Rangiora HRC 28 June 2015 – R 10 (heard at Addington on 16 July 2015)
ID: JCA19262
Hearing Type (Code):
harness-racing
Decision:
BEFORE A JUDICIAL COMMITTEE
IN THE MATTER of the New Zealand Harness Rules of Racing
IN THE MATTER of Information No. A3613
BETWEEN MR S WALLIS, Stipendiary Steward for the Racing Integrity Unit
Informant
AND MR I CAMERON of 417 Johns Road, RD1, Rangiora, Licensed Open Horseman
Respondent
Date of Hearing: 16 July 2015
Venue: Addington Raceway, Christchurch
Judicial Committee: S C Ching, Chair - R G McKenzie, Committee Member
Present: Mr S Renault, Stipendiary Steward, for the Informant
Mr I Cameron, the Respondent
Mr G Laing, Open Horseman
Date of Decision: 16 July 2015
DECISION OF JUDICIAL COMMITTEE
The Charge
[1] Information No.A3613 alleges that:
On the 28th day of June 2015, Ian Cameron, being the driver of GIN RUMMY in Race 10, the Hurunui River Handicap Trot, at the Rangiora Harness Racing Club meeting, drove carelessly passing the 2100m when attempting to shift ground inwards causing the trailing BERKSHIRE SON, driven by G Laing, to strike his wheel and break.
This was the resumption of an adjourned hearing from Race 10 at the Rangiora Harness Racing Club’s meeting held on 26 June 2015.
The Rules
[2] Rule 869 (3)(b) of the Harness Rules of Racing provides as follows:
[3] No horseman in any race shall drive:-
(b) carelessly;
The Plea
[4] Mr Cameron had signed the Statement by the Respondent at the foot of the information form indicating that he did not admit the breach of the Rule. He confirmed this at the hearing. Mr Cameron also confirmed that he understood the Rule he was being charged under.
Summary of Facts
[5] Stipendiary Steward Mr S Renault, representing the Informant Mr Wallis, gave evidence and produced video replays to show Mr Cameron driving GIN RUMMY in the parked position heading out of the straight for the first time with BERKSHIRE SON, driven by Mr Laing, on his inner trailing the leader. Mr Renault pointed out Mr Cameron easing back near the 2100m and attempting to take a gap immediately in front of Mr Laing. Mr Cameron, he said, when shifting down, was not clear in this manoeuvre and as a result Mr Laing’s horse struck the sulky wheel of GIN RUMMY causing BERKSHIRE SON to break.
[6] Mr Renault called on Mr G Laing to give evidence, who stated that he could see that when Mr Cameron was attempting to shift inwards to take up a position in front of him, that he was going to be short of room. He said his horse was trotting well and “on the steel” at the time. He said he attempted to pull back in an attempt to make room for Mr Cameron when he was shifting in. Mr Laing stated that as Mr Cameron was shifting down his horse struck the sulky wheel of GIN RUMMY and broke. In answer to a question from Mr Renault, Mr Laing stated that he was pulling back because he was running out of room and that in his opinion there was not enough room for Mr Cameron to shift into the gap ahead. Mr Laing said that there was definite contact and no doubt his horse touched the sulky wheel of GIN RUMMY. He stated that was the reason BERKSHIRE SON broke.
[7] In cross examination Mr Cameron asked Mr Laing if he was sure his horse touched his wheel and that this was what caused his horse to break. Mr Laing confirmed that the only reason BERKSHIRE SON broke was because his horse touched the sulky wheel of GIN RUMMY. Mr Cameron had noticed that BERKSHIRE SON had broken at his recent races and workouts, and seemed prone to breaking. He said that at the recent Timaru meeting, BROOKSIDE SON had broken on the home turn and asked Mr Laing if that was because of interference on that occasion. Mr Laing stated that it was not interference that caused the breaking but that the horse had got “on the steel” when the other horses packed up around him and he “lost his footing”.
