mr R McKenzie
ID: JCA15309
Meet Title:
NZ Metro TC - 25 September 2020
Meet Chair:
RMcKenzie
Race Date:
2020/09/25
Race Number:
R3
Decision:
The charge is found proved.
Penalty:
Mr Williamson’s application for a deferment is granted.
Mr Williamson’s Open Driver’s licence is suspended for a period commencing after the close of racing on 2 October up to and including 9 October 2020 – 3 days. The meetings intended to be encompassed by the period of suspension are Timaru HRC on 4 October, NZ Metropolitan TC on 8 October and Auckland TC on 9 October 2020.
Facts:
Following the running of Race 3, Harras des Trotteurs Sires’ Stakes Prelude No. 2 Mobile Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr M J Williamson, alleging that Mr Williamson, as the driver of LEAF STRIDE in the race, “used his whip on more occasions than is permitted by Clause (b) of the Use of the Whip Regulation.”
Mr Williamson had signed the Statement by the Respondent on the information form indicating that he denied the breach. He was present at the hearing of the information and confirmed that he did not admit the breach.
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.
The Use of Whip Regulations (effective from 30 November 2017) 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.
Submissions for Decision:
Mr Renault showed a video replay of the final 400 metres of the race. He pointed out LEAF STRIDE, driven by Mr Williamson, racing in the trail behind the leader, BITAMUSCLE, as the field entered the home straight. After turning into the straight, Mr Williamson entered the passing lane, activated the removable deafeners, turned his whip and commenced using it. Two “little flicks” at that point were not being included as strikes, Mr Renault said. From that point, Mr Renault alleged, there were 11 strikes with the whip. The last three were “clearcut”. Stewards alleged that there had been a total of 11 strikes with a striking motion with some force behind them, including some “rapid-fire”, Mr Renault said. He demonstrated on the video replay that there had been three initial rapid-fire strikes, followed by a further three rapid strikes, and then two more rapid fire strikes (all with reins in hand) and, finally, three forehand strikes free of the rein.
Mr Williamson agreed with the number of 11 alleged by Mr Renault. However, he submitted that the two sets of three alleged strikes were not that hard, and he was merely attempting to have the horse pick up momentum. He had lost a half-length entering the passing lane, he said. He conceded that the final five strikes were “definitely hits”. The disputed six strikes were with a wrist action only and without much force, he said. He demonstrated this on the video replay. He had to lean his body over to use the backhand which, he submitted, made his actions look worse, he said.
Mr Renault then played close-ups of Mr Williamson’s whip actions to demonstrate his allegation that the use of the whip, on each occasion, had been with a striking motion.
Reasons for Decision:
The regulation requires that, for a breach to be established, the whip must first be used “in a striking motion”. Mr Williamson's defence to the charge was, essentially, that in six of the alleged 11 uses of the whip, he had not so used the whip. The number is not in dispute in this case but, simply, whether all of the agreed 11 uses of the whip were in a striking motion.
The ordinary meaning of “strike” is “to hit forcibly and deliberately”. The Committee is satisfied, after hearing the evidence and submissions of the parties that all of the agreed uses of the whip were strikes or in a striking motion. The video replay clearly shows that Mr Williamson has used, not only his wrist (which would suggest a flick only as argued by Mr Williamson) but also his elbow and shoulder, and the whip has been applied in a downward manner. Mr Williamson argued that the whip was not used with any force. The Committee does not accept that there was no force involved and, in any event, the regulation does not require that the whip be used with force for a charge to be made out. The two early “flicks”, as described by Mr Renault, were acceptable and in direct contrast to the whip use that followed.
The Committee is satisfied that Mr Williamson has used his whip excessively by using it in a striking motion on 11 occasions inside the final 200 metres. It is a breach to use the whip on more than ten occasions inside the final 400 metres.
Submissions for Penalty:
Mr Renault told the hearing that Mr Williamson has had 102 drives to date this season and last season he had 739 drives. He has a previous breach of the rule on his record – on 27 June 2020 at Invercargill, fined $500, 17-plus strikes.
This breach is low-end but it is Mr Williamson’s second breach within 6 months. The starting point under the regulation is a 3-5 days suspension and, being low-end, Stewards were submitting that a 3-days suspension is appropriate, Mr Renault said.
Mr Renault gave the next five meetings at which Mr Williamson would be likely to drive. Mr Williamson said that he was going to Auckland on 9 October, which Mr Renault had not included. Mr Williamson was offered the option of a deferment. He asked if the Committee would consider a 2-days suspension together with a fine in lieu of a third day. If this was not an option, he requested an opportunity to speak to his father, Open Trainer Mr P C Williamson, as to whether or not to take a deferment. He reported back that he opted for a deferment until after 2 October.
Reasons for Penalty:
This is Mr Williamson’s second breach of the rule within 6 months and, accordingly, a suspension is appropriate. The breach is low-end in terms of both the number and force. The only possible aggravating factor was that LEAF STRIDE went on to win the race by a ½ head. However, the minimum term of suspension, 3 days, is appropriate given the low-end nature of the breach and that fact that a 3-days suspension for Mr Williamson will be quite a harsh penalty in the circumstances.
Mr Williamson’s application for a combined penalty of a suspension and a fine is denied. Such combined penalties are only given in exceptional circumstances and Mr Williamson’s circumstances, although unfortunate for him, are not exceptional, in the Committee’s opinion.
