NZ Metro TC 3 May 2024 – R9 – Tim Williams

BACKGROUND:

Following the running of Race 9, Rico Lodge – Uncut Gems Mares Classic Mobile Pace (Listed Race), Licensed Open Driver, Tim Williams, denied a charge that, as the Driver of KAHLUA FLYBYE in the race, he “drove carelessly leaving the final bend when allowing his horse to drift outwards when being driven out”.

Rule 869 provides as follows:

(3)   No driver in any race shall drive:-

      (b) carelessly

 EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the relevant part of the race from the point where the field neared the home turn. He pointed out KAHLUA FLYBYE, driven by the Respondent, in the lead at that stage. Mr Renault alleged that the Respondent was driving his horse forward and, as he was doing so, the horse shifted up the track on the bend, presenting a run to the Stablemate, SWEET DIAMOND (Jonny Cox), which was racing in the trail, prior to the passing lane becoming available.

Mr Renault said there was no evidence that the Respondent’s actions were deliberate, or improper, or that he had made a run for the Stablemate. As he was driving forward, he had not kept enough control of the horse to ensure it did not track wider on the track. Mr Renault did demonstrate on the replay that there were two movements of the Respondent’s left hand, as he attempted to shift the horse back down track, but it was “too little, too late”, Mr Renault submitted. The horse had already shifted out. The Respondent’s carelessness was his lack of control.

The Respondent said that his horse was in front and, therefore, he was the running line and the first one around the bend.  His horse was racing “loosely”, off the bridle and under a drive and had “wobbled” around the last bend and “ducked out” for a couple of strides. He had corrected it, he said. His actions could not be described as careless, he submitted. He had not interfered with any other runner and was steering the horse. He felt he had given his horse the best opportunity to win the race.

The Respondent said that he was not racing on the marker line, but he was still leading the race and dictating the running line. His runner was comfortable racing off the marker line, he said.

DECISION:

The charge was dismissed.

REASONS FOR DECISION:

The test for careless driving is whether the Driver exercised the degree of care and attention that a reasonable and prudent Driver would exercise. It is important to note that it is not a standard of perfection.  As normally understood in a Harness Racing context, a careless act or omission would normally have consequences to another runner – causing interference, striking a wheel, forcing another runner over pylons or similar consequences.

Mr Renault has alleged that the Respondent has shifted out on the home turn, through lack of control. However, there was no runner to his outside and the Respondent, as the leader, was entitled to dictate the running line. Mr Renault alleged a lack of control on the Respondent’s part, but the Adjudicative Committee was not satisfied that this had been shown.

Furthermore, any advantage to the trailing runner, a Stablemate, was negligible in the Adjudicative Committee’s view. It may have got a passing lane run a stride or two early, but the Adjudicative Committee is satisfied that that was not the Respondent’s intention. The Respondent was doing the best for his horse and would not have given any advantage to any other runner. His horse fought all the way to the line and was gallant in finishing 3rd   – ¾ length and a ½ head from the winner.

The Adjudicative Committee finds that the Respondent drove in an acceptable manner. He did not inconvenience any other runner and did not drive carelessly as that is normally understood.  The evidence did not exclude the possibility that he had driven reasonably and prudently.

Finally, the Adjudicative Committee placed no weight on the evidence of the Stewards that the Stablemate was the trailing runner and had benefited from the Respondent’s alleged carelessness.