Ashburton TC 24 April 2023 – R3 (heard 28 April 2023 at Addington) – Matthew Williamson

BACKGROUND:

Following the running of Race 3, Premium Peas Limited Mobile Pace, Driver Matthew Williamson, denied a charge that, as the Driver of MAJOR CHEDDAR in the race, “he drove carelessly near the 1900 metres when easing the pace in an abrupt manner resulting in trailing runners being hampered to varying degrees”.

Rule 869 provides:

(3)   No driver in any race shall drive:

       (b)   carelessly.

EVIDENCE:

Stipendiary Steward, Paul Williams, had Stipendiary Steward, Shane Renault, point out MAJOR CHEDDAR on video replays of the race, near the 1900 metres. The video replay showed that MAJOR CHEDDAR, after having begun fast from the outside barrier position at the 2400 metres mobile start race, went up to dispute the pace with the leader, KIWI HERO (Robbie Holmes) after 400 metres.

Mr Williams said that the Respondent had then eased his runner and, at that stage, there was a considerable distance back to the 4th placed runner, CORFU BROMAC (Jonny Cox), which was leading the one-out line. In pulling back and continuing to pull back, Mr Williamson had hampered the runners in the one-out line, resulting in PACIFIC CLIPPER (Lawrence McCormick), which had been racing four places back, breaking when it ran into the back of VULUNTEER (Samantha Ottley), Mr Williams said. Mr Williams referred to the incident as the “classic concertina effect”. Mr Williams showed video replays of the incident from a number of camera angles.

Mr Williams submitted that the video replays showed that there was an unexpected easing of the pace for those Drivers who were following the Respondent. He submitted that the easing was more than gradual, but was abrupt.

Mr Williamson said that, after an unsuccessful attempt at the lead, he had eased his runner in an unsuccessful attempt to get into the trail behind the leader, but LOCH LOMOND (Peter Davis), which had drawn the pole position, had taken up the space behind the leader. He said that, from that point, he desisted and had eased “maybe half a length” from the initial movement. It was apparent, 100 metres prior to that, he was attempting to get into the trail, he submitted. The speed had come out of the race because he was no longer “attacking” the leader and he had eased to “normal race speed”, he said. He believed that Mr Cox and the Driver of ALL TOO WELL (Chris Butt) had no issues, as they had obviously been watching and had checked their runners, realising the speed would come out of it. It was common sense that, when a horse has an unsuccessful attempt to take the lead, the speed was going to come out of the race, he said.

Mr Williams submitted that Mr Cox, as the Driver following the horse that was easing, was in the best position to see what was happening. He submitted that Mr Cox would have seen what was happening and was able to handle it but, in doing so, was himself easing and starting the “concertina effect”.

The Respondent pointed to the gap back to Mr Cox and the tempo had not increased, he submitted, and Mr Cox did not run up the back of him. Neither did Mr Butt appear to have any difficulty, he said.

At this point, the hearing was adjourned, and was resumed at the meeting of NZ Metropolitan TC at Addington Raceway on 28 April 2023.

Upon resumption of the hearing, Mr Williams called Mr Cox, the Driver of CORFU BROMAC in the race. Mr Cox said that he had observed the Respondent have a “shot” at the lead and then attempt to get into the trail. He said that he was at an advantage being able to see what was happening. At the time, he thought nothing of it, until reading in the Stewards’ Report that evening that Mr Williamson had been charged, he said. His having to ease was no worse than “any other time” in a race. He believed that Mr Butt, behind him would also have realised what was happening. Mr Cox added that he did not have to ease unduly. He confirmed, when asked by Mr Williams, that he was in “a fairly large gap” behind the Respondent.

REASONS FOR DECISION:

Mr Williamson has been charged under the Careless Driving Rule – 869(3)(b) – which simply provides that:

“No driver in any race shall drive carelessly”

“Careless” in Harness Racing simply means a failure to act with the care and competence of a reasonably competent Driver – that is to say, what would a reasonably competent Driver have done in Mr Williamson’s situation.

The Stewards are required to prove, on a balance of probabilities, that Mr Williamson drove carelessly. That means, in simple terms, they must prove to the satisfaction of the Adjudicative Committee that it is more likely than not that their version of events is correct.

To turn to the Adjudicative Committee’s findings based on the evidence and video replays in this case:

Mr Williamson has made an early attempt to take the lead. He has been unsuccessful in doing so and he has then attempted to get into the trail behind the leader. Both attempts having been unsuccessful, he has resigned himself to remaining in the parked position, and has eased the pace accordingly, which would only be expected of him in those circumstances.

The Adjudicative Committee finds that, at the point at which he eased the pace, he did so with reasonable care, and in a gradual manner. The trailing runners were some lengths behind at that stage, although making ground because of the easing of the pace. Mr Cox has given evidence that, following Mr Williamson, he could see what was happening. He said he did not think anything of Mr Williamson’s actions until he subsequently read the Stewards Report. He felt that it was just a normal easing of the pace, in that situation. Asked by the Adjudicative Committee, Mr Cox said that he had seen in plenty of time what Mr Williamson was doing. He said that he also believed that Mr Butt, who was following him, had also been able to take a hold, seeing what was going on in front of him.

The Adjudicative Committee cannot be satisfied that the interference to Mr McCormick’s runner can be attributed to the actions of Mr Williamson.

The Adjudicative Committee has been unable to find a definition of “racing incident” in a Harness Racing context but has come up with its own. The Adjudicative Committee believes that what happened here was a “racing incident”. The Adjudicative Committee considers a “racing incident” to be something that happens during the running of a race, the cause of which cannot necessarily be attributed to the fault of any one Driver or horse but, rather, which arises from the nature of the contest that is Harness Racing. Put simply, it was “just one of those things”.

The Adjudicative Committee is not satisfied that Mr Williamson has driven carelessly and, accordingly, the charge of careless driving is dismissed.

CONCLUSION:

The charge is dismissed.