NZ Metro TC – 28 August 2009 – Race 7
ID: JCA19068
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 28 August 2009
Race Date:
2009/08/28
Race Number:
Race 7
Decision:
Following the running of Race 7, Storer Motors Limited Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Graduation Horseman, Mr M S Cations, alleging that Mr Cations “as the driver of ALMAZA drove incompetently when racing 3-wide for the majority of this event”.
--
Following the running of Race 7, Storer Motors Limited Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Graduation Horseman, Mr M S Cations, alleging that Mr Cations “as the driver of ALMAZA drove incompetently when racing 3-wide for the majority of this event”.
--Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(a) incompetently.
Mr Cations was present at the hearing of the information and indicated that he did not admit the charge.
--Mr Cations was then given the opportunity by the Committee, because of the serious nature of the charge, to have the hearing of the charge adjourned to enable him to prepare his defence to the charge. Mr Cations indicated that he wished the matter to proceed.
--Mrs Williams said that the manner in which Mr Cations drove ALMAZA in Race 7 was unacceptable and incompetent in that he drove his horse to race 3-wide throughout so that the horse had no chance of running a place and, consequently, it commenced to tire with approximately 600 metres to run. She referred to the horse’s form leading in to the Race (080000) and submitted that the horse would be better suited to a run handy or, at least, trailing another horse. Mr Cations had the opportunity to restrain to the rear of the field after which he could get a run 3-wide or take an inside run in the run home. It happens, on occasions, that a horse will get caught out 3-wide but there are actions that drivers can take – to go forward and sit parked or, if this is not an option, then to restrain, Mrs Williams said.
--Mr S P Renault, Stipendiary Steward, showed a video replay of the whole of the 1950 metres mobile start event. He pointed out ALMAZA, driven by Mr Cations, drawn barrier No.3. He pointed out that Mr Cations was unable to get in after the start. After the field settled into position, Mr Cations had only two horses behind him. He kept looking down but made no genuine attempt to get in and was happy to sit out there. He turned his whip round but made no attempt to go forward. The horse raced 3-wide, without cover, for an entire lap (1200 metres). Mr Cations then commenced to tap the horse up but it was a beaten horse at about the 600 metres and dropped out.
--Mrs Williams submitted that, for the first 600 metres of the Race, Mr Cations was entitled to and had the opportunity to ease back and ease down either of the two runners behind him. Those runners would have had to have moved down into the running line. It would have been legitimate for Mr Cations to have attempted this but he made no such attempt. Earlier, he had the opportunity to possibly ease down FOREVER LOYAL (M P Jones). Neither did Mr Cations make any serious attempt to improve forward to the parked position.
--Mr Cations said that his horse was “very keen” and, in its preliminary, he had to pull the horse up in the back straight and then jog it back to where the field was assembling. Moving into line, the horse was “pulling quite viciously” and would not settle. His intention had been to ease back, he said. Shortly after the start, he locked wheels briefly with the runner on his inside, LIVE DANGEROUSLY (S P Walkinshaw). He used to the video to show this but it was not clearly shown. The horse was pulling so hard that pulling back was not going to give the horse any chance so he decided to get him “pacing clean and relax him a little” he started to go forward in the hope that the horse might relax enough to stay competitive. However, the damage had been done by his pulling in the preliminary and behind the gate. At the 600 metres, he had attempted to activate the earplugs, when another runner came off his back, but they malfunctioned, Mr Cations said.
--Mr Cations agreed with Mrs Williams that not many horses are able to race 3-wide and run on. Mrs Williams referred to the sectional times for the Race – the last mile in 1.58.6, the last 800 metres in 59.1 and the last 400 metres in 28.3.
--Mr Cations said that ALMAZA had run a 2.00 mile rate previously in a race. He had been hoping to get cover but the horse’s pulling took him by surprise. Mrs Williams said that that it did not appear to the Stipendiary Stewards that the horse was being unduly difficult to steer or that it was pulling excessively. Mr Cations accepted that he would have been able to pull back comfortably as there was not another runner on his back but the horse would not “give it in” and did not give him that option.
--Mrs Williams referred to the Easing Down Regulations and submitted that, in the first 600 metres or so, Mr Cations had a clear neck advantage over TORBRAE (P J Davis) and was in a position to ease that runner down onto the running line.
--From having viewed the video replays and listened to the evidence and submissions of both parties, the Committee was of the view that there was any one of three options open to Mr Cations at various stages of the Race. Firstly, he could have pressed forward to the parked position. Secondly, he could have eased to the rear of the field. Thirdly, he could legitimately have eased down another runner, in particular TORBRAE (P J Davis), inside the first 600 metres.
--Mr Cations did not dispute that those options were available to him. However, he elected to take none of those options but, rather, chose to remain in the 3-wide line, without cover, to the detriment of his horse which was a well-beaten runner with 600 metres to run.
--Mr Cations explanation was that the horse pulled viciously and paced roughly so that he was unable to ease back and he, therefore, elected to “creep forward” in an attempt to relax the horse. In effect, he did nothing because the horse remained 3-wide without cover until it commenced to weaken at the 600 metres. The Committee’s observation from the video replays was that the horse did not appear to be pulling unduly at any stage and we do not accept Mr Cations’ evidence that it did.
--The Committee believes that a competent driver would at least have made an effort to take one of the options that we referred to.
--Mr Cations, in the Committee’s view, did not show the skill and ability of a reasonably competent horseman on this occasion and, therefore, the Committee found the charge to be proved.
--Mrs Williams referred to the penalty in the recent case of B in which a term of suspension of 2½ months was imposed for a breach of the same Rule. She recommended a minimum of a 3 months’ suspension. Mrs Williams said that Mr Cations has had 13 lifetime drives – 5 in 2007/2008 and 8 in 2008/2009. This was his first drive in the current season.
--Mr Cations did not have any submissions to make in relation to penalty. He stated that he had three horses of his own in work and was also working in a stable.
--In determining penalty, the Committee had regard to the Guide for Judicial Committees issued by the Judicial Control Authority which recommends a starting point for a breach of Rule as a suspension for 3 months. The Committee also took into account the provisions of Rule 1114 which provide that the Committee may take into account, amongst other things, any consequential effects upon any person or horse as a result of the breach and the need to maintain integrity and public confidence in harness racing. The actions of Mr Cations, effectively, deprived the connections of the horse and punters, who are entitled to expect that a horse will be driven in a competent manner, a run for their money.
--A term of suspension for the period recommended by Mrs Williams and in the Guide would, in Mr Cations’ case, not deprive him of many raceday driving opportunities. However, the Committee believes, it would make the point to Mr Cations that a higher standard of horsemanship is required from him in the future and provide a sufficient deterrent to him.
--The Committee considered that an appropriate term of suspension was up to and including 15 November 2009 – a period of 11 weeks – and Mr Cations’ Graduation Horseman’s licence is suspended accordingly.
--
R G McKenzie J M Phelan
CHAIR Committee Member
68004
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: 2a70ff3e731c279cafa7ffc503e4bb18
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/08/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 28 August 2009 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 7, Storer Motors Limited Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Graduation Horseman, Mr M S Cations, alleging that Mr Cations “as the driver of ALMAZA drove incompetently when racing 3-wide for the majority of this event”.
--
Following the running of Race 7, Storer Motors Limited Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Graduation Horseman, Mr M S Cations, alleging that Mr Cations “as the driver of ALMAZA drove incompetently when racing 3-wide for the majority of this event”.
--Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(a) incompetently.
Mr Cations was present at the hearing of the information and indicated that he did not admit the charge.
--Mr Cations was then given the opportunity by the Committee, because of the serious nature of the charge, to have the hearing of the charge adjourned to enable him to prepare his defence to the charge. Mr Cations indicated that he wished the matter to proceed.
--Mrs Williams said that the manner in which Mr Cations drove ALMAZA in Race 7 was unacceptable and incompetent in that he drove his horse to race 3-wide throughout so that the horse had no chance of running a place and, consequently, it commenced to tire with approximately 600 metres to run. She referred to the horse’s form leading in to the Race (080000) and submitted that the horse would be better suited to a run handy or, at least, trailing another horse. Mr Cations had the opportunity to restrain to the rear of the field after which he could get a run 3-wide or take an inside run in the run home. It happens, on occasions, that a horse will get caught out 3-wide but there are actions that drivers can take – to go forward and sit parked or, if this is not an option, then to restrain, Mrs Williams said.
--Mr S P Renault, Stipendiary Steward, showed a video replay of the whole of the 1950 metres mobile start event. He pointed out ALMAZA, driven by Mr Cations, drawn barrier No.3. He pointed out that Mr Cations was unable to get in after the start. After the field settled into position, Mr Cations had only two horses behind him. He kept looking down but made no genuine attempt to get in and was happy to sit out there. He turned his whip round but made no attempt to go forward. The horse raced 3-wide, without cover, for an entire lap (1200 metres). Mr Cations then commenced to tap the horse up but it was a beaten horse at about the 600 metres and dropped out.
