Wyndham HRC 25 February 2012 – R 7
ID: JCA17366
Meet Title:
Wyndham HRC - 25 February 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
ADennis
Race Date:
2012/02/25
Race Number:
R7
Decision:
Mr Williamson having admitted the charge, the charge was found proved.
Penalty:
Mr Williamson was fined the sum of $150.
Charge:
Breach of the pushout Rule.
Facts:
Following the running of Race 7, Kina Craig Stud Wyndham Cup Special Handicap Pace, an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Junior Driver, Mr B M Williamson, alleging a breach of Rules 869 (4) and 869 (6) (b) & (c) in that Mr Williamson, as the driver of MOTU SPEEDY STAR in the race, “forced FLYING DIAMONDS (A L Stratford) to race wider on the track near the 1100 metres” – a breach of the pushout Rule.
Mr Williamson was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr D J Dunn.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Submissions for Decision:
Mr Allison pointed out the two horses involved, racing towards the rear of the field, on a video replay of the incident with approximately 1100 metres to run. He pointed out Mr Stratford on FLYING DIAMONDS about to join the 3-wide line. At that point, he was alongside the sulky wheel of Mr Williamson on MOTU SPEEDY STAR, which was racing 2-wide. Mr Williamson was therefore not permitted to move outwards until the 1000 metres was reached.
However, Mr Williamson shifted out into the 3-wide line, forcing Mr Stratford, who was progressing forward, to race 4-wide. The pushout had clearly occurred prior to the 1000 metres, Mr Allison submitted.
Mr Dunn said, on Mr Williamson’s behalf, that the breach was clear from the video. Mr Williamson’s explanation was that he believed, at the time, that he was inside the 1000 metres. It was a mistake resulting from inexperience, Mr Dunn submitted. When asked by the Committee, Mr Williamson said that this was the third meeting on the course at which he had driven.
Mr Dunn further submitted that visibility was very difficult, especially racing at the rear of the field.
Submissions for Penalty:
Mr Allison informed the Committee that Mr Williamson was in his first season of race driving. Mr Allison described his driving record as “very good”. He has had 139 drives and has not previously breached the Rule. Mr Allison accepted Mr Dunn’s submission that Mr Williamson was inexperienced at driving on the track, but would know in the future.
Mr Allison referred to Mr Williamson’s admission of the breach and to the fact that he is a Junior Driver. He submitted that the breach could be dealt with by way of a fine “at the lower end of the scale”.
Mr Dunn referred to Mr Williamson’s relative lack of experience and his previous good record. He submitted that the breach was at the lower end of the scale.
Reasons for Penalty:
In determining penalty, the Committee found a number of quite compelling mitigating factors. Firstly, there was Mr Williamson’s very frank admission of the breach. Secondly, Mr Williamson had not previously breached the Rule. Thirdly, the Committee accepted that driving conditions were difficult, with a slushy track and rain. Finally, the Committee took into account that Mr Williamson is a Junior Driver, presumably, with limited financial means.
The Committee was aware that the usual fine for an admitted breach of the pushout Rule in a case where the driver had a clear record was not less than $200 but, taking into account the mitigating factors referred to, the Committee was satisfied that some leniency was in order.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
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: ff50a019b5634fbe0fc67735f07157e9
informantnumber: A5983
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/02/2012
hearing_title: Wyndham HRC 25 February 2012 - R 7
charge:
Breach of the pushout Rule.
facts:
Following the running of Race 7, Kina Craig Stud Wyndham Cup Special Handicap Pace, an information was filed by Stipendiary Steward, Mr C J Allison, against Licensed Junior Driver, Mr B M Williamson, alleging a breach of Rules 869 (4) and 869 (6) (b) & (c) in that Mr Williamson, as the driver of MOTU SPEEDY STAR in the race, “forced FLYING DIAMONDS (A L Stratford) to race wider on the track near the 1100 metres” – a breach of the pushout Rule.
Mr Williamson was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Licensed Open Driver, Mr D J Dunn.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison pointed out the two horses involved, racing towards the rear of the field, on a video replay of the incident with approximately 1100 metres to run. He pointed out Mr Stratford on FLYING DIAMONDS about to join the 3-wide line. At that point, he was alongside the sulky wheel of Mr Williamson on MOTU SPEEDY STAR, which was racing 2-wide. Mr Williamson was therefore not permitted to move outwards until the 1000 metres was reached.
However, Mr Williamson shifted out into the 3-wide line, forcing Mr Stratford, who was progressing forward, to race 4-wide. The pushout had clearly occurred prior to the 1000 metres, Mr Allison submitted.
Mr Dunn said, on Mr Williamson’s behalf, that the breach was clear from the video. Mr Williamson’s explanation was that he believed, at the time, that he was inside the 1000 metres. It was a mistake resulting from inexperience, Mr Dunn submitted. When asked by the Committee, Mr Williamson said that this was the third meeting on the course at which he had driven.
Mr Dunn further submitted that visibility was very difficult, especially racing at the rear of the field.
reasonsfordecision:
Decision:
Mr Williamson having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Allison informed the Committee that Mr Williamson was in his first season of race driving. Mr Allison described his driving record as “very good”. He has had 139 drives and has not previously breached the Rule. Mr Allison accepted Mr Dunn’s submission that Mr Williamson was inexperienced at driving on the track, but would know in the future.
Mr Allison referred to Mr Williamson’s admission of the breach and to the fact that he is a Junior Driver. He submitted that the breach could be dealt with by way of a fine “at the lower end of the scale”.
Mr Dunn referred to Mr Williamson’s relative lack of experience and his previous good record. He submitted that the breach was at the lower end of the scale.
reasonsforpenalty:
In determining penalty, the Committee found a number of quite compelling mitigating factors. Firstly, there was Mr Williamson’s very frank admission of the breach. Secondly, Mr Williamson had not previously breached the Rule. Thirdly, the Committee accepted that driving conditions were difficult, with a slushy track and rain. Finally, the Committee took into account that Mr Williamson is a Junior Driver, presumably, with limited financial means.
The Committee was aware that the usual fine for an admitted breach of the pushout Rule in a case where the driver had a clear record was not less than $200 but, taking into account the mitigating factors referred to, the Committee was satisfied that some leniency was in order.
penalty:
Mr Williamson was fined the sum of $150.
hearing_type: Hearing
Rules: 869(4) and 869(6)(b)&(c)
Informant: C J Allison - Stipendiary Steward
JockeysandTrainer: B M Williamson - Licensed Junior Driver
Otherperson: D J Dunn - Licensed Open Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: 0e8f8807cf133115755c8576b6ae2fb0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7604f30047f0f806921517a5010fb18a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/02/2012
meet_title: Wyndham HRC - 25 February 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: ADennis
meet_pm2: none
name: Wyndham HRC