Matamata RC 8 May 2019 – R 6 – Chair, Mr A Dooley
ID: JCA11836
Code:
Thoroughbred
Meet Title:
Matamata RC - 8 May 2019
Meet Chair:
ADooley
Race Date:
2019/05/08
Race Number:
R6
Decision:
As Mr Cameron admitted the breach the Committee found the charge proved.
Penalty:
Mr Cameron was fined $750.
Facts:
Following the running of race 6, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 340.The Informant, Mr Jones, alleged that Mr Cameron misconducted himself by using offensive language directed towards Class A Rider Ms T Thornton following the finish of the race.
Rule 340 provides: A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
Mr Cameron said that he understood the Rule and confirmed he admitted the breach.
Mr Cameron told the Committee that he had no concerns or objections with the charge being heard on a race day.
Mr Jones advised the Committee that following the running of race 6 Ms T Thornton laid a complaint with the Stewards against Mr Cameron’s conduct. He stated Ms Thornton alleged that Mr Cameron said “you should retire you stupid old c**t” following the finish of race 6.
Mr Jones added that the Stewards interviewed Mr Cameron and he admitted that he used foul language. He said the Stewards take a hard line on that type of language being directed at other riders.
In response to questions from the Committee, Mr Cameron confirmed that Ms Thornton’s allegation of words used was correct. Mr Cameron said that he had not apologised to Ms Thornton.
Mr Cameron said that there was an incident near the 700 metres when Ms Thornton shifted inwards and pushed him onto another horse. He said he called out to Ms Thornton and she looked inwards and was “laughing at him”. He stated that he was upset because he heard Ms Thornton “laughing” when she shifted ground. He said his misconduct was in the heat of the moment following the finish of the race. In conclusion he said he was concerned for the safety of his fellow riders.
Submissions for Penalty:
Mr Jones said that Mr Cameron had a clear record under the misconduct Rule. He said there were a variety of charges under this Rule and they were fact dependent.
Mr Oatham referred to 4 other misconduct charges where the penalties imposed ranged from Mr Murray $200 fine to Ms Thornton $600 fine.
Mr Jones said that Mr Cameron conducted himself well during the Stewards' investigation into the incident and he was forthright. He said to Mr Cameron’s credit was his admission of the breach and his clear record. He submitted a fine in the vicinity of $500 would be appropriate.
Mr Cameron made no submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide states the starting point for a breach of Rule 340 is fact dependent.
The JCA database shows that there is a wide range of penalties imposed under the misconduct Rule. The penalties ranged from a $200 fine to a Jockey incurring a 6 week suspension. There is no precedent misconduct charge that is comparable to the particular circumstances of this case. It is notable that a high percentage of these charges have been heard as a Non Raceday Inquiry.
Mr Cameron’s behaviour towards Ms Thornton was unacceptable and disrespectful which fell well below the standard expected of an experienced Licensed Person. It is no defence to a charge of misconduct involving the use of offensive and insulting language, especially directed at a Female Jockey, that the person charged may have been provoked. In any event, that does not excuse or justify Mr Cameron’s actions, and for that he must be held accountable.
After considering the aggravating factors of this breach the Committee adopted a starting point of a $1,000. A significant fine was required to denounce such conduct.
The mitigating factors were Mr Cameron’s admission of the breach, his clear record under this Rule over a long period of time and his forthright manner with the Stewards. For these collective factors a reduction in penalty was applied.
After taking into account all matters the Committee considered that an appropriate penalty was a $750 fine.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 25b896f43b14612dc074435aa929b886
informantnumber: A11273
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Misconduct by using offensive language
plea: admitted
penaltyrequired: 1
decisiondate: 09/05/2019
hearing_title: Matamata RC 8 May 2019 - R 6 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 6, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 340.The Informant, Mr Jones, alleged that Mr Cameron misconducted himself by using offensive language directed towards Class A Rider Ms T Thornton following the finish of the race.
Rule 340 provides: A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
Mr Cameron said that he understood the Rule and confirmed he admitted the breach.
Mr Cameron told the Committee that he had no concerns or objections with the charge being heard on a race day.
Mr Jones advised the Committee that following the running of race 6 Ms T Thornton laid a complaint with the Stewards against Mr Cameron’s conduct. He stated Ms Thornton alleged that Mr Cameron said “you should retire you stupid old c**t” following the finish of race 6.
Mr Jones added that the Stewards interviewed Mr Cameron and he admitted that he used foul language. He said the Stewards take a hard line on that type of language being directed at other riders.
In response to questions from the Committee, Mr Cameron confirmed that Ms Thornton’s allegation of words used was correct. Mr Cameron said that he had not apologised to Ms Thornton.
Mr Cameron said that there was an incident near the 700 metres when Ms Thornton shifted inwards and pushed him onto another horse. He said he called out to Ms Thornton and she looked inwards and was “laughing at him”. He stated that he was upset because he heard Ms Thornton “laughing” when she shifted ground. He said his misconduct was in the heat of the moment following the finish of the race. In conclusion he said he was concerned for the safety of his fellow riders.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cameron admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that Mr Cameron had a clear record under the misconduct Rule. He said there were a variety of charges under this Rule and they were fact dependent.
Mr Oatham referred to 4 other misconduct charges where the penalties imposed ranged from Mr Murray $200 fine to Ms Thornton $600 fine.
Mr Jones said that Mr Cameron conducted himself well during the Stewards' investigation into the incident and he was forthright. He said to Mr Cameron’s credit was his admission of the breach and his clear record. He submitted a fine in the vicinity of $500 would be appropriate.
Mr Cameron made no submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide states the starting point for a breach of Rule 340 is fact dependent.
The JCA database shows that there is a wide range of penalties imposed under the misconduct Rule. The penalties ranged from a $200 fine to a Jockey incurring a 6 week suspension. There is no precedent misconduct charge that is comparable to the particular circumstances of this case. It is notable that a high percentage of these charges have been heard as a Non Raceday Inquiry.
Mr Cameron’s behaviour towards Ms Thornton was unacceptable and disrespectful which fell well below the standard expected of an experienced Licensed Person. It is no defence to a charge of misconduct involving the use of offensive and insulting language, especially directed at a Female Jockey, that the person charged may have been provoked. In any event, that does not excuse or justify Mr Cameron’s actions, and for that he must be held accountable.
After considering the aggravating factors of this breach the Committee adopted a starting point of a $1,000. A significant fine was required to denounce such conduct.
The mitigating factors were Mr Cameron’s admission of the breach, his clear record under this Rule over a long period of time and his forthright manner with the Stewards. For these collective factors a reduction in penalty was applied.
After taking into account all matters the Committee considered that an appropriate penalty was a $750 fine.
penalty:
Mr Cameron was fined $750.
hearing_type: Hearing
Rules: 340
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr M Cameron - Class A Rider
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f9959328d053f97d88c7f55041ad37ff
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 676060677ec3f70e58e38ae81db61c95
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/05/2019
meet_title: Matamata RC - 8 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: matamata-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Matamata RC