Archive Decision

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Auckland TC 24 August 2018 – R4 – Chair, Mr A Smith

ID: JCA15691

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr T Cameron - Junior Horseman

Other Person:
Mr J Muirhead - Senior Stipendiary Steward

Information Number:
A10308

Hearing Type:
Hearing

New Charge:
Causing Interference

Rules:
869(4)

Plea:
admitted

Meet Title:
Auckland TC - 24 August 2018

Meet Chair:
ASmith

Meet Committee Member 1:
GJones

Race Date:
2018/08/24

Race Number:
R4

Decision:

The breach is admitted and is therefore proved. 

Penalty:

Accordingly the Committee suspends Mr Cameron’s driving license commencing after racing tonight 24/8/2018 until after racing on 6/9/2018. 4 drives (2 days).

Facts:

Following the running of race 4 the United Cleaning Services Mobile Pace 2200m. The Informant Senior Stipendiary Steward, Mr S Mulcay, alleged that Mr Cameron "drove MACHBRAD in a manner near the 700 metres which resulted in interference to AUTHENTIC (T Mitchell) & YSHADOWME which both paced roughly and lost ground."

Mr Cameron endorsed the information “I do admit the breach of the rule”.

Rule 869(4) provides;
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.

Using available video footage Mr Mulcay demonstrated the incident. He told the Judicial Committee (the ‘Committee’) that as the field approached the 800m mark, MACHBRAD was racing in last place on the marker line. AUTHENTIC was racing on the outer and forward of MACHBRAD, when AUTHENTIC commenced to pace roughly for several strides. This enabled Mr Cameron to drive forward on the inside of AUTHENTIC and in doing so he shifted out and made slight contact.

When spoken to by Stewards following a post race investigation, Mr Mitchell (AUTHENTIC) advised that his horse paced roughly on its own volition, but did concede that his horse received a bump from MACHBRAD.

Mr Mulcay said the onus is on Mr Cameron to complete any shift without causing interference to another runner and in this case the shift made by Mr Cameron was abrupt.

In response Mr Cameron said that he agreed with the Stewards' assessment of the incident and added that when he allowed his horse to shift up into the gap it over reacted.

Submissions for Penalty:

Mr Mulcay advised the Committee that Mr Cameron has a clear record under this particular rule. He assessed the breach to be in the low- medium range, and said that Mr Cameron should be given credit for his admission of the breach and the fact Mr Mitchell's horse (AUTHENTIC) was pacing roughly when the interference occurred.

Mr Cameron said that there were mitigating circumstances and in his view the breach was at the lower end of the scale. He also asked the committee to take into account his good record.
Mr Cameron said that he would prefer a suspension rather than a fine and if a suspension was imposed he could commence this immediately.

Reasons for Penalty:

In assessing penalty the Committee has taken into account all submissions and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.

We noted that although MACHBRAD did make contact with AUTHENTIC it is relevant that AUTHENTIC was already pacing roughly prior to the interference occurring.

We have assessed the breach to be at the low end and have had regard for Mr Cameron’s admission of the breach and good driving record in relation to this rule

The JCA Penalty Guidelines establish a starting point of $300 or 6 drives for a breach of rule 869(4). In the circumstances of this particular case the Committee believe that a 4 drive suspension is an appropriate penalty.

Mr Cameron advised that he generally has between 2 & 3 drives per meeting in the Northern region.

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: c3c27a1747e9245c19a1a178bcbe4632


informantnumber: A10308


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Causing Interference


plea: admitted


penaltyrequired: 1


decisiondate: 24/08/2018


hearing_title: Auckland TC 24 August 2018 - R4 - Chair, Mr A Smith


charge:


facts:

Following the running of race 4 the United Cleaning Services Mobile Pace 2200m. The Informant Senior Stipendiary Steward, Mr S Mulcay, alleged that Mr Cameron "drove MACHBRAD in a manner near the 700 metres which resulted in interference to AUTHENTIC (T Mitchell) & YSHADOWME which both paced roughly and lost ground."

Mr Cameron endorsed the information “I do admit the breach of the rule”.

Rule 869(4) provides;
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.

Using available video footage Mr Mulcay demonstrated the incident. He told the Judicial Committee (the ‘Committee’) that as the field approached the 800m mark, MACHBRAD was racing in last place on the marker line. AUTHENTIC was racing on the outer and forward of MACHBRAD, when AUTHENTIC commenced to pace roughly for several strides. This enabled Mr Cameron to drive forward on the inside of AUTHENTIC and in doing so he shifted out and made slight contact.

When spoken to by Stewards following a post race investigation, Mr Mitchell (AUTHENTIC) advised that his horse paced roughly on its own volition, but did concede that his horse received a bump from MACHBRAD.

Mr Mulcay said the onus is on Mr Cameron to complete any shift without causing interference to another runner and in this case the shift made by Mr Cameron was abrupt.

In response Mr Cameron said that he agreed with the Stewards' assessment of the incident and added that when he allowed his horse to shift up into the gap it over reacted.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and is therefore proved. 


sumissionsforpenalty:

Mr Mulcay advised the Committee that Mr Cameron has a clear record under this particular rule. He assessed the breach to be in the low- medium range, and said that Mr Cameron should be given credit for his admission of the breach and the fact Mr Mitchell's horse (AUTHENTIC) was pacing roughly when the interference occurred.

Mr Cameron said that there were mitigating circumstances and in his view the breach was at the lower end of the scale. He also asked the committee to take into account his good record.
Mr Cameron said that he would prefer a suspension rather than a fine and if a suspension was imposed he could commence this immediately.


reasonsforpenalty:

In assessing penalty the Committee has taken into account all submissions and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.

We noted that although MACHBRAD did make contact with AUTHENTIC it is relevant that AUTHENTIC was already pacing roughly prior to the interference occurring.

We have assessed the breach to be at the low end and have had regard for Mr Cameron’s admission of the breach and good driving record in relation to this rule

The JCA Penalty Guidelines establish a starting point of $300 or 6 drives for a breach of rule 869(4). In the circumstances of this particular case the Committee believe that a 4 drive suspension is an appropriate penalty.

Mr Cameron advised that he generally has between 2 & 3 drives per meeting in the Northern region.


penalty:

Accordingly the Committee suspends Mr Cameron’s driving license commencing after racing tonight 24/8/2018 until after racing on 6/9/2018. 4 drives (2 days).


hearing_type: Hearing


Rules: 869(4)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Mr T Cameron - Junior Horseman


Otherperson: Mr J Muirhead - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: ddb40977980a3cdac18e68a1a09c1630


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3af3c6823b3b17283cae14eb069b4153


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/08/2018


meet_title: Auckland TC - 24 August 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: ASmith


meet_pm1: GJones


meet_pm2: none


name: Auckland TC