Archive Decision

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Auckland TC 24 June 2016 – R 7 – Chair, Mr A Godsalve

ID: JCA18059

Applicant:
Mr J Muirhead Stipendiary Steward

Respondent(s):
Mr T Cameron, Junior Horseman

Other Person:
Mr J Abernethy, Open horseman assisting Mr Cameron

Information Number:
A7449

Hearing Type:
Hearing

New Charge:
Driving carelessly

Rules:
Rule 869(4)

Plea:
admitted

Meet Title:
Auckland TC - 24 June 2016

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2016/06/24

Race Number:
R7

Decision:

As the breach has been admitted we find the charge proved.

Penalty:

Accordingly we impose a fine of $300 on Mr Cameron.

Facts:

Following the running of Race 7, the SMITH $ PARTNERS LAWYERS WINTER CUP (HCP PACE) 2700m, an Information was laid alleging that Junior Driver Mr T Cameron drove carelessly when he improved BETTORS POCKET where there was insufficient room in between THOMAS MCBRIDE and NEW YEARS JAY impeding the latter horse's progress  and forcing it over the markers in the run home.

Mr Cameron, assisted by Mr Abernethy was present at the hearing and acknowledged that he admitted the breach.

At an earlier hearing BETTORS POCKET was relegated from 3rd to 4th placing after Mr Cameron did not contest a protest alleging that he had interfered with NEW YEARS JAY.

Rule 869(4) states ' No horseman in any race shall drive carelessly

Using the available films Mr Muirhead identified the horses involved in this matter. He pointed out that as the field entered the home straight BETTORS POCKET was behind THOMAS MCBRIDE driven by Mr T Mitchell. NEW YEARS JAY was slightly behind and inside of BETTORS POCKET. It was then apparent that Mr Cameron initially shifted off his line as if to pass THOMAS MCBRIDE on the outside, and then shifted back towards the passing lane. In the meantime Mr D Butcher driving NEW YEARS JAY had taken the passing lane as he was entitled to do. Mr Cameron continued on a path towards the passing lane, putting pressure on  NEW YEARS JAY which forced NEW YEARS JAY over the marker lane. As a result Mr Butcher was impeded and unable to drive his horse out. BETTORS POCKET eventually finished 3rd, one head in front of NEW YEARS JAY.

Neither Mr Cameron or Mr Abernethy had anything to say on this matter.

Submissions for Penalty:

Mr Muirhead produced Mr Cameron's driving record which showed no prior breaches of this Rule in the preceeding 12 months. He said it was to Mr Cameron's credit that he admitted the breach. Mr Muirhead referred to the JCA Penalty Guide which shows a starting point of a 3 day suspension or a a $400 fine for a breach of this Rule. Mr Muirhead stated that the stewards believed a fine would be a suitable penalty in this instance, and referred to the earlier protest hearing which resulted in a relegation.

Mr Abernethy stated that Mr Cameron was a Junior Driver and had admitted the breach. He felt a fine in the vicinity of $200 would be appropriate.

Reasons for Penalty:

The Committee took account of the submissions of the parties when assessing an appropriate penalty. We accept that Mr Cameron is a Junior Driver who has a clear record over the past 12 months, and that he has admitted the breach.

Against that, his actions in persisting to pressure Mr Butcher's horse in the run home resulted in a relegation, and we have to treat that as an aggravating factor. We assess Mr Cameron's carelessness to be in the mid range on the level of seriousness, and believe that his penalty should be uplifted when compared to other drivers who have been fined for similar breaches when no relegation resulted.

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: e80f165a2bbb622b37ad55c1d77c5865


informantnumber: A7449


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Driving carelessly


plea: admitted


penaltyrequired: 1


decisiondate: 28/06/2016


hearing_title: Auckland TC 24 June 2016 - R 7 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 7, the SMITH $ PARTNERS LAWYERS WINTER CUP (HCP PACE) 2700m, an Information was laid alleging that Junior Driver Mr T Cameron drove carelessly when he improved BETTORS POCKET where there was insufficient room in between THOMAS MCBRIDE and NEW YEARS JAY impeding the latter horse's progress  and forcing it over the markers in the run home.

Mr Cameron, assisted by Mr Abernethy was present at the hearing and acknowledged that he admitted the breach.

At an earlier hearing BETTORS POCKET was relegated from 3rd to 4th placing after Mr Cameron did not contest a protest alleging that he had interfered with NEW YEARS JAY.

Rule 869(4) states ' No horseman in any race shall drive carelessly

Using the available films Mr Muirhead identified the horses involved in this matter. He pointed out that as the field entered the home straight BETTORS POCKET was behind THOMAS MCBRIDE driven by Mr T Mitchell. NEW YEARS JAY was slightly behind and inside of BETTORS POCKET. It was then apparent that Mr Cameron initially shifted off his line as if to pass THOMAS MCBRIDE on the outside, and then shifted back towards the passing lane. In the meantime Mr D Butcher driving NEW YEARS JAY had taken the passing lane as he was entitled to do. Mr Cameron continued on a path towards the passing lane, putting pressure on  NEW YEARS JAY which forced NEW YEARS JAY over the marker lane. As a result Mr Butcher was impeded and unable to drive his horse out. BETTORS POCKET eventually finished 3rd, one head in front of NEW YEARS JAY.

Neither Mr Cameron or Mr Abernethy had anything to say on this matter.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach has been admitted we find the charge proved.


sumissionsforpenalty:

Mr Muirhead produced Mr Cameron's driving record which showed no prior breaches of this Rule in the preceeding 12 months. He said it was to Mr Cameron's credit that he admitted the breach. Mr Muirhead referred to the JCA Penalty Guide which shows a starting point of a 3 day suspension or a a $400 fine for a breach of this Rule. Mr Muirhead stated that the stewards believed a fine would be a suitable penalty in this instance, and referred to the earlier protest hearing which resulted in a relegation.

Mr Abernethy stated that Mr Cameron was a Junior Driver and had admitted the breach. He felt a fine in the vicinity of $200 would be appropriate.


reasonsforpenalty:

The Committee took account of the submissions of the parties when assessing an appropriate penalty. We accept that Mr Cameron is a Junior Driver who has a clear record over the past 12 months, and that he has admitted the breach.

Against that, his actions in persisting to pressure Mr Butcher's horse in the run home resulted in a relegation, and we have to treat that as an aggravating factor. We assess Mr Cameron's carelessness to be in the mid range on the level of seriousness, and believe that his penalty should be uplifted when compared to other drivers who have been fined for similar breaches when no relegation resulted.


penalty:

Accordingly we impose a fine of $300 on Mr Cameron.


hearing_type: Hearing


Rules: Rule 869(4)


Informant: Mr J Muirhead Stipendiary Steward


JockeysandTrainer: Mr T Cameron, Junior Horseman


Otherperson: Mr J Abernethy, Open horseman assisting Mr Cameron


PersonPresent:


Respondent:


StipendSteward:


raceid: 89b15d73603db5c19b2434af0d7f6d13


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 29abb914f6d9df8528668ac117271896


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/06/2016


meet_title: Auckland TC - 24 June 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Auckland TC