Invercargill HRC 4 April 2024 – R9 (heard 21 April 2024 at Invercargill) – Bradley Williamson

Mr Munro alleged that Mr B Williamson (SWEET SOUTHERN LASS) forced HUKI FELLA (Mr M Hurrell) to race wider on the track near the 1700 metres.

Mr Renault identified the relevant horses on the videos. He pointed out that near the 1700 metres, Mr Williamson shifted out to follow Ms O’Reilly, who was clear when she had shifted out to make a run to the outside of Mr PRESIDENT. In so doing, Mr Williamson shifted Mr Hurrell wider on the track in breach of the Push Out Rule.

Mr Williamson said he admitted the breach as he acknowledged he had made Mr Hurrell race wider on the track.

Decision

As Mr Williamson has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record which shows that Mr Williamson has had 94 drives this season and 266 the last. He has had 4427 lifetime drives. He is a busy Driver, and his record is clear under this Rule. Mr Munro commented that the starting point in the Penalty Guide for a first breach of the Push Out Rule is a fine of $200.

Mr Williamson submitted that a penalty in accordance with Penalty Guide was appropriate.

Reasons for Penalty

Mr Hurrell was pushed wider on the track by Mr Williamson. The breach is low-range. The Penalty Guide provides a starting point of a fine of $200 for a first such breach. Mr Williamson won the race. His record under this Rule is excellent, especially having regard to the fact he is a busy Driver. He has admitted the breach. A penalty at the starting point is appropriate.

Conclusion

Mr Williamson is fined the sum of $200.