NZ Metro TC 3 October 2024 – R7 (heard 6 October 2024 at Methven) – Tim Williams

BACKGROUND:

Following the running of Race 7, Woodlands Sires’ Stakes Series 2YO C & G (Heat 4) Mobile Pace, Open Driver, Tim Williams, as the Driver of BETTORS ANVIL in the race, denied a charge that he drove carelessly, in that he shifted out when not clear of IRISH DREAM (Sheree Tomlinson), resulting in that runner being placed in restricted room before breaking (near the 600 metres).

The Information was filed with the Adjudicative Committee on racenight and adjourned. It was heard at the meeting of Methven TC at Mt Harding Racecourse, Methven, on 6 October 2024.

Rule 869 provides:

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

       (b) carelessly

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed video replays of the incident, with approximately 600 metres to run. He pointed out MALAKAI (Bob Butt) racing in the trail behind the leader, RUBIRA, and BETTORS ANVIL, driven by Mr Williams, racing three places back on the markers behind MALAKAI. Approaching the 600 metres, MALAKAI was in trouble and weakening out of it, Mr McIntyre said. Mr Williams shifted out at that stage. IRISH DREAM, driven by Ms Tomlinson, had improved to the outside of Mr Williams and MARKETPLACE (Craig Ferguson) was racing to her outside. Ms Tomlinson was forced to take “a severe hold” of her horse, Mr McIntyre said, for approximately 20 metres before she struck it once with the whip and it galloped.

Ms Tomlinson said that she had moved off the markers into the running line. As Mr Williams came out, she said, she had no room to move with a runner outside her and he had “squeezed” her up and she had lost her position. She stated that she believed that her horse would not have broken, but for the interference. She confirmed that all of the movement had come from her inside.

Mr Williams said that Mr Butt had yelled to him on two occasions. It was a “natural instinct” to move off his back. Everyone had given him some room to come out including, he believed, Ms Tomlinson. He admitted that he had put Ms Tomlinson in restricted room for a couple of strides to avoid what was happening in front of him, but there was no contact. He knew he could not shift out, but it was “purely a safety thing”, as he thought MALAKAI might come down, he said. He would not have moved out had Mr Butt not yelled, he said. He added that he received no benefit from the move.

Mr Butt was called as a witness by Mr Williams. Mr Butt said that when he took the trail behind Mr Orange’s runner, his horse became very “rank” and locked on one rein, hitting its outside knee very badly. It was still travelling well, but he could not steer it. He had called out, very loudly he said, to alert runners behind him to get off his back. Asked by the Adjudicative Committee, Mr McIntyre said that MALAKAI had been inspected by the Vet post-race and no abnormalities were found.

Mr McIntyre submitted that, had Mr Williams remained where he was, he would have been carted out the back of the field. As for his move being made for safety reasons, Mr McIntyre said, his movement was for his own safety, but he had compromised the safety of another Driver. The three options open to Mr Williams were to remain on Mr Butt’s back, to shift inside the pylons or to shift out, as he did. Mr Williams said that to have shifted inside the markers, would have meant taking his horse out of the race. He submitted that Ms Tomlinson had been able to give herself a little bit of room. He made the call at the time to shift out, he said.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

Careless driving is when a Driver fails to exercise a degree of care and attention that a reasonable and prudent Driver would exercise in the circumstances.

In the present case, Mr Williams was faced with a situation where the runner in front of him, MALAKAI, driven by Mr Butt, was stopping quite quickly and was even in some difficulty. The Adjudicative Committee heard that Mr Butt was calling out to alert Drivers of trailing runners, of that difficulty. The video replays confirmed that MALAKAI was on one rein and hanging, and stopping.

The question for the Adjudicative Committee is, did Mr Williams exercise the degree of care and attention that a reasonable and prudent Driver would have exercised, given those circumstances. This was not an easy question for the Adjudicative Committee to determine.

In the final analysis, the Adjudicative Committee finds that Mr Williams has taken the option of shifting out off the back of MALAKAI, when not in a position to do so, with Ms Tomlinson improving to his outside and with Mr Ferguson to her outside. This resulted in Ms Tomlinson’s runner being placed in restricted room, and breaking shortly after.

The Adjudicative Committee accepts that Mr Williams was placed in a position where he had to make a split-second choice of the three options spelled out by Mr McIntyre. Whilst his decision was understandable, it was a decision that compromised the safety of Ms Tomlinson and other runners and Drivers in the race. The reasonable and prudent course of action, in the circumstances, would have been to allow himself to be taken back through the field, which often happens, with the risks involved in that, or possibly to have shifted inside the markers if he feared for his own safety, even though this would have extinguished the chances of his own runner.

The Adjudicative Committee accepts that Mr Williams did what he did in what, he saw, as the interests of safety and that there was no intent on Mr Williams’ part to be careless, but it finds he did not heed or care about the consequences that may have followed from his shifting out as he did.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Williams has had 524 drives this season, 255 since his most recent breach of the Careless Driving Rule at Invercargill on 21 April 2024, when he was fined $250 for a low-level breach.

Mr McIntyre submitted that the breach was mid-range, for which the Penalty Guide suggested a starting point of a $500 fine or a 2-days suspension.

Mr Williams said that, if the fine was to be $500, he would prefer a suspension. He did not wish to have a deferment of any term of suspension.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) starting point for a first breach for a mid-level breach is a fine of $500 or a 2-days suspension and, for a low-level breach, a $300 fine or a 2-days suspension. The Adjudicative Committee assesses the level as being slightly below mid-level, having regard to the circumstances, which the Adjudicative Committee accepts, that Mr Williams was doing what he believed was the right thing in those circumstances. The Adjudicative Committee must take that into account, and does, in determining penalty.

The appropriate starting point for the breach is a fine of $400. Mr Williams is entitled to a discount from that starting point, for his very good record – 255 drives since his last breach – and the Adjudicative Committee fixes the discount at $100.

The breach can properly be dealt with by way of a fine, rather than a suspension and the Adjudicative Committee notes Mr Williams’ penalty submission, which it took to mean that he would take a suspension only if the fine imposed by the Adjudicative Committee was to be $500.

CONCLUSION:

The Respondent, Open Driver, Tim Williams, is fined $300.