Rangiora HRC 31 December 2012 – R 6 (heard at Addington on 24 January 2012)
ID: JCA22654
Hearing Type (Code):
harness-racing
Meet Title:
Rangiora HRC - 31 December 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2011/12/31
Race Number:
R 6
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S P Renault, Stipendiary Steward
Respondent: I R Cameron, Licensed Open Horseman
Information No: A5551
Meeting: Rangiora Harness Racing Club
Date: 31 December 2011
Venue: Rangiora Raceway, Rangiora
Rule No: 869 (4)
Race: 6
Judicial Committee: R G McKenzie, Chairman - S C Ching, Committee Member
Plea: Admitted
Facts:
Following the running of Race 6, McConchie Builders Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr I R Cameron, alleging a breach of Rule 869 (4) in that Mr Cameron, as the driver of FLAMING FREIDA in the race, at about the 1400 metres, shifted that horse down to the running line when not sufficiently clear of THE PERFECT STORM (J R Dunn) causing Mr Dunn to forfeit his position and restrain behind him.
Mr Renault produced a copy of a letter dated 19.1.12 signed by Mr M R Godber, Operations Manager of the Racing Integrity Unit, giving consent pursuant to Rule 1103 (4) (c) to the filing of the information.
The information was served on Mr Cameron on 19 January 2102. He had signed the Statement by the Respondent at the foot of the information form indicating that he did not admit the breach.
The hearing of the information took place at the meeting of New Zealand Metropolitan TC at Addington Raceway on 24 January 2012.
At the commencement of the hearing, Mr Cameron informed the Committee that he now wished to admit the charge.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Submissions:
Mr Renault showed a video replay of the race (a 2000 metres mobile start event) between the 1500 and the 1200 metres. He pointed out that, as the field approached the straight entrance, Mr Cameron was racing in 2nd position and 3-wide. THE PERFECT STORM was racing 3-back on the markers, but not up on the back of the horse it was trailing. At that point, ARDEN TORRES (G R Payne), which had been racing in the trail, went into a gallop forcing trailing horses, including THE PERFECT STORM, to go around it. Mr Renault pointed out Mr Cameron, still racing 3-wide. Mr Dunn settled back and was established 3-back on the markers and Mr Cameron had eased to 3-back on the outside, behind SPUNKY’S DREAM (T S Chmiel), and on the outside of and just ahead of Mr Dunn.
Mr Cameron then moved his horse down the track, taking up the position 3-back on the markers. This forced Mr Dunn into the passing lane and he had to pull back in behind Mr Cameron. He had lost his rightful racing position to Mr Cameron.
Mr Renault showed video replays of the incident from three different angles and, he submitted, each one showed that, at all times, Mr Dunn was on the inside of Mr Cameron. Mr Cameron did not have the opportunity to ease Mr Dunn down.
Mr Renault then showed the video to the finish of the race. Mr Dunn had raced 4-back on the markers. Mr Dunn was forced to come wide in the home straight and made up good ground on the leaders to finish 5th, 2½ lengths from the winner, whereas Mr Cameron’s horse had a clear run along the passing lane and had finished 8th. Mr Renault submitted that it was likely that Mr Dunn would have finished in a higher placing had he been able to maintain his rightful racing position.
Mr Renault alleged that Mr Cameron had caused interference to Mr Dunn.
Mr Cameron referred to the video replays. He stated that when ARDEN TORRES broke, he went wide to give Mr Dunn room to get around it. He submitted that it was common, in that situation, to allow inconvenienced runners to settle back into their previous position. He said that when he initially looked back, it appeared that Mr Dunn was preparing to angle out to get on his back. Mr Dunn did not call to him or give any indication otherwise he would have “hooked straight out”, Mr Cameron said. Following the incident with the breaking horse, the field was racing quite wide. Mr Dunn was the only one on the markers. There was always a gap between them and no contact was made at any stage, Mr Cameron said. Mr Dunn had made it look worse by proceeding up the passing lane. He could have easily taken hold and got back onto his back, Mr Cameron said. He had not forced Mr Dunn down into the passing lane – Mr Dunn had elected to go there, Mr Cameron submitted. He did not believe that there had been any “severe interference”.
Decision:
Mr Cameron having admitted the charge, the charge was found proved.
