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HR Waikato 22 August 2013 – R 8 (adjourned hearing heard 12 September 2013 at Cambridge)

ID: JCA18922

Hearing Type:
Old Hearing

Rules:
869(3)(b)

Hearing Type (Code):
harness-racing

Meet Title:
Cambridge HRC - 22 August 2013

Meet Chair:
AGodsalve

Meet Committee Member 1:
BScott

Race Date:
2013/08/22

Race Number:
R8

Decision:

HARNESS RACING WAIKATO 22 AUGUST 2013 – R8

Rules:  869(3)(b)

Committee:  BJ Scott (Chairman) - AL Godsalve (Committee Member)

Name:  Mr T Cameron – Junior Horseman

Informant:  Mr J Muirhead – Stipendiary Steward

Also Present:  Mr S Phelan – Senior Horseman assisting Mr Cameron

Information Number:  A3953

Plea:  Admitted

 

Charge:

Breach of Rule 869(3)(b) – Careless Driving

 

Evidence:

Following the running of Race 8 the Lis Mara @ Nevele R Stud Junior Drivers Mobile Pace an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Junior Horseman Mr T Cameron alleging that Mr Cameron drove SPLENDID BET carelessly allowing it to shift ground inwards causing a check to RANDALSTOWN (Driver J MacKinnon) with approximately 40 metres to run.

The Information was lodged at the Harness Racing Waikato’s Meeting on 22nd August 2013 but on the night Mr Cameron elected to defend the charge. The Information was accordingly opened and adjourned to a time to be fixed by the JCA and was then heard at Harness Racing Waikato’s Meeting on the 12th September 2013.

Mr Cameron was present at the Hearing and he was assisted by Senior Horseman Mr S Phelan. Mr Cameron advised the Committee that he had changed his plea and that he now admitted the breach of the charge.

Messrs Cameron and Phelan acknowledged that they understood the Rule.

Mr Muirhead demonstrated the incident by use of the Race Films. He relied in particular on the head on film which showed Mr Cameron’s horse on the outside of RANDALSTOWN with 40 or 50 metres to run and as it was moving past RANDALSTOWN it moved inwards causing interference to that horse and subsequent interference to horses on the inside. He said that there was contact between the sulky wheel of

Mr Cameron’s horse and the hind leg of RANDALSTOWN.

Mr Muirhead said that Mr Cameron tried to take corrective action but it was too little too late.

Mr Phelan on behalf of Mr Cameron said that Mr Cameron’s horse was wide in the straight and that RANDALSTOWN was moving inwards and Mr Cameron’s horse followed it down. He submitted that RANDALSTOWN did move inwards away from SPLENDID BET and this had contributed to the incident.

Mr Phelan pointed out that Mr Cameron had taken corrective action.

 

Decision:

The charge having been admitted is accordingly proved.

 

Submission for Penalty:

Mr Muirhead said that this was not a major incident and he pointed out that on the night there was a Protest into the first placing of SPLENDID BET but it was dismissed by the Committee on the night. He said that on the scale of seriousness it was at the lower end.

Mr Muirhead said that in mitigation Mr Cameron has now admitted the breach and he does have a good record. He is also a Junior Driver.

Mr Muirhead referred to the JCA Guidelines but submitted that because of the nature of the breach that a fine of $200.00 to $250.00 was appropriate.

Mr Phelan said that Mr Cameron had realised that he made a mistake and that he would learn from this experience. He also pointed out that it was at the very low end of the scale of seriousness and that Mr Cameron is a Junior Driver and does have a good record. He submitted that a fine of $200.00 was the maximum that should be imposed.

 

Reasons for Penalty:

The Committee listened to evidence, viewed the films and listened to the submissions of Messrs Muirhead and Phelan.

The Committee is also of view that this incident was at the lower end of the scale although the Committee pointed out to Mr Cameron that this incident did not need to happen because his horse appeared to be travelling comfortably and he needed to be aware that a horse in that situation, wider out on the track, might possibly run inwards.

The Committee notes the starting point penalty in the JCA Guidelines but we are going to deal with this matter by way of a fine which we have adjusted down because of the mitigating factors.

 

Penalty:

This Committee imposes a fine of $200.00 on Mr Cameron

 


BJ Scott          AL Godsalve
Chairman       Committee Member

19 September 2013

 

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: 1e6349ce5d6e68e4bc153c79cecbaee5


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hearing_racingtype: harness-racing


startdate: 22/08/2013


newcharge:


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penaltyrequired:


decisiondate: no date provided


hearing_title: HR Waikato 22 August 2013 - R 8 (adjourned hearing heard 12 September 2013 at Cambridge)


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

HARNESS RACING WAIKATO 22 AUGUST 2013 – R8

Rules:  869(3)(b)

Committee:  BJ Scott (Chairman) - AL Godsalve (Committee Member)

Name:  Mr T Cameron – Junior Horseman

Informant:  Mr J Muirhead – Stipendiary Steward

Also Present:  Mr S Phelan – Senior Horseman assisting Mr Cameron

Information Number:  A3953

Plea:  Admitted

 

Charge:

Breach of Rule 869(3)(b) – Careless Driving

 

Evidence:

Following the running of Race 8 the Lis Mara @ Nevele R Stud Junior Drivers Mobile Pace an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Junior Horseman Mr T Cameron alleging that Mr Cameron drove SPLENDID BET carelessly allowing it to shift ground inwards causing a check to RANDALSTOWN (Driver J MacKinnon) with approximately 40 metres to run.

The Information was lodged at the Harness Racing Waikato’s Meeting on 22nd August 2013 but on the night Mr Cameron elected to defend the charge. The Information was accordingly opened and adjourned to a time to be fixed by the JCA and was then heard at Harness Racing Waikato’s Meeting on the 12th September 2013.

Mr Cameron was present at the Hearing and he was assisted by Senior Horseman Mr S Phelan. Mr Cameron advised the Committee that he had changed his plea and that he now admitted the breach of the charge.

Messrs Cameron and Phelan acknowledged that they understood the Rule.

Mr Muirhead demonstrated the incident by use of the Race Films. He relied in particular on the head on film which showed Mr Cameron’s horse on the outside of RANDALSTOWN with 40 or 50 metres to run and as it was moving past RANDALSTOWN it moved inwards causing interference to that horse and subsequent interference to horses on the inside. He said that there was contact between the sulky wheel of

Mr Cameron’s horse and the hind leg of RANDALSTOWN.

Mr Muirhead said that Mr Cameron tried to take corrective action but it was too little too late.

Mr Phelan on behalf of Mr Cameron said that Mr Cameron’s horse was wide in the straight and that RANDALSTOWN was moving inwards and Mr Cameron’s horse followed it down. He submitted that RANDALSTOWN did move inwards away from SPLENDID BET and this had contributed to the incident.

Mr Phelan pointed out that Mr Cameron had taken corrective action.

 

Decision:

The charge having been admitted is accordingly proved.

 

Submission for Penalty:

Mr Muirhead said that this was not a major incident and he pointed out that on the night there was a Protest into the first placing of SPLENDID BET but it was dismissed by the Committee on the night. He said that on the scale of seriousness it was at the lower end.

Mr Muirhead said that in mitigation Mr Cameron has now admitted the breach and he does have a good record. He is also a Junior Driver.

Mr Muirhead referred to the JCA Guidelines but submitted that because of the nature of the breach that a fine of $200.00 to $250.00 was appropriate.

Mr Phelan said that Mr Cameron had realised that he made a mistake and that he would learn from this experience. He also pointed out that it was at the very low end of the scale of seriousness and that Mr Cameron is a Junior Driver and does have a good record. He submitted that a fine of $200.00 was the maximum that should be imposed.

 

Reasons for Penalty:

The Committee listened to evidence, viewed the films and listened to the submissions of Messrs Muirhead and Phelan.

The Committee is also of view that this incident was at the lower end of the scale although the Committee pointed out to Mr Cameron that this incident did not need to happen because his horse appeared to be travelling comfortably and he needed to be aware that a horse in that situation, wider out on the track, might possibly run inwards.

The Committee notes the starting point penalty in the JCA Guidelines but we are going to deal with this matter by way of a fine which we have adjusted down because of the mitigating factors.

 

Penalty:

This Committee imposes a fine of $200.00 on Mr Cameron

 


BJ Scott          AL Godsalve
Chairman       Committee Member

19 September 2013

 


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