NZ Metro TC – 15 February 2008 – Race 8

hearingid: 99c4e7ce80b0bf4ba75c2f6af5c06767

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startdate: 15/02/2008

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hearing_title: NZ Metro TC - 15 February 2008 - Race 8

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DECISION AND REASONS:

Following the running of Race 8, First Sovereign Trust Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr I R Cameron, alleging that Mr Cameron drove carelessly in that, as the driver of GRECIAN STAR in the Race, he “allowed his horse to shift in with approximately 50 metres to run resulting in NAPA FRANCO (B N Orange) being tightened and breaking”.

Mr Cameron was present at the hearing of the information and did not admit the breach. As a preliminary matter, Mr Cameron questioned whether NAPA FRANCO had broken after the finishing line.  Mr McIntyre read to the hearing Rule 869 (9), which came into effect as from 25 August 2007:

For the purposes of sub-rules (2), (3) and (4), the “race” shall include the preliminaries, the starts, and time period after the finish whilst the horse remains on the race track.

Mr Orange stated that, just prior to the line, his horse was tiring and GRECIAN STAR ran or ducked in and “squeezed” him for room and his horse ended up galloping. Mr Orange confirmed, when cross-examined by Mr Cameron, that Mr Cameron had taken preventive action immediately he called to him.

Mr B D Williams, Stipendiary Steward, showed video replays of the final 150-200 metres of the Race. He pointed out GRECIAN STAR improving and NAPA FRANCO, the latter runner being under a drive and stopping. He then pointed out GRECIAN STAR run in and Mr Cameron strike the horse 3-4 times after it commenced its inward movement.  Just prior to the interference occurring, Mr Cameron did “grab” his horse but, by that time, it was too late for Mr Orange to avoid breaking. Mr Williams demonstrated, by reference to the side-on video replay that the interference occurred just prior to the winning post.

Mr Cameron stated that he was driving his horse out when, all of a sudden, it ducked in. He stopped driving and corrected it immediately Mr Orange called to him.  He alleged that Mr Orange’s horse had not broken straight away but “a few more strides on”.  He did not make contact with Mr Orange’s horse, he said. The chances of Mr Orange’s horse had not been affected.

Mr McIntyre submitted that Mr Cameron had made an error of judgment and had failed to straighten his horse until after the damage had been done.  He had been driving his horse to the post, as required by the Rules, however he had continued to drive and had “drifted in a fraction” and, as a result, the horse inside had galloped.

Following a deliberation, the Committee delivered the following oral decision:

“We have listened to the evidence and submissions of the parties in this matter and we have carefully viewed the video replays of the concluding stages of the Race.  The Committee is satisfied, on the basis of that evidence, that near the finish of the Race Mr Cameron allowed GRECIAN STAR to shift in, as alleged, resulting in NAPA FRANCO being tightened onto the inside horse and, as a consequence, breaking.  We find that GRECIAN STAR shifted in while being driven with the whip by Mr Cameron. We accept what Mr Cameron said – that he did make an attempt to straighten his horse when Mr Orange called to him - but, by that time, the damage had been done. We find that Mr Cameron drove carelessly in allowing GRECIAN STAR to shift in and, therefore, we find the charge proved”.

In relation to penalty, Mr McIntyre said that Mr Cameron is a senior horseman with 4,761 career drives and in this season to date, 43 drives.  He has not appeared on a charge for some time.  The breach, on this occasion, was at the lower end of the scale, Mr McIntyre said.  He recommended a fine of $150-200.

Mr Cameron said that it would be “years ago” since he last appeared on a charge.  Mr Cameron asked the Committee to consider a term of suspension rather than a fine.

Having regard to Mr Cameron’s excellent race driving record, Mr McIntyre’s submission that the breach was at the lower end of the scale and Mr Cameron’s preference for a suspension over a fine, Mr Cameron’s horseman’s licence was suspended from the conclusion of racing on 15 February 2008 up to and including Friday, 22 February 2008, effectively 2 days.

R G McKenzie    

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hearing_type: Old Hearing

Rules: 869.9

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raceid: 757678384da3210556ff67d33c76ca82

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race_title: Race 8

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meetdate: 15/02/2008

meet_title: NZ Metro TC - 15 February 2008

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name: NZ Metro TC