Oamaru HRC – 23 May 2010 – R 3

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hearing_racingtype: harness-racing

startdate: 23/05/2010

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decisiondate: no date provided

hearing_title: Oamaru HRC - 23 May 2010 - R 3

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Ms K Williams - stipendiary steward

Defendant:  Mr M Williamson - junior driver

Information No: 68557

Meeting:  Oamaru Harness Racing Club

Date:  23 May 2010

Venue:  Oamaru Raceway

Race:  3

Rule No: 869(4)

Judicial Committee:  Geoff Hall, Chairman – J Eagles, Committee Member 

Plea:  Admitted

Also Present:  Mr S Renault - stipendiary steward, Mr R May, assisting Mr Williamson

CHARGES:

Ms Williams alleged that Mr Williamson drove EPOCH in a manner likely to cause interference when shifting down the track with approximately 150 metres to run when not sufficiently clear of TOWNEY (Mr Johnston).

FACTS:

Ms Williams demonstrated the breach on the video. The evidence from the earlier protest hearing was admitted by consent of the parties.

SUBMISSIONS:

Ms Williams said the relegation that had resulted from the incident had cost EPOCH the win with a loss to the connections of that horse and those persons who had placed investments on it. She re-iterated that Mr Johnston was entitled to his run. He was not shifting ground; Mr Williamson was. She reminded the Committee that Mr Williamson had said at the protest hearing he had looked and was surprised that Mr Johnston had moved up so quickly. She emphasised she did not believe the breach was deliberate and that a more experienced driver may have anticipated Mr Williamson’s move, with a lesser outcome. She demonstrated TOWNEY had been forced inside the markers although fortuitously missing the pegs.

She produced Mr Williamson’s record, which showed he had no previous breaches of this rule. She asked for a fine of $300 to $350.

Mr May spoke on behalf of Mr Williamson. He said the breach was at the low end. He thought Mr Johnston’s inexperience made the incident look worse.

Mr Williamson told us he had only one previous breach of the rules: excessive use of the whip, when he was just starting out on his driving career.

DECISION:

Mr Williamson has admitted a breach of R 869(4) in that he drove EPOCH in a manner likely to cause interference when shifting down the track with approximately 150 metres to run when not sufficiently clear of TOWNEY. The incident occurred in home straight approximately 150 metres from the winning post and the result was that the horse Mr Williamson was driving, EPOCH, was relegated to 5^th. Ms Williams has said that this cost the connections and the punters. However, we do not believe EPOCH would have won the race had Mr Williamson not obtained a run that he was not entitled to under the Rules of Harness Racing.

Mr Williamson has emphasised that he did look and that TOWNEY was being chased up and he was caught out by just how quickly TOWNEY was progressing.

This is Mr Williamson’s first time in the room for driving in a manner likely to cause interference or for careless driving. We are aware he is a very busy junior driver and this is a record of which he should be proud.

Ms Williams has referred us to the Penalty Guide where a fine of $400 is recommended. She has commented that this appears “a bit steep” in this case and has asked for a fine of $300 to $350.

PENALTY:

When Mr Williamson’s open and honest admission of having erred and his excellent record are considered, we believe a fine of $200 is appropriate. Mr Williamson is alerted to the fact, however, that he has lost the mitigating effect of an unblemished record, and he may not be dealt with so lightly by a Committee in the future were a similar breach to occur.

G Hall                          J Eagles

CHAIR                         Committee Member

68557

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hearing_type: Old Hearing

Rules: 869(4)

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StipendSteward:

raceid: dc89ce859a7216c8900c3de94f9e6933

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race_title: R 3

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meetdate: 23/05/2010

meet_title: Oamaru HRC - 23 May 2010

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name: Oamaru HRC