NZ Metro TC 2 March 2023 – R6 – Tim Williams

BACKGROUND:

Following the running of Race 6, Alabar Free-For-All Mobile Pace, the Respondent Driver, Tim Williams, admitted a charge that, as the Driver of HENRY HUBERT in the race, he failed to maintain a straight course in the run home resulting in HOMEBUSH LAD (Ben Hope) being denied full access to the passing lane.

Rule 869(4) provides:

(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.

The Passing Lanes, False Rails and Home Straight Regulations provide:

4.  In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.

EVIDENCE:

Chief Stipendiary Steward Nigel McIntyre, showed video replays of the final 200 metres of the race. He pointed out HENRY HUBERT, driven by the Respondent, being the leading horse turning for home. The Respondent had then allowed his horse to shift into the passing lane. HOMEBUSH LAD, driven by the Respondent, which had been racing three places back on the markers, had improved to be trailing HENRY HUBERT, and was entitled to full access to the passing lane. HOMEBUSH LAD was forced over several markers in the final straight as HENRY HUBERT shifted in.

The Respondent said that he was driving his horse with the left hand (he is a right-handed Driver). The horse was getting tired and hung in.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that to date this season, the Respondent has had 59 drives and, in the extended 2022 season, he had 680 drives. His record under the Rule is clear. The Penalty Guide starting point for a breach of Rule 869(4) is a 2-days suspension, which is an appropriate penalty for this breach.

Mr McIntyre said that the Respondent incurred a 14-days suspension in Australia on 25 February commencing after 6 March, up to and including 18 March.

The Respondent asked the Adjudicative Committee to consider a 1-day penalty, or a combined penalty of a suspension and a fine, having regard to his admission of the breach and good record.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (effective 1 February 2023) suggests a starting point for penalty of a 2-days suspension. Such a starting point does not leave any scope for a discount for mitigating factors. The Respondent has admitted the breach and has a good record. However, any discount for mitigating factors would have to be, obviously, 1 day which would be an excessive 50% discount. A combined penalty was not considered.

The Respondent is suspended for 2 days as per the Penalty Guide.

CONCLUSION:

The Respondent, Driver Tim Williams, is suspended for 2 days commencing on 19 March 2023 and ending on 22 March 2023.