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Amberley TC 6 February 2019 - R 11 - Chair, Mr S Ching

Created on 11 February 2019

Rules:
869(3)(b)
Committee:
SChing (chair)
RMcKenzie
Name(s):
Mr T Williams - Open Horseman
Mr S Renault - Stipendiary Steward
Informant
Mrs C Tibbs - Stipendiary Steward
Information Number
A11206
Plea:
Admitted
Charge:
Careless Driving
Evidence:

Following the running of Race 11, the Stevie Golding Real Estate Thanks His Racing Clients Handicap Pace, an Information was filed by Stipendiary Steward, Mrs C Tibbs against Open Horseman, Mr T Williams, alleging a breach of Rule 869(3)(b) in that he drove carelessly, when driving CHILLER BAY, by shifting outwards leaving the final bend and punctured the sulky wheel of STICKMAN, driven by Mr B Orange.

Mr Williams had indicated on the Information that this breach of the Rules was admitted. Mr Williams had also informed the Stewards that he did not wish to be present at the hearing. This was confirmed by Mrs Tibbs.

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

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

Mrs Tibbs gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr Renault, to show that after entering the final straight and near the 250m, CHILLER BAY, driven by Mr Williams, was positioned 2 wide and in the trail of STICKMAN, driven by Mr B Orange. Mr Renault pointed out Mr Williams shift out to improve past STICKMAN and in doing so, his horse struck the outside sulky wheel of STICKMAN. He said the tyre went flat immediately with Mr Orange stating to the Stewards that his chances were not affected due to this incident.

Decision:

As Mr Williams had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mrs Tibbs said the JCA Penalty Guide provided for a starting point of a 6-drive suspension or a $300 fine for a breach of his rule. She stated that there were no aggravating factors to consider as STICKMAN’s chances were not affected. Mrs Tibb’s said that Mr Williams had admitted the breach at the first opportunity and had a clear record in relation to this rule. She submitted that a $250 fine be considered as penalty in this case.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 6-drive suspension or $300 fine for a breach of this rule where the breach is striking a wheel. We agree that there were no aggravating factors to consider, therefore no uplift in penalty warranted. There are however mitigating factors, being Mr Williams clear record and his frank admission of the breach. These mitigating factors warranted a discount in penalty which we set at $50. We therefore determined that a $250 fine was an appropriate penalty.

Penalty:

Accordingly, Mr Williams is fined the sum of $250.

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