[8] Mr Cameron stated that he observed a full gap in front of Mr Laing and decided to ease back and shift into it. He said that there was sufficient room to shift down into this gap. He said Mr Laing had then come again up the inside and just touched his sulky wheel causing his own horse to break. He stated that he was certain that he was established on the lead horses back for a stride before Mr Laing’s horse broke. He used the back straight video replays to show this. Mr Cameron said he was adamant that Mr Laing’s horse struck his wheel after he was established behind the leader.
[9] Mr Renault summed up by stating that Mr Cameron was never clear in this manoeuvre and that Mr Laing had to take a hold because it was getting tight. He said that Mr Cameron continued on in an inward movement and eventually the leg of Mr Laing’s horse struck the wheel of Mr Cameron’s horse. He also said Mr Cameron has driven carelessly by shifting down when insufficiently clear of Mr Laing.
Reasons for Decision
[10] We carefully considered all evidence, relative video replays and submissions presented to us. The Committee was satisfied that near the 2100m, Mr Cameron, driving GIN RUMMY, attempted to shift down and take up a position on the pylons and behind the lead horse, in front of BERKSHIRE SON, driven by Mr Laing. We found the clear evidence of Mr Laing of the incident to be compelling. Mr Laing was adamant that Mr Cameron was not clear when attempting to shift down in front him and was of the opinion that there was not enough room for Mr Cameron to shift down. He also stated that he pulled back on his horse to try and make room for Mr Cameron as he was running out of room himself at this point. The Committee also found the video replays of the incident to be compelling. They confirmed that Mr Cameron was never clear to shift down and that Mr Laing’s horses head was always inside the sulky wheel of Mr Cameron throughout.
Horsemen have a duty of care to ensure when shifting ground they do so safely and with sufficient room. We find that Mr Cameron has clearly misjudged this manoeuvre on this occasion. We therefore find the charge proved.
Decision:
[11] We find the charge proved.
Submissions of Informant on Penalty
[12] Mr Renault stated that Mr Cameron had a total of 5448 lifetime drives with 48 drives last season and 56 so far this season. He said that Mr Cameron had a clear record in regard to this rule over the previous 12 months with the level of this breach being low to mid in his opinion. He stated that the JCA Penalty Guidelines indicated a starting point of a $500 fine or a suspension of 8 drives for a breach of this rule. Mr Renault submitted that a fine of no less than $300 or a 3 day suspension be considered as penalty in this case.
Submissions of Respondent on Penalty
[13 Mr Cameron submitted that he would prefer a suspension as penalty in this case. Mr Cameron stated that he normally drove on 2-3 occasions at each meeting in the Canterbury region.
Reasons for Penalty
[14] In determining penalty the Committee took the JCA Penalty Guide starting point of a $500 fine or 8 drive suspension for a breach of this Rule. The Committee agreed with the Stewards’ submission that the breach was at a low to mid-level. After taking all factors into consideration the Committee decided that an appropriate penalty in this case was one of suspension.
[15] In taking the JCA Penalty Guide stating point of 8 drives or 4 days, we were able to give Mr Cameron a discount of 2 drives or 1 day for his good record and the low to mid level of the breach.
[16] The Committee determined that a 3 day suspension was an appropriate penalty in this case.
[17] The matter of deferment was not an option for Mr Cameron as the fields were drawn for the upcoming Ashburton meeting and the next Canterbury meeting was at Christchurch on 26 July.
Penalty
[18] Mr Cameron’s horseman’s license was suspended from the conclusion of racing on 19 July up to and including 31 July 2015. This suspension encompasses the meetings at Christchurch on 24 July, Rangiora 26 July and Christchurch 31 July 2015.
