NZ Metro TC – 20 May 2005 – Race 3

Following the running of Race 3, Inter Island Horse Transport Mobile Trot, an information was filed by Mr N G McIntyre, Stipendiary Steward, against Licensed Open Horseman, Mr I R Cameron, alleging a breach of the push-out Rule in that Mr Cameron, as the driver of GINA?S BRIGHTEST in the Race, forced SUMMIT INVASION (R A Jenkins) to race wider on the track with approximately 1700 metres to run.

Mr Cameron did not admit the breach.

At the outset of the hearing, panel member, Mr J M Phelan, indicated that he wished to stand down on the ground that Mr Cameron was personally known to him. Mr Phelan left the room and the hearing proceeded in his absence.

Mr Jenkins stated that, with 1700 metres to run, he was in the 1/1. He said that he been instructed to try and get his mare to settle. He said he had her settled nicely and was about a neck behind the sulky of the horse he was trailing. The outside line had started to move forward and, as they did so, he reached down and pulled the earplugs. At that stage, Mr Cameron came out. Mr Jenkins confirmed that he was racing outside the wheel of GINA?S BRIGHTEST and that he was forced to race wider on the track. When asked by Mr McIntyre whether he was moving forward, Mr Jenkins said he "may have lost his momentum a fraction" but the outside line was moving fprward, he said.

Mr B D Williams, Stipendiary Steward, showed video replays of the incident. He pointed out Mr

Cameron in the trail and ZAIRE (D J Butt) move to the lead. He pointed out MAMALU (R D Holmes) improve outside the leader and Mr Jenkins trailing MAMALU. Mr Jenkins was back slightly but still improving. Mr Williams alleged that Mr Jenkins stopped improving as but not before Mr Cameron improved out on GINA?S BRIGHTEST and Mr Jenkins restrained SUMMIT INVASION. Mr Williams stated that Mr Jenkins was definitely progressing forward on the outside of GINA?S BRIGHTEST prior to Mr Cameron's coming out on that horse.

When questioned by Mr Cameron, Mr Jenkins stated that he had momentarily "lost contact" when he pulled the earplugs and the speed of the outside line increased but he was still improving, he said. In response to a question from the Committee, Mr Jenkins stated that he believed that he was still going forward until Mr Cameron came out. He stated that he had pulled the earplugs because the pace had increased and had stopped going forward because he had been pushed out. He had been instructed to pull the earplugs early in the Race.

Mr Cameron said that he believed that, if the horse improving had stopped going forward, he was entitled to move out. He conceded that SUMMIT INVASION had been gradually moving up but alleged that it then "hit a flat patch", momentarily dropped back and rolled out slightly at which point Mr Cameron came out, as he believed he was entitled to do. It was a "split second" but gave him sufficient time to come out.

The Committee was satisfied, based on the evidence of Messrs Jenkins and Williams, and from its own observations from the video evidence, that the elements of a breach of the push-out Rule had been established. The Committee was satisfied that Mr Jenkins was making a forward move and his nose was, clearly, past Mr Cameron's sulky wheel and he was forced to race wider on the track. The key to the charge was whether SUMMIT INVASION was making a forward movement when Mr Cameron moved ground outwards and the Committee was satisfied, on the evidence, that it was. Accordingly, the charge of a breach of the push-out Rule against Mr Cameron was found to be proved.

In relation to penalty, Mr McIntyre informed the Committee that Mr Cameron's record for the last 12 months was clear. He submitted that the Race was on a premier night for a stake of $22,500. As a consequence of the breach, Mr Jenkins lost two racing positions. Mr McIntyre recommended a fine of $350-400.

In determining penalty, the Committee took into account, firstly, Mr Cameron's good record and, also, that there was some merit in Mr Cameron's defence to the charge. Mr Jenkins had not been improving at great speed. It was not a breach at the top end of the scale.

Mr Cameron was fined the sum of $300.