NZ Metro TC 13 July 2023 – R2 – Tim Williams

Summary of Facts:

Following the running of Race 2, the Respondent, Open Driver Tim Williams, denied a breach of Rule 869(3)(b); namely that as the Driver of HARRYS DEAL he drove carelessly near the 1600m when attempting to shift TREMENDOUS LOVER, driven by Colin DeFilippi, down the track resulting in his horse breaking.    

The Respondent endorsed the Information ‘I do not admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Chief Stipendiary Steward, Nigel McIntyre, with the assistance of Stipendiary Steward Shane Renault, identified the horses involved in the incident namely, HARRYS DEAL, driven by Mr Williams, in a 3 wide position with TREMENDOUS LOVER, driven by Mr DeFilippi, racing in the 2 wide line inside Mr Williams, as the field approached the 1600m. Mr Renault pointed out on the available films, that nearing the 1600m, Mr Williams had a slight advantage on Mr DeFilippi, but when he attempted to shift Mr DeFilippi down the track, he no longer held that advantage.   He said that contact was made between the runners, with Mr Williams continuing on attempting to shift Mr DeFilippi down the track. This contact went on for quite a period, he said, and it was clear on the films that Mr Williams was intent on shifting Mr DeFilippi down the track, as HARRYS DEAL’s head was turned inward towards TREMENDOUS LOVER. Mr Renault also pointed out the pressure being made to bear on TREMENDOUS LOVER, which was that both carts, especially Mr DeFilippi’s, were skidding sideways along the track. He then showed Mr Williams eventually relieve the pressure, straighten his horse, and as a result, HARRYS DEAL broke.

In explanation, the Respondent stated that he held the advantage over TREMENDOUS LOVER when he first started the movement in to shift Mr DeFilippi down the track. He said that by the time he got alongside Mr DeFilippi, he conceded that he no longer held that advantage. Mr Williams stated that HARRYS DEAL was a green 2 year old and once contact had been made, his horse lay over TREMENDOUS LOVER and could not be straightened. Mr Williams said that HARRYS DEAL was striking a knee at this time, was hanging in, and this was the reason he could not be pulled off TREMENDOUS LOVER.

Reasons for Decision:

The Adjudicative Committee carefully considered all the evidence and submissions presented at the hearing. The Adjudicative Committee was satisfied that approaching the 1600m, Mr Williams, when attempting to shift Mr DeFilippi down the track, did not hold an advantage. It was also satisfied that once contact was made, Mr Williams continued on for a quite a few strides, attempting to shift Mr DeFilippi down the track when he was clearly not entitled to. Mr DeFillipi resisted the move by Mr Williams, which he was entitled to do, and held his ground. The Adjudicative Committee found that Mr Williams steered his horse inwards in the attempt to shift Mr DeFilippi down, as was clearly shown on the video replays of the horse’s head on an inward angle. Once Mr Williams straightened his horse and relieved the pressure, his horse broke.

This Adjudicative Committee is satisfied that Mr Williams, in his attempt to shift Mr DeFilippi down the track near the 1600m, when he did not hold an advantage and eventually causing his horse to break, has driven carelessly on this occasion and therefore finds the charge proved.

Decision:

The charge was found proved.

Submission for Penalty:

Chief Stipendiary Steward Mr McIntyre, produced the Respondent’s record, which indicated a previous breach on 12 May 2023 at Methven, where he received a 3 day suspension for a low level breach in a Listed Race. He added that the usual starting point for a breach in a Listed Race is a 5 day suspension.  The Respondent has had 234 drives last season, with 68 drives since the previous breach.

Mr McIntyre stated that the Penalty Guide provides a 4 day suspension as a starting point for a 2nd breach of this Rule. He added that Stewards assessed the breach as low to mid and submitted a 3 day suspension be considered as penalty with this case.

The Respondent did not seek a deferment to any proposed suspension. Mr Williams said that the breach was low level and due to no other horse being affected, only his drive, submitted that a 2 day suspension be considered as penalty.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of a 4 day suspension for a mid range second breach of this Rule. The Adjudicative Committee also assessed the breach as low to mid and determined after taking all factors into consideration, a 3 day suspension was an appropriate penalty in this case.

Conclusion:

The Respondent, Mr William’s Licence is suspended from the conclusion of racing 16 July 2023, up to and including 27 July 2023. Relevant meetings encompassed in this period are 21 July – Addington, 23 July –  Addington and 27 July 2023 – Addington.