Banks Peninsula TC 8 January 2023 – R2 – Tim Williams

BACKGROUND:

Following the running of Race 2, Graham Bunz Memorial Mobile Pace, the Respondent Driver, Tim Williams, as the Driver of FIELD OF POPPIES in the race, admitted a charge that he failed to take all reasonable and permissible measures when shifting inwards near the 350 metres when having a clear run to the finish.

Rule 868 provides:

(2)  Every driver shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.

The Respondent endorsed the Information “I do admit the breach of the Rule” and confirmed he understood the Rule and the nature of the charge.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the final 300 metres of the race. He pointed out FIELD OF POPPIES, driven by the Respondent, wide on the track and on the back of the widest runner, MONTOYA (Devon Van Til) as the field turned into the home straight.

Mr Renault pointed out the Respondent activate gear and, driving his horse forward, shift to the inside of Miss Van Til, and onto the back of MICHAEL CAINE (John Dunn) and “drive for luck”, he said. The Respondent was held up on the back of that runner before getting a run to the inside of Mr Dunn and being held up again over the concluding stages behind the eventual winner, MATADOR (Ricky May). Had the Respondent gone to the outside of Miss Van Til, he would have had a clear run to the finish, Mr Renault said.

The Adjudicative Committee noted that FIELD OF POPPIES finished fast when clear and finished in 4^th placing  (promoted to 3^rd), the margins being 1½ lengths, a ½ head and a neck.

The Respondent said that the horse wore a Murphy Blind. He had received a check before the bend, before he came to the outside. The horse had dropped the bit, but picked it up again after shifting to the inside and being able to see horses to his outside. The horse had finished off the race better after shifting to the inside, he said.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent had 680 drives in the season just completed. He is one of the country’s busier Drivers and has a clear record.

The Penalty Guide starting point is a 20-drives suspension. On the basis that the Respondent has approximately 5 drives per meeting, the submission of Stewards was for a 4-days suspension, Mr Renault said.

The Respondent pointed out his clear record and that he had admitted the breach at the first opportunity. The breach was in a maiden race on a Sunday, he said. He asked the Adjudicative Committee to consider a combined penalty of a suspension and a fine. He did not seek a deferment.

Finally, he said that he had 8 drives at today’s meeting and was likely to have a similar number on each day of the upcoming Nelson meeting. In addition, he had a flight booked to drive at the Waikato Bay of Plenty HRC meeting on 12 January.

REASONS FOR PENALTY:

The Penalty Guide suggests a starting point for penalty for a breach of the Rule of a 20-drives suspension. The Respondent is a busy Driver who, in all likelihood, would have no less than 5 drives at the average race meeting. That is probably a conservative estimate in the Respondent’s case. Twenty drives would equate to 4 meetings on that basis.

The Respondent is entitled to a discount from the Penalty Guide starting point for his clear record and, in particular, for his frank admission of the breach. It is not common for a breach of the particular Rule to be admitted. The Adjudicative Committee has fixed the discount at 1 day.

CONCLUSION:

The Respondent, Open Driver Tim Williams, is suspended for 3 days, commencing on 9 January 2023 and ending after 15 January 2023.