--Mrs Williams submitted that, for the first 600 metres of the Race, Mr Cations was entitled to and had the opportunity to ease back and ease down either of the two runners behind him. Those runners would have had to have moved down into the running line. It would have been legitimate for Mr Cations to have attempted this but he made no such attempt. Earlier, he had the opportunity to possibly ease down FOREVER LOYAL (M P Jones). Neither did Mr Cations make any serious attempt to improve forward to the parked position.
--Mr Cations said that his horse was “very keen” and, in its preliminary, he had to pull the horse up in the back straight and then jog it back to where the field was assembling. Moving into line, the horse was “pulling quite viciously” and would not settle. His intention had been to ease back, he said. Shortly after the start, he locked wheels briefly with the runner on his inside, LIVE DANGEROUSLY (S P Walkinshaw). He used to the video to show this but it was not clearly shown. The horse was pulling so hard that pulling back was not going to give the horse any chance so he decided to get him “pacing clean and relax him a little” he started to go forward in the hope that the horse might relax enough to stay competitive. However, the damage had been done by his pulling in the preliminary and behind the gate. At the 600 metres, he had attempted to activate the earplugs, when another runner came off his back, but they malfunctioned, Mr Cations said.
--Mr Cations agreed with Mrs Williams that not many horses are able to race 3-wide and run on. Mrs Williams referred to the sectional times for the Race – the last mile in 1.58.6, the last 800 metres in 59.1 and the last 400 metres in 28.3.
--Mr Cations said that ALMAZA had run a 2.00 mile rate previously in a race. He had been hoping to get cover but the horse’s pulling took him by surprise. Mrs Williams said that that it did not appear to the Stipendiary Stewards that the horse was being unduly difficult to steer or that it was pulling excessively. Mr Cations accepted that he would have been able to pull back comfortably as there was not another runner on his back but the horse would not “give it in” and did not give him that option.
--Mrs Williams referred to the Easing Down Regulations and submitted that, in the first 600 metres or so, Mr Cations had a clear neck advantage over TORBRAE (P J Davis) and was in a position to ease that runner down onto the running line.
--From having viewed the video replays and listened to the evidence and submissions of both parties, the Committee was of the view that there was any one of three options open to Mr Cations at various stages of the Race. Firstly, he could have pressed forward to the parked position. Secondly, he could have eased to the rear of the field. Thirdly, he could legitimately have eased down another runner, in particular TORBRAE (P J Davis), inside the first 600 metres.
--Mr Cations did not dispute that those options were available to him. However, he elected to take none of those options but, rather, chose to remain in the 3-wide line, without cover, to the detriment of his horse which was a well-beaten runner with 600 metres to run.
--Mr Cations explanation was that the horse pulled viciously and paced roughly so that he was unable to ease back and he, therefore, elected to “creep forward” in an attempt to relax the horse. In effect, he did nothing because the horse remained 3-wide without cover until it commenced to weaken at the 600 metres. The Committee’s observation from the video replays was that the horse did not appear to be pulling unduly at any stage and we do not accept Mr Cations’ evidence that it did.
--The Committee believes that a competent driver would at least have made an effort to take one of the options that we referred to.
--Mr Cations, in the Committee’s view, did not show the skill and ability of a reasonably competent horseman on this occasion and, therefore, the Committee found the charge to be proved.
--Mrs Williams referred to the penalty in the recent case of B in which a term of suspension of 2½ months was imposed for a breach of the same Rule. She recommended a minimum of a 3 months’ suspension. Mrs Williams said that Mr Cations has had 13 lifetime drives – 5 in 2007/2008 and 8 in 2008/2009. This was his first drive in the current season.
--Mr Cations did not have any submissions to make in relation to penalty. He stated that he had three horses of his own in work and was also working in a stable.
--In determining penalty, the Committee had regard to the Guide for Judicial Committees issued by the Judicial Control Authority which recommends a starting point for a breach of Rule as a suspension for 3 months. The Committee also took into account the provisions of Rule 1114 which provide that the Committee may take into account, amongst other things, any consequential effects upon any person or horse as a result of the breach and the need to maintain integrity and public confidence in harness racing. The actions of Mr Cations, effectively, deprived the connections of the horse and punters, who are entitled to expect that a horse will be driven in a competent manner, a run for their money.
--A term of suspension for the period recommended by Mrs Williams and in the Guide would, in Mr Cations’ case, not deprive him of many raceday driving opportunities. However, the Committee believes, it would make the point to Mr Cations that a higher standard of horsemanship is required from him in the future and provide a sufficient deterrent to him.
--The Committee considered that an appropriate term of suspension was up to and including 15 November 2009 – a period of 11 weeks – and Mr Cations’ Graduation Horseman’s licence is suspended accordingly.
--
R G McKenzie J M Phelan
CHAIR Committee Member
68004
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