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: 81dbebd3b7e414f358bf88b73719ca14
informantnumber: A13216
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: denied
penaltyrequired: 1
decisiondate: 29/09/2020
hearing_title: NZ Metro TC 25 September 2020 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Harras des Trotteurs Sires’ Stakes Prelude No. 2 Mobile Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr M J Williamson, alleging that Mr Williamson, as the driver of LEAF STRIDE in the race, “used his whip on more occasions than is permitted by Clause (b) of the Use of the Whip Regulation.”
Mr Williamson had signed the Statement by the Respondent on the information form indicating that he denied the breach. He was present at the hearing of the information and confirmed that he did not admit the breach.
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.
The Use of Whip Regulations (effective from 30 November 2017) 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed a video replay of the final 400 metres of the race. He pointed out LEAF STRIDE, driven by Mr Williamson, racing in the trail behind the leader, BITAMUSCLE, as the field entered the home straight. After turning into the straight, Mr Williamson entered the passing lane, activated the removable deafeners, turned his whip and commenced using it. Two “little flicks” at that point were not being included as strikes, Mr Renault said. From that point, Mr Renault alleged, there were 11 strikes with the whip. The last three were “clearcut”. Stewards alleged that there had been a total of 11 strikes with a striking motion with some force behind them, including some “rapid-fire”, Mr Renault said. He demonstrated on the video replay that there had been three initial rapid-fire strikes, followed by a further three rapid strikes, and then two more rapid fire strikes (all with reins in hand) and, finally, three forehand strikes free of the rein.
Mr Williamson agreed with the number of 11 alleged by Mr Renault. However, he submitted that the two sets of three alleged strikes were not that hard, and he was merely attempting to have the horse pick up momentum. He had lost a half-length entering the passing lane, he said. He conceded that the final five strikes were “definitely hits”. The disputed six strikes were with a wrist action only and without much force, he said. He demonstrated this on the video replay. He had to lean his body over to use the backhand which, he submitted, made his actions look worse, he said.
Mr Renault then played close-ups of Mr Williamson’s whip actions to demonstrate his allegation that the use of the whip, on each occasion, had been with a striking motion.
reasonsfordecision:
The regulation requires that, for a breach to be established, the whip must first be used “in a striking motion”. Mr Williamson's defence to the charge was, essentially, that in six of the alleged 11 uses of the whip, he had not so used the whip. The number is not in dispute in this case but, simply, whether all of the agreed 11 uses of the whip were in a striking motion.
The ordinary meaning of “strike” is “to hit forcibly and deliberately”. The Committee is satisfied, after hearing the evidence and submissions of the parties that all of the agreed uses of the whip were strikes or in a striking motion. The video replay clearly shows that Mr Williamson has used, not only his wrist (which would suggest a flick only as argued by Mr Williamson) but also his elbow and shoulder, and the whip has been applied in a downward manner. Mr Williamson argued that the whip was not used with any force. The Committee does not accept that there was no force involved and, in any event, the regulation does not require that the whip be used with force for a charge to be made out. The two early “flicks”, as described by Mr Renault, were acceptable and in direct contrast to the whip use that followed.
The Committee is satisfied that Mr Williamson has used his whip excessively by using it in a striking motion on 11 occasions inside the final 200 metres. It is a breach to use the whip on more than ten occasions inside the final 400 metres.
Decision:
The charge is found proved.
sumissionsforpenalty:
Mr Renault told the hearing that Mr Williamson has had 102 drives to date this season and last season he had 739 drives. He has a previous breach of the rule on his record – on 27 June 2020 at Invercargill, fined $500, 17-plus strikes.
This breach is low-end but it is Mr Williamson’s second breach within 6 months. The starting point under the regulation is a 3-5 days suspension and, being low-end, Stewards were submitting that a 3-days suspension is appropriate, Mr Renault said.
Mr Renault gave the next five meetings at which Mr Williamson would be likely to drive. Mr Williamson said that he was going to Auckland on 9 October, which Mr Renault had not included. Mr Williamson was offered the option of a deferment. He asked if the Committee would consider a 2-days suspension together with a fine in lieu of a third day. If this was not an option, he requested an opportunity to speak to his father, Open Trainer Mr P C Williamson, as to whether or not to take a deferment. He reported back that he opted for a deferment until after 2 October.
reasonsforpenalty:
This is Mr Williamson’s second breach of the rule within 6 months and, accordingly, a suspension is appropriate. The breach is low-end in terms of both the number and force. The only possible aggravating factor was that LEAF STRIDE went on to win the race by a ½ head. However, the minimum term of suspension, 3 days, is appropriate given the low-end nature of the breach and that fact that a 3-days suspension for Mr Williamson will be quite a harsh penalty in the circumstances.
Mr Williamson’s application for a combined penalty of a suspension and a fine is denied. Such combined penalties are only given in exceptional circumstances and Mr Williamson’s circumstances, although unfortunate for him, are not exceptional, in the Committee’s opinion.
penalty:
Mr Williamson’s application for a deferment is granted.
Mr Williamson’s Open Driver’s licence is suspended for a period commencing after the close of racing on 2 October up to and including 9 October 2020 – 3 days. The meetings intended to be encompassed by the period of suspension are Timaru HRC on 4 October, NZ Metropolitan TC on 8 October and Auckland TC on 9 October 2020.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulation
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: M J Williamson, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4f317358af83b7a535f6354f938e116e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bcd6af5f86e11edda53dc88c898e3b0d
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waitingforpublication: 0
meet_emailed1: 0
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meetdate: 25/09/2020
meet_title: NZ Metro TC - 25 September 2020
meet_expappcomment:
meet_km:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC