Auckland RC 10 March 2018 – R 8 – Chair, Mr A Dooley
ID: JCA18224
Code:
Thoroughbred
Meet Title:
Auckland RC - 10 March 2018
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2018/03/10
Race Number:
R8
Decision:
For the reasons detailed above we find the charge against Mr Cameron proved.
Penalty:
The Committee grants a deferment to Mr Cameron’s suspension pursuant to Rule 1106(2).
Accordingly, the Committee suspended Mr Cameron’s license to ride in races for the period to commence after racing on 17 March 2018 and conclude after racing on 4 April 2018.
Facts:
Following the running of race 8, Bonecrusher New Zealand Stakes (Group 1), an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 900 metres Mr M Cameron, LIZZIE L’AMOUR, angled his mount out when insufficiently clear of DARSCAPE PRINCESS which was hampered being forced wider.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Cameron denied the breach and acknowledged that he understood the Rule and the nature of the charge.
Submissions for Decision:
The salient points of the lengthy hearing are as follows:
Mr Williamson demonstrated the alleged incident using all the available video angles. He identified that approaching the 900 metres LIZZIE L’AMOUR was racing 3 back on the fence and adjacent to the running rail. He said to his outside was DARSCAPE PRINCESS who was racing a neck behind LIZZIE L’AMOUR. He identified that Mr Cameron commenced to angle his mount outwards and highlighted that he had LIZZIE L’AMOUR's head turned out.
Mr Williamson said the video footage had established that:
• Mr Cameron was not the required distance clear when angling his mount out
• Mr Cameron’s actions caused interference to DARSCAPE PRINCESS forcing that runner to a 4 wide position
• Mr Cameron’s actions resulted in DARSCAPE PRINCESS being unbalanced
• Mr Browne, the rider of DARSCAPE PRINCESS, relinquished his position when forced wider on the track
• As a result of the interference DARSCAPE PRINCESS lost 1 ½ lengths
Mr Williamson said that the Stewards accept competitive riding to a degree but was of the view that Mr Cameron’s shift was an aggressive move which unbalanced both runners. He added that DARSCAPE PRINCESS went onto run 2nd in the race.
Under cross examination, Mr Cameron disputed the fact that DARSCAPE PRINCESS became unbalanced when he angled his mount out. Mr Williamson reaffirmed his view of the interference.
Mr Oatham called Mr Browne as a witness.
Mr Browne initially said that when Mr Cameron angled his mount out Mr Cameron was ¾ of a length clear of him. He said that he had anticipated the manoeuvre and his mount wasn’t going well enough to put Mr Cameron in a pocket. He said that Mr Cameron was entitled to come out. However, when further queried on this point by Mr Oatham, Mr Browne conceded that Mr Cameron was only a neck in advance when angling his mount out. Mr Browne accepted that his mount received some contact from LIZZIE L’AMOUR and he said that Mr Cameron had forced him out from a 2 wide position to a 4 wide position.
Under cross examination from Mr Cameron, Mr Browne said that the racing manners of his mount were “not the best” and this enabled Mr Cameron to come out.
In response to a question from the Committee, Mr Browne stated that he ended up racing in a 4 wide position a result of being pushed out by Mr Cameron.
In his evidence Mr Cameron said that he was racing 3 back on the fence when he eased off the rails. He acknowledged that his mount’s head was turned outwards but he disputed that DARSCAPE PRINCESS became unbalanced. He said that he was ½ a length in front of DARSCAPE PRINCESS and he was able to dictate Mr Browne’s mount outwards. Mr Cameron said that he rode in a competitive manner and he was of the view that Mr Browne had “missed the boat”. Mr Cameron conceded that “he pushed out” Mr Browne but disputed that it was careless riding.
Mr Oatham said that the Stewards had a different view to Mr Cameron and had no questions of Mr Cameron in cross examination.
In summing up Mr Oatham said that Mr Cameron angled his mount out when not his own length and one other length clear. He said the films clearly showed that contact occurred between the 2 horses. He identified that Mr Cameron shifted from a position adjacent to rail and ended up in a 3 wide position. He said that DARSCAPE PRINCESS was unbalanced and hampered being forced to a 4 wide position, then having to be steadied to obtain cover. He said the incident cost DARSCAPE PRINCESS about 1 ½ lengths at an important part of the race.
In summing up Mr Cameron reiterated his earlier evidence and stated that it was competitive riding and not careless riding.
Reasons for Decision:
The Committee carefully considered all the evidence and submissions presented and studied the video films of the alleged incident. It was evident on the video films that Mr Cameron angled his mount out when only a neck in front of DARSCAPE PRINCESS near the 900 metres. The initial shift by Mr Cameron was just 1 horse width but he then continued to force DARSCAPE PRINCESS from a 2 wide position to a 4 wide position when not sufficiently clear. This resulted in Mr Browne having to steady his mount and ease back to obtain some cover. The films confirmed that the incident cost DARSCAPE PRINCESS approximately 1 ½ lengths.
In his defence Mr Cameron argued that his shift off the fence was not a careless act, but rather the result of competitive riding between Mr Browne and himself. He contended that Mr Browne was looking to hold LIZZIE L’AMOUR in a pocket but was unsuccessful because he was able to ease LIZZIE L’AMOUR out and prevent his mount from being pocketed. Mr Cameron submitted that Mr Browne effectively “missed the boat” and it was due to his quick reaction in making the shift outwards when he did. He further argued that neither horses became off balanced and interference, if any was minimal. The Committee disagree that Mr Cameron's actions were simply the result of competitive riding. Mr Cameron made a conscious and deliberate decision to shift off the fence near the 900 metres. The shift was, therefore, neither unintentional or by mistake and in doing so, there was not the required distance between LIZZIE L’AMOUR and DARSCAPE PRINCESS. Further, Mr Cameron was not entitled to dictate DARSCAPE PRINCESS wider on the track; and nor was he, under the circumstances entitled to take that horses rightful running line. We do accept that the outward shift by Mr Cameron was not abrupt, but in executing the manoeuvre he did not take all reasonable steps to avoid interfering with the chances of DARSCAPE PRINCESS.
In our opinion the video evidence was compelling and supported the Stewards interpretation of the alleged interference.
Submissions for Penalty:
Mr Oatham produced Mr Cameron’s record which showed 3 previous breaches under this Rule in the last 12 months. He said that Mr Cameron’s move was deliberate which the Stewards considered to be unacceptable. He said that Mr Browne initially tried to hold Mr Cameron in but he gave up easily. He described the carelessness as mid-range and the aggravating factors were the breach occurred in a Group 1 race worth $200,000. In conclusion Mr Oatham assessed Mr Cameron’s record as a neutral factor.
Mr Cameron advised that he had firm commitments up to and including 17 March and therefore sought a 7 day deferment to fulfil those engagements.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee after reviewing the video films, as detailed above, deemed the level of carelessness displayed by Mr Cameron to be mid-range.
The JCA Penalty Guide starting point for a mid-range breach is 8 national days which we adopted.
The Committee also had regard for Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
The aggravating factors were the breach occurred in a Group 1 race with stake payable of $200,000 and as a consequence of Mr Cameron’s actions DARSCAPE PRINCESS was forced wider on the track and the incident cost that runner 1 ½ lengths. For these combined factors a 3 day uplift in penalty was applied.
The Committee deemed Mr Cameron’s record for a busy rider to be average and a neutral factor.
There were no mitigating factors.
After taking into account all the above factors the Committee considered that an appropriate suspension was 11 national riding days.