Penalty Decisions:
Mr Renault said that Mr Cameron is a very experienced driver. He has had 5,227 lifetime drives, 47 in the current season and 111 in the 2010/2011 season. He had not breached the Rule in the past 12 months.
He referred to the Penalty Guide which recommended a starting point for penalty under the Rule of a fine of $400. The breach was in the mid to high range, he submitted.
Mr Dunn had lost his position and supporters of THE PERFECT STORM had been affected as a consequence, Mr Renault said.
Mr Renault submitted that a fine of $350 was appropriate.
Mr Cameron submitted that the breach was not “top of the range”. He asked if the Committee would consider a term of suspension rather than a fine.
Mr Renault said that, if the Committee was minded to impose a suspension, the Stewards would be submitting that a suspension for 7 or 8 drives would be appropriate. Mr Cameron said that he had been driving quite regularly of late. He said he could have 5 or 6 drives in the next week. He informed the Committee that he currently has “half a dozen” horses racing from his stable.
The Committee then looked at upcoming meetings. Mr Cameron that he would possibly have drives at Forbury Park on 26 January and also at Oamaru on 29 January and Rangiora on 31 January.
Penalty Reasons:
In determining penalty, the Committee took into account Mr Cameron’s admission of the breach and his previous good record. The Committee was prepared to extend some leniency to Mr Cameron for the field clearly having been disrupted by the breaking horse upsetting the racing pattern and leading to some uncertainty on Mr Cameron’s part. The Committee rated the seriousness of the breach as being in the low-to-mid range.
The Committee had regard to Mr Cameron’s preference for a suspension over a fine. Had we been considering a fine, we would have considered a fine of $250-300 to be appropriate. This equates to 5 or 6 drives under the Penalty Guide.
On the basis that Mr Cameron would have, perhaps, two drives at each of the three meetings referred to, the Committee considered that a suspension of Mr Cameron’s licence for those three meetings was an appropriate penalty.
Penalty:
Mr Cameron’s Open Horseman’s Licence is suspended from after the close of racing on 24 January 2012 up to and including Tuesday, 31 January 2012 – effectively, 3 driving days.
R G McKenzie S C Ching
CHAIRMAN Committee Member
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: e311c53fb7032230f18728d07e725de3
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 31/12/2011
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Rangiora HRC 31 December 2012 - R 6 (heard at Addington on 24 January 2012)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S P Renault, Stipendiary Steward
Respondent: I R Cameron, Licensed Open Horseman
Information No: A5551
Meeting: Rangiora Harness Racing Club
Date: 31 December 2011
Venue: Rangiora Raceway, Rangiora
Rule No: 869 (4)
Race: 6
Judicial Committee: R G McKenzie, Chairman - S C Ching, Committee Member
Plea: Admitted
Facts:
Following the running of Race 6, McConchie Builders Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr I R Cameron, alleging a breach of Rule 869 (4) in that Mr Cameron, as the driver of FLAMING FREIDA in the race, at about the 1400 metres, shifted that horse down to the running line when not sufficiently clear of THE PERFECT STORM (J R Dunn) causing Mr Dunn to forfeit his position and restrain behind him.
Mr Renault produced a copy of a letter dated 19.1.12 signed by Mr M R Godber, Operations Manager of the Racing Integrity Unit, giving consent pursuant to Rule 1103 (4) (c) to the filing of the information.
The information was served on Mr Cameron on 19 January 2102. He had signed the Statement by the Respondent at the foot of the information form indicating that he did not admit the breach.
The hearing of the information took place at the meeting of New Zealand Metropolitan TC at Addington Raceway on 24 January 2012.
At the commencement of the hearing, Mr Cameron informed the Committee that he now wished to admit the charge.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Submissions:
Mr Renault showed a video replay of the race (a 2000 metres mobile start event) between the 1500 and the 1200 metres. He pointed out that, as the field approached the straight entrance, Mr Cameron was racing in 2nd position and 3-wide. THE PERFECT STORM was racing 3-back on the markers, but not up on the back of the horse it was trailing. At that point, ARDEN TORRES (G R Payne), which had been racing in the trail, went into a gallop forcing trailing horses, including THE PERFECT STORM, to go around it. Mr Renault pointed out Mr Cameron, still racing 3-wide. Mr Dunn settled back and was established 3-back on the markers and Mr Cameron had eased to 3-back on the outside, behind SPUNKY’S DREAM (T S Chmiel), and on the outside of and just ahead of Mr Dunn.
