Archive Decision

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Ashburton TC 14 November 2013 – R 9

ID: JCA12409

Applicant:
Mr N Ydgren-Stipendiary Steward

Respondent(s):
Mr K Cameron-Open Horseman

Information Number:
A2431

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Ashburton TC - 14 November 2013

Meet Chair:
SChing

Meet Committee Member 1:
KHales

Race Date:
2013/11/14

Race Number:
R9

Decision:

 The charge was found proved.

Penalty:

Mr Cameron horseman’s licence was suspended from the conclusion of racing 15 November up to and including racing on 29 November 2013. This encompasses the meetings at Dunedin on 21 November, Timaru on 23 November, Banks Peninsula on 24 November and Christchurch on 29 November.

Facts:

Mr Hales declared an interest in the protest decision (which gave rise to this information) because of his professional relationship with Mr GR Lamb the owner of SHANTALIA KNIGHT. Insofar as the charge of careless driving is concerned, Mr Hales recorded that he has no connection with Mr K Cameron and has not met him before. Thus Mr Hales did not consider that he was in a position of conflict by sitting as a panelist, as the outcome would have no impact on his relationship with Mr Lamb.

Following the running of Race 9, the Canterbury Wool Brokers & Len Bell Memorial Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr K Cameron alleging that Mr Cameron, as the driver of SHANTALIA KNIGHT in the race, “drove carelessly when shifting ground outwards in the run home severely checking CALL ME DANNY, driven by Mr J Anderson, which galloped and lost its chance.”

Mr Cameron informed the Committee that he understood the rule he was charged with and confirmed that he admitted the breach.

Rule 869 (3) (b provides as follows:

(3) No horseman in any race shall drive:-
(b) carelessly;

This charge arose out of a successful protest where SHANTALIA KNIGHT was relegated from 4th to 13th due to the alleged interference. Mr Ydgren used video replays of the relevant part of the race. He pointed out Mr Cameron, driving SHANTALIA KNIGHT, shift out sharply and make solid contact with CALL ME DANNY near the 200m, causing that horse to gallop and lose all chance. This incident also inconvenienced two runners on the outside of CALL ME DANNY. Mr Ydgren submitted that the level of carelessness was mid to high.

Mr Cameron made no comment or submissions in regard to the incident.

Submissions for Penalty:

Mr Ydgren said that Mr Cameron had driven on 182 occasions last season with 22 drives so far this season. He told the Committee that Mr Cameron had admitted the breach at the first opportunity and had a clear record in regard to this rule in the previous 12 months. Mr Ydgren stated that the level of carelessness was in the mid to high range. He said the JCA Penalty Guide gives a starting point of a 10 drive suspension or a $500 fine when causing relegation. Mr Ydgren submitted that if a monetary penalty was to be imposed, a fine of $400 be considered. However, he said that if a term of suspension was to be imposed, that a 3 day suspension be considered. He stated that Mr Cameron on average has 2-3 drives per race day.

Mr Cameron submitted to the Committee that he would prefer a suspension as penalty.

Reasons for Penalty:

In determining penalty the Committee took into consideration all mitigating and aggravating factors including Mr Cameron’s frank admission of the breach and his good record. Against this is the fact that as a result of his carelessness, relegation has taken place. We also find the level of carelessness to be in the mid to high range. Taking account of all factors we determined that a 4 day term of suspension was the appropriate penalty.

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: 5920ae7ecb57d0604247a8c48f9241bb


informantnumber: A2431


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 18/11/2013


hearing_title: Ashburton TC 14 November 2013 - R 9


charge:


facts:

Mr Hales declared an interest in the protest decision (which gave rise to this information) because of his professional relationship with Mr GR Lamb the owner of SHANTALIA KNIGHT. Insofar as the charge of careless driving is concerned, Mr Hales recorded that he has no connection with Mr K Cameron and has not met him before. Thus Mr Hales did not consider that he was in a position of conflict by sitting as a panelist, as the outcome would have no impact on his relationship with Mr Lamb.

Following the running of Race 9, the Canterbury Wool Brokers & Len Bell Memorial Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr K Cameron alleging that Mr Cameron, as the driver of SHANTALIA KNIGHT in the race, “drove carelessly when shifting ground outwards in the run home severely checking CALL ME DANNY, driven by Mr J Anderson, which galloped and lost its chance.”

Mr Cameron informed the Committee that he understood the rule he was charged with and confirmed that he admitted the breach.

Rule 869 (3) (b provides as follows:

(3) No horseman in any race shall drive:-
(b) carelessly;

This charge arose out of a successful protest where SHANTALIA KNIGHT was relegated from 4th to 13th due to the alleged interference. Mr Ydgren used video replays of the relevant part of the race. He pointed out Mr Cameron, driving SHANTALIA KNIGHT, shift out sharply and make solid contact with CALL ME DANNY near the 200m, causing that horse to gallop and lose all chance. This incident also inconvenienced two runners on the outside of CALL ME DANNY. Mr Ydgren submitted that the level of carelessness was mid to high.

Mr Cameron made no comment or submissions in regard to the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

 The charge was found proved.


sumissionsforpenalty:

Mr Ydgren said that Mr Cameron had driven on 182 occasions last season with 22 drives so far this season. He told the Committee that Mr Cameron had admitted the breach at the first opportunity and had a clear record in regard to this rule in the previous 12 months. Mr Ydgren stated that the level of carelessness was in the mid to high range. He said the JCA Penalty Guide gives a starting point of a 10 drive suspension or a $500 fine when causing relegation. Mr Ydgren submitted that if a monetary penalty was to be imposed, a fine of $400 be considered. However, he said that if a term of suspension was to be imposed, that a 3 day suspension be considered. He stated that Mr Cameron on average has 2-3 drives per race day.

Mr Cameron submitted to the Committee that he would prefer a suspension as penalty.


reasonsforpenalty:

In determining penalty the Committee took into consideration all mitigating and aggravating factors including Mr Cameron’s frank admission of the breach and his good record. Against this is the fact that as a result of his carelessness, relegation has taken place. We also find the level of carelessness to be in the mid to high range. Taking account of all factors we determined that a 4 day term of suspension was the appropriate penalty.


penalty:

Mr Cameron horseman’s licence was suspended from the conclusion of racing 15 November up to and including racing on 29 November 2013. This encompasses the meetings at Dunedin on 21 November, Timaru on 23 November, Banks Peninsula on 24 November and Christchurch on 29 November.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr N Ydgren-Stipendiary Steward


JockeysandTrainer: Mr K Cameron-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9f89c042851bfede29209ea913c608c8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5aac877f4f73375ce0793231361ef5a5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/11/2013


meet_title: Ashburton TC - 14 November 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: KHales


meet_pm2: none


name: Ashburton TC