NZ Metro TC 11 February 2022 – R7 – Tim Williams

CHARGE:

Following the running of Race 7, Avon City Ford Mobile Pace, Driver Tim Williams admitted a charge alleging that, as the Driver of ROLLYOUROWN in the race, he shifted ground inwards when not sufficiently clear on the final bend forcing BARNSTORMER (John Morrison) over pylons.

Mr Williams had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. Through Mr McIntyre, he asked that his attendance at the hearing be waived as he had driving engagements in the final two races in a compressed program.

Rule 869(7A)(c) provides that:

Every driver who moves inwards shall ensure that that the movement does not cause any other driver, horse or sulky to contact any track marker or protrude inside the marker line.

EVIDENCE:

Mr McIntyre showed video replays of the final 300 metres of th race. He pointed out ROLLYOUROWN, driven by Mr Williams, racing three places back on the marker line as the field approached the home turn, behind CAB CALLOWAY (Blair Orange). BARNSTORMER, driven by John Morrison, was following ROLLYOUROWN. LOCHART SHARD (Natalie Rasmussen) which had been racing in the one-one position shifted out allowing Mr Williams to take up a position on the back of the parked runner, STAR CASINO (Jim Curtin). There was a clear run for Mr Morrison’s runner which became established to the inside of Mr Williams.

Mr Williams then elected to shift back down off the back of Mr Curtin’s runner and, in doing so, crowded Mr Morrison for a run. Mr McIntyre pointed out the head of Mr Morrison’s runner go in the air as Mr Morrison was forced to take a hold. The pressure on Mr Morrison resulted in two pylons being struck. Mr Williams continued his inwards movement, attempting to get back on Mr Orange’s back. ROLLYOUROWN went to the finishing line untested, said Mr McIntyre.

DECISION:

The charge is admitted by the Respondent and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Williams in the current season (from 1 January) has had 94 drives and in the last extended season had 862 drives. His record under the Rule is clear, he said.

The starting point for penalty for a breach of the Rule is a fine of $300. Mr McIntyre referred to a similar recent case in which a fine of $250 was imposed. He submitted that a similar penalty would be appropriate in the present case.

REASONS FOR PENALTY:

After taking into account the submissions of Mr McIntyre, observing the video replay and the resultant impact on Mr Morrison’s runner, the Adjudicative Committee assessed the breach as being medium-level and adopted a fine of $300 is the appropriate starting point. Mr Williams is given credit for his admission of the breach and his good record, resulting in a $50 reduction from the starting point.

After evaluating all of the factors, the Adjudicative Committee determined that a fine of $250 is an appropriate penalty in the circumstances of this case.

CONCLUSION:

Driver Tim Williams is fined the sum of $250.