Invercargill HRC 23 April 2023 – R7 – Tim Williams

BACKGROUND:

Following the running of Race 7, Alabar Southern Supremacy Stakes Final (Group 2), Driver, Tim Williams, admitted a breach in that, as the Driver of OHOKA CONNOR in the race, he shifted ground outwards racing into the first bend, forcing CORMAC LEO (Matthew Williamson) wider on the track.

Rule 869 provides as follows:

(4)     No driver 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.

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

(b)  a horse 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.

EVIDENCE:

Stipendiary Steward, Rebecca Haley, had Steward, Vinny Munro, show the incident on a video replay. The incident took place just after the start of the 2700 metres mobile start race. Mr Munro pointed out OHOKA CONNOR, driven by the Respondent, drawn barrier position 1, and CORMAC LEO, driven by Mr Williamson, drawn immediately outside it in barrier 2.

Mr Munro showed that, racing into the first bend, OHOKA CONNOR had ended up in the trail behind the leader, MAJOR TORQUE (Gemma Thornley). Mr Williamson’s runner was in line with or past Mr Williams’ sulky wheel, when Mr Williams shifted ground outwards forcing Mr Williamson’s runner to race 3-wide for a short distance, before easing back onto the back of Mr Williams. Mr Williams had shifted out and obtained a position that he was not entitled to, Mr Munro said.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Ms Haley, told the hearing that the Respondent has had 122 drives to date in the current season and, in the 2022 season, had a total of 680 drives. He has a clear record under the Rule.

Ms Haley referred to the Penalty Guide and pointed out that the race was a Group 2 event, for which the starting point is a fine of $400. The breach was low-level, she said.

REASONS FOR PENALTY:

The Adjudicative Committee noted the starting point for a breach of the Rule in a Group race in the RIB Harness Racing Penalty Guide (February 2023) of a $400 fine. Mitigating factors are the low-level nature of the breach, the Respondent’s good record and his admission of the breach. In addition, the consequences to Mr Williamson’s runner were minimal. There were no aggravating factors. For the mitigating factors referred to, the Adjudicative Committee has fixed a discount from the starting point of $100.

CONCLUSION:

Driver, Tim Williams, is fined $300.