NZ Metro TC - 8 July 2010 - R 10

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr NR Escott Chief Stipendiary Steward

Defendant:  T M Williams

Information No:  68986

Meeting:  New Zealand Metropolitan Trotting Club

Date:  8 July 2010

Venue:  Addington Raceway

Race:  10

Rule No:  869(3)(b)

Judicial Committee:  KG Hales, Chairman - RG McKenzie, Committee Member

Plea:  Admitted

FACTS

As a result of an incident in Race 10, Mr TM Williams, a junior horseman, was charged with careless driving, pursuant to Rule 869(3)(b).

As Mr Williams has admitted the charge, it is therefore deemed to be proved.

Rule 869(3)(b) reads as follows:

(3)        No horseman in any race shall drive: - (b) -   carelessly”.

Mr Williams’ horse was racing in a 3 wide position with approximately 800 metres to run.  He  allowed his horse to get too close to “Not Home Enough” when there was no pressure being applied in the circumstances.  As a result, “Illumaway’s” front legs came into contact with the sulky of “Not Home Enough” and as a consequence, “Illumaway” fell and dislodged Mr Williams from the sulky.

When asked to comment on the issue, Mr Williams said that the evidence was clear cut.  He agreed that he allowed his horse to get too close, to the sulky of “Not Home Enough”. 

SUBMISSION ON PENALTY

Mr Escott informed the hearing that Mr Williams is in the top ranks of the junior drivers.  He has had some 290 drives in the current harness racing season.  He told the hearing that Mr Williams had not been charged under this Rule during the last twelve months.

Having regard to a junior driver’s championship, which is approaching, Mr Escott submitted that it would be unjust to suspend Mr Williams and instead, submitted that a fine of $250 was a sufficient penalty. 

PENALTY AND REASONS

Having regard to Mr Williams’ early admission of the charge, and his excellent driving record, this committee agrees that it would be unfair to impose a period of suspension for this matter.  We also take into account that Mr Williams is a junior driver and that his financial resources may be restricted.  We also consider, having regard to penalties imposed and recorded on the penalty data base, that a fine of $250 is an appropriate penalty in this instance.  In setting the fine we have not overlooked the fact that “Illumaway” fell and lost all chances.  Fortunately, neither horse nor driver were hurt.

PENALTY

Mr Williams is fined $250.

K Hales                        R McKenzie

Chairman                     Committee Member

68986