Mr Cameron then moved his horse down the track, taking up the position 3-back on the markers. This forced Mr Dunn into the passing lane and he had to pull back in behind Mr Cameron. He had lost his rightful racing position to Mr Cameron.
Mr Renault showed video replays of the incident from three different angles and, he submitted, each one showed that, at all times, Mr Dunn was on the inside of Mr Cameron. Mr Cameron did not have the opportunity to ease Mr Dunn down.
Mr Renault then showed the video to the finish of the race. Mr Dunn had raced 4-back on the markers. Mr Dunn was forced to come wide in the home straight and made up good ground on the leaders to finish 5th, 2½ lengths from the winner, whereas Mr Cameron’s horse had a clear run along the passing lane and had finished 8th. Mr Renault submitted that it was likely that Mr Dunn would have finished in a higher placing had he been able to maintain his rightful racing position.
Mr Renault alleged that Mr Cameron had caused interference to Mr Dunn.
Mr Cameron referred to the video replays. He stated that when ARDEN TORRES broke, he went wide to give Mr Dunn room to get around it. He submitted that it was common, in that situation, to allow inconvenienced runners to settle back into their previous position. He said that when he initially looked back, it appeared that Mr Dunn was preparing to angle out to get on his back. Mr Dunn did not call to him or give any indication otherwise he would have “hooked straight out”, Mr Cameron said. Following the incident with the breaking horse, the field was racing quite wide. Mr Dunn was the only one on the markers. There was always a gap between them and no contact was made at any stage, Mr Cameron said. Mr Dunn had made it look worse by proceeding up the passing lane. He could have easily taken hold and got back onto his back, Mr Cameron said. He had not forced Mr Dunn down into the passing lane – Mr Dunn had elected to go there, Mr Cameron submitted. He did not believe that there had been any “severe interference”.
Decision:
Mr Cameron having admitted the charge, the charge was found proved.
Penalty Decisions:
Mr Renault said that Mr Cameron is a very experienced driver. He has had 5,227 lifetime drives, 47 in the current season and 111 in the 2010/2011 season. He had not breached the Rule in the past 12 months.
He referred to the Penalty Guide which recommended a starting point for penalty under the Rule of a fine of $400. The breach was in the mid to high range, he submitted.
Mr Dunn had lost his position and supporters of THE PERFECT STORM had been affected as a consequence, Mr Renault said.
Mr Renault submitted that a fine of $350 was appropriate.
Mr Cameron submitted that the breach was not “top of the range”. He asked if the Committee would consider a term of suspension rather than a fine.
Mr Renault said that, if the Committee was minded to impose a suspension, the Stewards would be submitting that a suspension for 7 or 8 drives would be appropriate. Mr Cameron said that he had been driving quite regularly of late. He said he could have 5 or 6 drives in the next week. He informed the Committee that he currently has “half a dozen” horses racing from his stable.
The Committee then looked at upcoming meetings. Mr Cameron that he would possibly have drives at Forbury Park on 26 January and also at Oamaru on 29 January and Rangiora on 31 January.
Penalty Reasons:
In determining penalty, the Committee took into account Mr Cameron’s admission of the breach and his previous good record. The Committee was prepared to extend some leniency to Mr Cameron for the field clearly having been disrupted by the breaking horse upsetting the racing pattern and leading to some uncertainty on Mr Cameron’s part. The Committee rated the seriousness of the breach as being in the low-to-mid range.
The Committee had regard to Mr Cameron’s preference for a suspension over a fine. Had we been considering a fine, we would have considered a fine of $250-300 to be appropriate. This equates to 5 or 6 drives under the Penalty Guide.
On the basis that Mr Cameron would have, perhaps, two drives at each of the three meetings referred to, the Committee considered that a suspension of Mr Cameron’s licence for those three meetings was an appropriate penalty.
Penalty:
Mr Cameron’s Open Horseman’s Licence is suspended from after the close of racing on 24 January 2012 up to and including Tuesday, 31 January 2012 – effectively, 3 driving days.
R G McKenzie S C Ching
CHAIRMAN Committee Member
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(4)
Informant:
JockeysandTrainer:
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Respondent:
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