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: fe4c6180091c755c59cba41b7240e3ff
informantnumber: A10055
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 12/03/2018
hearing_title: Auckland RC 10 March 2018 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Bonecrusher New Zealand Stakes (Group 1), an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 900 metres Mr M Cameron, LIZZIE L’AMOUR, angled his mount out when insufficiently clear of DARSCAPE PRINCESS which was hampered being forced wider.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Cameron denied the breach and acknowledged that he understood the Rule and the nature of the charge.
appealdecision:
isappeal:
submissionsfordecision:
The salient points of the lengthy hearing are as follows:
Mr Williamson demonstrated the alleged incident using all the available video angles. He identified that approaching the 900 metres LIZZIE L’AMOUR was racing 3 back on the fence and adjacent to the running rail. He said to his outside was DARSCAPE PRINCESS who was racing a neck behind LIZZIE L’AMOUR. He identified that Mr Cameron commenced to angle his mount outwards and highlighted that he had LIZZIE L’AMOUR's head turned out.
Mr Williamson said the video footage had established that:
• Mr Cameron was not the required distance clear when angling his mount out
• Mr Cameron’s actions caused interference to DARSCAPE PRINCESS forcing that runner to a 4 wide position
• Mr Cameron’s actions resulted in DARSCAPE PRINCESS being unbalanced
• Mr Browne, the rider of DARSCAPE PRINCESS, relinquished his position when forced wider on the track
• As a result of the interference DARSCAPE PRINCESS lost 1 ½ lengths
Mr Williamson said that the Stewards accept competitive riding to a degree but was of the view that Mr Cameron’s shift was an aggressive move which unbalanced both runners. He added that DARSCAPE PRINCESS went onto run 2nd in the race.
Under cross examination, Mr Cameron disputed the fact that DARSCAPE PRINCESS became unbalanced when he angled his mount out. Mr Williamson reaffirmed his view of the interference.
Mr Oatham called Mr Browne as a witness.
Mr Browne initially said that when Mr Cameron angled his mount out Mr Cameron was ¾ of a length clear of him. He said that he had anticipated the manoeuvre and his mount wasn’t going well enough to put Mr Cameron in a pocket. He said that Mr Cameron was entitled to come out. However, when further queried on this point by Mr Oatham, Mr Browne conceded that Mr Cameron was only a neck in advance when angling his mount out. Mr Browne accepted that his mount received some contact from LIZZIE L’AMOUR and he said that Mr Cameron had forced him out from a 2 wide position to a 4 wide position.
Under cross examination from Mr Cameron, Mr Browne said that the racing manners of his mount were “not the best” and this enabled Mr Cameron to come out.
In response to a question from the Committee, Mr Browne stated that he ended up racing in a 4 wide position a result of being pushed out by Mr Cameron.
In his evidence Mr Cameron said that he was racing 3 back on the fence when he eased off the rails. He acknowledged that his mount’s head was turned outwards but he disputed that DARSCAPE PRINCESS became unbalanced. He said that he was ½ a length in front of DARSCAPE PRINCESS and he was able to dictate Mr Browne’s mount outwards. Mr Cameron said that he rode in a competitive manner and he was of the view that Mr Browne had “missed the boat”. Mr Cameron conceded that “he pushed out” Mr Browne but disputed that it was careless riding.
Mr Oatham said that the Stewards had a different view to Mr Cameron and had no questions of Mr Cameron in cross examination.
In summing up Mr Oatham said that Mr Cameron angled his mount out when not his own length and one other length clear. He said the films clearly showed that contact occurred between the 2 horses. He identified that Mr Cameron shifted from a position adjacent to rail and ended up in a 3 wide position. He said that DARSCAPE PRINCESS was unbalanced and hampered being forced to a 4 wide position, then having to be steadied to obtain cover. He said the incident cost DARSCAPE PRINCESS about 1 ½ lengths at an important part of the race.
In summing up Mr Cameron reiterated his earlier evidence and stated that it was competitive riding and not careless riding.
reasonsfordecision:
The Committee carefully considered all the evidence and submissions presented and studied the video films of the alleged incident. It was evident on the video films that Mr Cameron angled his mount out when only a neck in front of DARSCAPE PRINCESS near the 900 metres. The initial shift by Mr Cameron was just 1 horse width but he then continued to force DARSCAPE PRINCESS from a 2 wide position to a 4 wide position when not sufficiently clear. This resulted in Mr Browne having to steady his mount and ease back to obtain some cover. The films confirmed that the incident cost DARSCAPE PRINCESS approximately 1 ½ lengths.
In his defence Mr Cameron argued that his shift off the fence was not a careless act, but rather the result of competitive riding between Mr Browne and himself. He contended that Mr Browne was looking to hold LIZZIE L’AMOUR in a pocket but was unsuccessful because he was able to ease LIZZIE L’AMOUR out and prevent his mount from being pocketed. Mr Cameron submitted that Mr Browne effectively “missed the boat” and it was due to his quick reaction in making the shift outwards when he did. He further argued that neither horses became off balanced and interference, if any was minimal. The Committee disagree that Mr Cameron's actions were simply the result of competitive riding. Mr Cameron made a conscious and deliberate decision to shift off the fence near the 900 metres. The shift was, therefore, neither unintentional or by mistake and in doing so, there was not the required distance between LIZZIE L’AMOUR and DARSCAPE PRINCESS. Further, Mr Cameron was not entitled to dictate DARSCAPE PRINCESS wider on the track; and nor was he, under the circumstances entitled to take that horses rightful running line. We do accept that the outward shift by Mr Cameron was not abrupt, but in executing the manoeuvre he did not take all reasonable steps to avoid interfering with the chances of DARSCAPE PRINCESS.
In our opinion the video evidence was compelling and supported the Stewards interpretation of the alleged interference.
Decision:
For the reasons detailed above we find the charge against Mr Cameron proved.
sumissionsforpenalty:
Mr Oatham produced Mr Cameron’s record which showed 3 previous breaches under this Rule in the last 12 months. He said that Mr Cameron’s move was deliberate which the Stewards considered to be unacceptable. He said that Mr Browne initially tried to hold Mr Cameron in but he gave up easily. He described the carelessness as mid-range and the aggravating factors were the breach occurred in a Group 1 race worth $200,000. In conclusion Mr Oatham assessed Mr Cameron’s record as a neutral factor.
Mr Cameron advised that he had firm commitments up to and including 17 March and therefore sought a 7 day deferment to fulfil those engagements.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee after reviewing the video films, as detailed above, deemed the level of carelessness displayed by Mr Cameron to be mid-range.
The JCA Penalty Guide starting point for a mid-range breach is 8 national days which we adopted.
The Committee also had regard for Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
The aggravating factors were the breach occurred in a Group 1 race with stake payable of $200,000 and as a consequence of Mr Cameron’s actions DARSCAPE PRINCESS was forced wider on the track and the incident cost that runner 1 ½ lengths. For these combined factors a 3 day uplift in penalty was applied.
The Committee deemed Mr Cameron’s record for a busy rider to be average and a neutral factor.
There were no mitigating factors.
After taking into account all the above factors the Committee considered that an appropriate suspension was 11 national riding days.
penalty:
The Committee grants a deferment to Mr Cameron’s suspension pursuant to Rule 1106(2).
Accordingly, the Committee suspended Mr Cameron’s license to ride in races for the period to commence after racing on 17 March 2018 and conclude after racing on 4 April 2018.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr M Cameron - Class A Rider
Otherperson: Mr M Williamson - Senior Stipendiary Steward, Mr D Browne - Class A Rider of DARSCAPE PRINCESS
PersonPresent:
Respondent:
StipendSteward:
raceid: 935fb9528c583d03719c9275a5f0173d
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race_title: R8
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meetdate: 10/03/2018
meet_title: Auckland RC - 10 March 2018
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