S C Ching R G McKenzie
Chair Committee Member
Decision Date: 28/06/2015
Publish Date: 28/06/2015
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: 2dc35e6ab9dabe83ac3977da2cc37fd7
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/06/2015
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Rangiora HRC 28 June 2015 - R 10 (heard at Addington on 16 July 2015)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
BEFORE A JUDICIAL COMMITTEE
IN THE MATTER of the New Zealand Harness Rules of Racing
IN THE MATTER of Information No. A3613
BETWEEN MR S WALLIS, Stipendiary Steward for the Racing Integrity Unit
Informant
AND MR I CAMERON of 417 Johns Road, RD1, Rangiora, Licensed Open Horseman
Respondent
Date of Hearing: 16 July 2015
Venue: Addington Raceway, Christchurch
Judicial Committee: S C Ching, Chair - R G McKenzie, Committee Member
Present: Mr S Renault, Stipendiary Steward, for the Informant
Mr I Cameron, the Respondent
Mr G Laing, Open Horseman
Date of Decision: 16 July 2015
DECISION OF JUDICIAL COMMITTEE
The Charge
[1] Information No.A3613 alleges that:
On the 28th day of June 2015, Ian Cameron, being the driver of GIN RUMMY in Race 10, the Hurunui River Handicap Trot, at the Rangiora Harness Racing Club meeting, drove carelessly passing the 2100m when attempting to shift ground inwards causing the trailing BERKSHIRE SON, driven by G Laing, to strike his wheel and break.
This was the resumption of an adjourned hearing from Race 10 at the Rangiora Harness Racing Club’s meeting held on 26 June 2015.
The Rules
[2] Rule 869 (3)(b) of the Harness Rules of Racing provides as follows:
[3] No horseman in any race shall drive:-
(b) carelessly;
The Plea
[4] Mr Cameron had signed the Statement by the Respondent at the foot of the information form indicating that he did not admit the breach of the Rule. He confirmed this at the hearing. Mr Cameron also confirmed that he understood the Rule he was being charged under.
Summary of Facts
[5] Stipendiary Steward Mr S Renault, representing the Informant Mr Wallis, gave evidence and produced video replays to show Mr Cameron driving GIN RUMMY in the parked position heading out of the straight for the first time with BERKSHIRE SON, driven by Mr Laing, on his inner trailing the leader. Mr Renault pointed out Mr Cameron easing back near the 2100m and attempting to take a gap immediately in front of Mr Laing. Mr Cameron, he said, when shifting down, was not clear in this manoeuvre and as a result Mr Laing’s horse struck the sulky wheel of GIN RUMMY causing BERKSHIRE SON to break.
[6] Mr Renault called on Mr G Laing to give evidence, who stated that he could see that when Mr Cameron was attempting to shift inwards to take up a position in front of him, that he was going to be short of room. He said his horse was trotting well and “on the steel” at the time. He said he attempted to pull back in an attempt to make room for Mr Cameron when he was shifting in. Mr Laing stated that as Mr Cameron was shifting down his horse struck the sulky wheel of GIN RUMMY and broke. In answer to a question from Mr Renault, Mr Laing stated that he was pulling back because he was running out of room and that in his opinion there was not enough room for Mr Cameron to shift into the gap ahead. Mr Laing said that there was definite contact and no doubt his horse touched the sulky wheel of GIN RUMMY. He stated that was the reason BERKSHIRE SON broke.
[7] In cross examination Mr Cameron asked Mr Laing if he was sure his horse touched his wheel and that this was what caused his horse to break. Mr Laing confirmed that the only reason BERKSHIRE SON broke was because his horse touched the sulky wheel of GIN RUMMY. Mr Cameron had noticed that BERKSHIRE SON had broken at his recent races and workouts, and seemed prone to breaking. He said that at the recent Timaru meeting, BROOKSIDE SON had broken on the home turn and asked Mr Laing if that was because of interference on that occasion. Mr Laing stated that it was not interference that caused the breaking but that the horse had got “on the steel” when the other horses packed up around him and he “lost his footing”.
[8] Mr Cameron stated that he observed a full gap in front of Mr Laing and decided to ease back and shift into it. He said that there was sufficient room to shift down into this gap. He said Mr Laing had then come again up the inside and just touched his sulky wheel causing his own horse to break. He stated that he was certain that he was established on the lead horses back for a stride before Mr Laing’s horse broke. He used the back straight video replays to show this. Mr Cameron said he was adamant that Mr Laing’s horse struck his wheel after he was established behind the leader.
[9] Mr Renault summed up by stating that Mr Cameron was never clear in this manoeuvre and that Mr Laing had to take a hold because it was getting tight. He said that Mr Cameron continued on in an inward movement and eventually the leg of Mr Laing’s horse struck the wheel of Mr Cameron’s horse. He also said Mr Cameron has driven carelessly by shifting down when insufficiently clear of Mr Laing.
Reasons for Decision
[10] We carefully considered all evidence, relative video replays and submissions presented to us. The Committee was satisfied that near the 2100m, Mr Cameron, driving GIN RUMMY, attempted to shift down and take up a position on the pylons and behind the lead horse, in front of BERKSHIRE SON, driven by Mr Laing. We found the clear evidence of Mr Laing of the incident to be compelling. Mr Laing was adamant that Mr Cameron was not clear when attempting to shift down in front him and was of the opinion that there was not enough room for Mr Cameron to shift down. He also stated that he pulled back on his horse to try and make room for Mr Cameron as he was running out of room himself at this point. The Committee also found the video replays of the incident to be compelling. They confirmed that Mr Cameron was never clear to shift down and that Mr Laing’s horses head was always inside the sulky wheel of Mr Cameron throughout.
Horsemen have a duty of care to ensure when shifting ground they do so safely and with sufficient room. We find that Mr Cameron has clearly misjudged this manoeuvre on this occasion. We therefore find the charge proved.
Decision:
[11] We find the charge proved.
Submissions of Informant on Penalty
[12] Mr Renault stated that Mr Cameron had a total of 5448 lifetime drives with 48 drives last season and 56 so far this season. He said that Mr Cameron had a clear record in regard to this rule over the previous 12 months with the level of this breach being low to mid in his opinion. He stated that the JCA Penalty Guidelines indicated a starting point of a $500 fine or a suspension of 8 drives for a breach of this rule. Mr Renault submitted that a fine of no less than $300 or a 3 day suspension be considered as penalty in this case.
Submissions of Respondent on Penalty
[13 Mr Cameron submitted that he would prefer a suspension as penalty in this case. Mr Cameron stated that he normally drove on 2-3 occasions at each meeting in the Canterbury region.
Reasons for Penalty
[14] In determining penalty the Committee took the JCA Penalty Guide starting point of a $500 fine or 8 drive suspension for a breach of this Rule. The Committee agreed with the Stewards’ submission that the breach was at a low to mid-level. After taking all factors into consideration the Committee decided that an appropriate penalty in this case was one of suspension.
[15] In taking the JCA Penalty Guide stating point of 8 drives or 4 days, we were able to give Mr Cameron a discount of 2 drives or 1 day for his good record and the low to mid level of the breach.
[16] The Committee determined that a 3 day suspension was an appropriate penalty in this case.
[17] The matter of deferment was not an option for Mr Cameron as the fields were drawn for the upcoming Ashburton meeting and the next Canterbury meeting was at Christchurch on 26 July.
Penalty
[18] Mr Cameron’s horseman’s license was suspended from the conclusion of racing on 19 July up to and including 31 July 2015. This suspension encompasses the meetings at Christchurch on 24 July, Rangiora 26 July and Christchurch 31 July 2015.
S C Ching R G McKenzie
Chair Committee Member
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(3)(b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid:
race_expapproval:
racecancelled:
race_noreport:
race_emailed1:
race_emailed2:
race_title:
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid:
meet_expapproval:
meet_noreport:
waitingforpublication:
meet_emailed1:
meet_emailed2:
meetdate: no date provided
meet_title:
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation:
meet_racingtype:
meet_chair:
meet_pm1:
meet_pm2:
name: