Archive Decision

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Auckland TC 9 June 2017 – R 6 – Chair, Mr B Scott

ID: JCA17827

Applicant:
Mr JM Muirhead - Stipendiary Steward

Other Person:
Mr T McFarlane - Senior Driver assisting Mr Cameron

Information Number:
A9119

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Auckland TC - 9 June 2017

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2017/06/09

Race Number:
R 6

Decision:

The breach is admitted and accordingly the charge upheld.

Penalty:

The Committee imposes a fine of $250 on Mr Cameron.

Facts:

After the running of the MARLIN TRANSPORT MOBILE PACE, an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Junior Driver, Mr T Cameron alleging that Mr Cameron drove BETTORS POCKET carelessly when he failed to concede a position inside VASARI (Driver: D Butcher) near the 1900 metres mark causing his own horse to break.

Rule 869(3)(b) provides:
“No Horseman in any race shall drive carelessly.”

The Easing Down Regulation:
“Any Horseman who fails to concede when not in a position to maintain his/her place, may be charged under rule 869(3) Careless Driving.

Mr Muirhead demonstrated the incident by use of the race films and showed where at approximately the 900 metres mark Mr Butcher driving VASARI was on the outside of Mr Cameron but had an advantage over his horse. Mr Butcher eased back and down but at the same time Mr Cameron came out and attempted to hold his position which caused his own horse to break.

Mr McFarlane on behalf of Mr Cameron said that Mr Cameron tried to hold the other horse out but when he realised he couldn’t he then refrained from that movement and straightened his horse and then his horse galloped. He said his horse lost half a length but it hadn’t effected anybody or even his own horse’s chances. He said that Mr Cameron had pulled out of it but maybe a little slower that he should have.

Mr Cameron said he agreed with Mr McFarlane.

Submissions for Penalty:

Mr Muirhead said that the JCA guidelines provided for a starting point penalty of a $500 fine. He said that it was not the worst drive that he had seen and he suggested that the incident was at the low end of seriousness and that a fine of $250 was appropriate.

Mr McFarlane said that no other horses were effected and Mr Cameron ended up in the position that he would have if he had conceded the position. He said that Mr Cameron should be given credit for his admission of the breach and his clear record and suggested a fine lower than $250.

Reasons for Penalty:

The committee listened to both parties. The incident is clearly shown on the race films and we agree that the only horse effected was Mr Cameron’s horse and it was only minimally effected.

In our view this incident is at the lower end of the scale and we note that similar penalties range from $250 to $300. We believe a fine of $250 is appropriate.

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: f2a1e061907ddf09ebab1f39de76be0b


informantnumber: A9119


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 13/06/2017


hearing_title: Auckland TC 9 June 2017 - R 6 - Chair, Mr B Scott


charge:


facts:

After the running of the MARLIN TRANSPORT MOBILE PACE, an Information was lodged by Stipendiary Steward, Mr JM Muirhead against Junior Driver, Mr T Cameron alleging that Mr Cameron drove BETTORS POCKET carelessly when he failed to concede a position inside VASARI (Driver: D Butcher) near the 1900 metres mark causing his own horse to break.

Rule 869(3)(b) provides:
“No Horseman in any race shall drive carelessly.”

The Easing Down Regulation:
“Any Horseman who fails to concede when not in a position to maintain his/her place, may be charged under rule 869(3) Careless Driving.

Mr Muirhead demonstrated the incident by use of the race films and showed where at approximately the 900 metres mark Mr Butcher driving VASARI was on the outside of Mr Cameron but had an advantage over his horse. Mr Butcher eased back and down but at the same time Mr Cameron came out and attempted to hold his position which caused his own horse to break.

Mr McFarlane on behalf of Mr Cameron said that Mr Cameron tried to hold the other horse out but when he realised he couldn’t he then refrained from that movement and straightened his horse and then his horse galloped. He said his horse lost half a length but it hadn’t effected anybody or even his own horse’s chances. He said that Mr Cameron had pulled out of it but maybe a little slower that he should have.

Mr Cameron said he agreed with Mr McFarlane.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and accordingly the charge upheld.


sumissionsforpenalty:

Mr Muirhead said that the JCA guidelines provided for a starting point penalty of a $500 fine. He said that it was not the worst drive that he had seen and he suggested that the incident was at the low end of seriousness and that a fine of $250 was appropriate.

Mr McFarlane said that no other horses were effected and Mr Cameron ended up in the position that he would have if he had conceded the position. He said that Mr Cameron should be given credit for his admission of the breach and his clear record and suggested a fine lower than $250.


reasonsforpenalty:

The committee listened to both parties. The incident is clearly shown on the race films and we agree that the only horse effected was Mr Cameron’s horse and it was only minimally effected.

In our view this incident is at the lower end of the scale and we note that similar penalties range from $250 to $300. We believe a fine of $250 is appropriate.


penalty:

The Committee imposes a fine of $250 on Mr Cameron.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr JM Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson: Mr T McFarlane - Senior Driver assisting Mr Cameron


PersonPresent:


Respondent:


StipendSteward:


raceid: 37d85247fba7ea739368d17493b2e5e1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c3a6e1a6136490eca5e95012bfb82270


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/06/2017


meet_title: Auckland TC - 9 June 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC