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NZ Metro TC 28 February 2020 - R 8 - Chair, Ms O Jarvis

Created on 02 March 2020

Committee:
OJarvis (chair)
SChing
Name(s):
Mr T Williams - Open Horseman
Informant
Mr S Renault - Stipendiary Steward
Information Number
A13121
Plea:
Admitted
Charge:
Breach of push out rule
Evidence:

Following the running of Race 8, an Information was filed by Stipendiary Steward Mr S Renault against open horseman, Mr T Williams, alleging a breach of Rule 869(4)(6)(b)(c). In particular that Mr Williams shifted ground outwards with HE’S AFLYIN near the 1200m forcing MOSSMAN, driven by Gerard O’Reilly, wider on the track.

Rule: 869(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.

869(6) “Subject to sub-rule (4) hereof:-

(b) a horse making a forward moment 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.”

Mr Williams had endorsed on the Information, and confirmed at the hearing, that this breach of the Rules was admitted.

Mr Renault used the video footage to show that approaching the 1200m, HE’S AFLYIN, driven by Mr Williams, has BOSSMAN, driven by Gerard O’Reilly, at his wheel. Mr Williams has shifted, HE’S AFLYIN, outwards on the track, as a result forces BOSSMAN, to race wider on the track. Mr Renault outlined that BOSSMAN did get a better run and was able to get cover from HE’S AFLYIN, however, at the time Mr Williams moved out he was not entitled to, and as a result he has moved into a position he was not entitled to.

Mr Williams commented on the video replay outlining that he was always intending to come out, however, his horse had come out slow and the other horse had advanced quickly.

Decision:

As the breach was admitted, the Committee found the charge proved.

Submission For Penalty:

Mr Renault informed the Committee that Mr Williams had driven on 323 occasions to date this season, with 715 drives last season. He stated that Mr Williams had readily admitted the breach and had a clear record regarding this Rule. Mr Renault outlined that Mr Williams had an excellent record. Mr Renault stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250. Mr Renault submitted that with Mr William’s good record and his admission of the breach, that fine of $200 should be considered as an appropriate penalty in this case.

Mr Williams asked the Committee to consider the fact that BOSSMAN had a better run due to Mr Williams moving HE’S AFLYIN out.

Reasons For Penalty:

In determining penalty, the Committee took into account the submissions made by both parties. In mitigation, credit was given for Mr Williams’ ready admission of the breach and his good record. Further consideration was given to the fact that the “effected” runner, MOSSMAN, gained an advantage due to Mr Williams moving out. We determined this as a neutral factor.

We determined that there were no aggravating factors in this case, after adopting the JCA Penalty Guide starting point of a $250 fine, the Committee determined that we were able to afford Mr Williams a discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Williams was fined the sum of $200.

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