Wyndham HRC 5 September 2024 – R4 (heard 12 September 2024 at Invercargill) – Nathan Williamson

Following the running of Race 4, the Respondent, Mr Nathan Williamson (POUNAMU), admitted a breach of r 869(4) and the Home Straight Regulations in that he shifted ground inwards into the passing lane near the 200 metres hampering a trailing runner.

Rule 869 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 provides:

(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 inside lane.

(8) Failure to comply with . . . Clause 4 hereof shall be deemed a breach of r 869(4) of the NZ Rules of Harness Racing in respect of which rr 1003 and 869A apply.

Mr Munro showed on the video that POUNAMU, driven by Mr Williamson, was racing on the pylons as the field approached the home turn for the final time. POUNAMU was the leading horse on the running line as the field exited the turn. Mr Williamson, when driving POUNAMU out in the home straight, shifted inwards into the passing lane. In so doing, he came into the running line of the Driver behind. That horse (RYLAN CHARLIE) did not check, but it was hampered in its run. Mr Munro said that with Mr Williamson failing to maintain a straight course in the run home by driving POUNAMU into the passing lane and hampering the trailing runner, he was in breach of the Rule.

Mr Williamson admitted the breach and said he was driving defensively and had moved to the inside as a pre-emptive safety measure to relieve the pressure he perceived on his outside.

DECISION:

The charge is admitted by the Respondent and is found proved.

SUBMISSIONS FOR PENALTY:

Mr Munro stated that Mr Williamson had a clear record in regard to this Rule (other than a warning in May 2024). He said the Penalty Guide provided a 2-day suspension starting point for an initial breach of this Rule and submitted that a penalty commensurate with the Penalty Guide should be considered.

Mr Williamson elected to make no submissions in regard to penalty.

REASONS FOR PENALTY:

The Penalty Guide provides a starting point of a 2 day suspension for an initial breach of this Rule. The Adjudicative Committee has considered the circumstances of the breach — the horse in the passing lane being hampered but not checked and the reason for the Respondent shifting ground — and has found no uplift in penalty is warranted.

Mr Williamson is an experienced Driver. He has had 276 drives this season and has admitted the breach. His record is excellent under this Rule, but this fact is reflected in the starting point. The Adjudicative Committee could see no reason to depart from the starting point in the Penalty Guide and therefore determined that a 2-day suspension was the appropriate penalty.

CONCLUSION:

A 7-day deferment was sought by Mr Williamson and granted.

Mr Williamson is suspended from the conclusion of racing on 19 September 2024, up to and including 22 September 2024.