Wyndham HRC 12 November 2017 – R 8 (heard 19 November 2017 at Wyndham) – Chair, Mr V Munro

hearingid: 3c51351ac1c6bf2bfafc843e9e57e29b

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 12/11/2017

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Wyndham HRC 12 November 2017 - R 8 (heard 19 November 2017 at Wyndham) - Chair, Mr V Munro

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr L Tidmarsh - Stipendiary Steward

Respondent: Mr B Williamson - Open Horseman and Driver of BETTER OPTION

Persons Present: Ms S Tomlinson - Junior Horsewoman and Driver of HARRYDAHORSE

Mr M Williamson - Open Horseman assisting Mr B Williamson

Information Number: A9767

Rule: 869(3)(b)

Meeting: Wyndham Harness Racing Club

Date: 12 November 2017 (heard 19 November 2017)

Race No: 8

Judicial Committee: Mr V Munro, Chair - Mr P Knowles, Committee Member

Plea: Denied

Charge: Careless Driving

Evidence:

Following the running of race 8, Wyndham Workouts Committee Mobile Pace, an Information was filed pursuant to Rule 869(3)(b). The Informant, Mr Tidmarsh, alleged that Mr B Williamson (BETTER OPTION) drove carelessly near the 700 metres when checking (HARRYDAHORSE) which paced roughly and lost ground.

This hearing was adjourned on the day and re-heard prior to Race 1 at the Wyndham HRC meeting on Sunday 19th November 2017.

Mr Williamson acknowledged that he understood the nature of the charge, the rule and confirmed he denied the breach.

Rule 869(3) (b) provides: No horseman in any race shall drive:-

(b) carelessly.

Submission For Decision:

Mt Tidmarsh with the aid of video footage identified the runners involved.

He showed the head on view, as the horses approached the 700 metre mark in the back straight that Mr Williamson (BETTER OPTION) was positioned 3 wide outside the leader. He also identified the leading horse on the markers, driven by Mr Orange (DIRECT CONTROL) and Ms Tomlinson sitting parked driving (HARRYDAHORSE).

The side on angle was also shown, which had Mr Orange leading, with Ms Tomlinson on the outside of his sulky wheel and Mr B Williamson, 3 wide and slightly ahead of Ms Tomlinson.

He stated that Mr B Williamson is driving his horse up and as they pass the 700 metre mark his left sulky wheel made contact with Ms Tomlinson’s horse's rear off-hind leg, causing this horse to pace roughly and lose her position.

He further stated that Mr Orange has run out on the bend, whilst leading and this has had no effect on Ms Tomlinson as there was a clear gap between Mr Orange’s sulky wheel and Miss Tomlinson’s horses' near foreleg.

Mr Tidmarsh called Ms Tomlinson as a witness.

Ms Tomlinson stated that her horse paced roughly and lost ground after its leg had come into contact with Mr B Williamson’s sulky wheel.

She further stated that she was aware that Mr Orange had run out half a cart, but no contact had been made with his sulky. When questioned by Mr B Williamson, Ms Tomlinson confirmed that she had taken a hold of her horse as it had been placed in restricted room.

Mr B Williamson using the video footage gave his account of the incident. He identified the hoof marks on the track where the runners had been previously on the marker pegs, one off the pegs and the 3 wide position.

He stated that the pressure was coming from the inside and that he stayed on the 3 wide line and did not come in. He believed he ended up about 3 and half carts wide, where he stayed straight maintaining his correct line.

He confirmed that he made contact with Ms Tomlinson’s horse’s leg, but this was due to the fact of her horse being pushed out by Mr Orange.

Mr B Williamson called Mr M Williamson as a witness.

Mr M Williamson stated that he was following Ms Tomlinson and saw what was happening in front of him, where he took hold of his horse, as Mr Orange’s horse shifted out, squeezing Ms Tomlinson.

In summing up Mr Tidmarsh stated that Mr Orange’s horse has run out, which has not caused any issues for Ms Tomlinson. He further stated that Mr B Williamson has allowed his horse to shift in on the bend, then making contact with Ms Tomlinson’s horse.

Summing up, Mr B Williamson stated he had maintained his 3 wide line throughout and the interference was a result of Mr Orange’s horse running out on the bend, which has put outwards pressure on Ms Tomlinson’s horse when contact was made.

Reasons For Decision:

The Committee carefully considered all the evidence and submissions as presented. The facts before us show that near the 700 metre mark, viewing the back straight camera, we observe Mr Orange (DIRECT CONTROL) leading on the marker pegs, sitting parked outside the leader was Ms Tomlinson (HARRYDAHORSE) and three wide on their outer was Mr B Williamson (BETTER OPTION). With the aid of a side on view camera, we observed, Mr Orange leading with Ms Tomlinson outside his sulky wheel and Mr B Williamson slightly ahead of Ms Tomlinson, 3 wide.

Racing into the top bend, Mr Orange’s horse has shifted out half a cart width, forcing Ms Tomlinson wider on the track, it is here that her horse’s rear off hind leg has made contact with Mr B Williamson’s left sulky wheel, causing her horse to pace roughly and lose its position.

Mr Tidmarsh agrees that no contact was made by Mr Orange’s horse to Ms Tomlinson’s horse. However with Ms Tomlinson’s horse sitting outside Mr Orange’s sulky wheel it is natural for her horse to be shifted wider as explained in Mr M Williamson’s evidence. In his evidence he stated, he had taken hold of his horse when he saw Mr Orange’s horse shift outwards, forcing Ms Tomlinson wider which in turn placed pressure on Mr B Williamson who was wider again and slightly in front.

At the point of interference we are satisfied that Mr B Williamson has maintained his 3 wide running line and has not altered his position inwards.

The role of Committee is to be satisfied that the driver was “careless” in his actions. In this case the Committee is not satisfied that Mr B Williamson has driven carelessly causing interference.

We believe that with Mr Orange’s horse shifting outward that this contributed to the incident.

Decision:

We find the charge was not proved and is therefore dismissed.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869(3)(b)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: