Poverty Bay TC 6 November 2011 – R 9
ID: JCA10576
Code:
Thoroughbred
Meet Title:
Poverty Bay TC - 6 November 2011
Meet Chair:
PWilliams
Meet Committee Member 1:
TCastles
Race Date:
2011/11/06
Race Number:
R9
Decision:
As Mr Cameron had admitted the breach the charge was found proved.
Penalty:
Mr Cameron is fined $750.
Charge:
Failing to comply with a restriction imposed by the Stipendiary Stewards.
Facts:
Prior to the commencement of racing at the Poverty Bay Turf Club’s meeting on Sunday 6 November 2011 Information A2158 was filed by Stipendiary Steward Mr J Oatham. The Information stated that “By failing to withdraw or scratch, Trainer S Cameron failed to comply with a restriction imposed by the Stipendiary Stewards that the horse “My Spirited Star” must trial to the satisfaction of a Stipendiary Steward prior to racing again”.
Rule 802(1)(a) states “A person commits a breach of these Rules who acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules”.
Mr Cameron indicated on the Information he admitted the breach, confirmed that at the hearing and also that he understood the rule under which he was charged.
Submissions for Decision:
Mr Oatham, during an earlier hearing today the stewards had sought a ruling from the Committee in relation to the eligibility of the horse “My Spirited Star” to start in race 9 today. It was the actions of Mr Cameron in not scratching his horse from the race that led to a ruling being requested and also the charge under Rule 802(1)(a) being laid.
Mr Oatham said that "My Spirited Star" had raced in race 10 on the first day of the Poverty Bay Turf Club's meeting on Friday 4 November 2011. When the Stewards were reviewing the film of the race they noticed the horse racing in an unruly manner. When speaking to jockey Mr C Grylls who rode the horse Mr Grylls said the horse had hung badly during the race and had proved to be a difficult and at times dangerous ride. Based on those facts the Stewards decided the horse could not race again until it had trialled to the satisfaction of the Stewards and Mr B Bateup, Assistant Stipendiary Steward at the meeting advised Mr Cameron of that fact after race 10 on 4 November. Mr Oatham said that Mr Cameron was not happy with the decision and asked to see the film of the race. He was shown the film and told the reasons why the horse was now required to trial to the satisfaction of the stewards. He said Mr Cameron was not happy with the decision and also told it could not be changed. Mr Oatham said Mr Cameron had made some comments that the Stipendiary Stewards should now scratch the horse but he was advised that was his responsibility. Mr Oatham confirmed the Stipendiary Stewards report for the meeting of 4 November publicised the fact that the horse could not race again until it had trialled to the satisfaction of the stewards.
Mr Oatham said acceptances for the second day of the meeting closed 30 minutes after the last race and had Mr Cameron accepted the decision of the Stewards he could have then withdrawn his horse from its engagement in Race 9 today.
When the acceptances came out on Friday evening (4 November) the Stewards noticed that "My Spirited Star" had not been scratched and when they further checked on the NZTR website on Saturday 5 November the horse had still not been scratched and no jockey had been declared. Mr Oatham said going past the official scratching time of 7.30am today (Sunday 6 November) the horse was still in the field and Jockey B Lammas had been declared to ride.
Mr Oatham said that he contacted the Racing Bureau this morning and they confirmed they had contacted Mr Cameron at approximately 7.20am today and asked him about declaring a rider. Whilst he initially said he wasn't going to he was then asked if he was going to scratch the horse and replied he wasn't, asked who was available to ride and then engaged Mr Lammas.
Mr Oatham said he became aware of that fact at around 7.40am and rang Mr Cameron as did Mr Bevege, Racing Investigator for the RIU, but without success. He said because they could not contact Mr Cameron they were reluctant to scratch the horse without first seeking the ruling from the Committee. He concluded by saying the actions of Mr Cameron in not scratching horse by the required time were in direct contravention of Rule 802(1)(a).
Mr Cameron said that as he was away from his home he had no access to the internet and initially did not realise the horse was still in the field for today's race. He said when he got the Saturday newspaper he saw the horse was still in the race and decided it was not up to him to scratch the horse because he was not the one who had barred him from racing which is why he remained in the field at 7.30am today. Mr Cameron conceded he made a conscious decision this morning not to scratch the horse and also to engage a jockey. He said he knew the horse could not start but deliberately did it as he was annoyed with everything that had happened and sending the horse to the trials was a waste of his time and money.
Submissions for Penalty:
Mr Oatham said Mr Cameron had been in the industry for 20 years and had not previously breached this rule. A clear restriction had been placed on Mr Cameron’s horse as there were safety issues to consider given the horse’s demonstrated wayward tendencies shown on the first day of the meeting. He said Mr Cameron had been foolish in deliberately flouting the rules this morning by engaging a jockey before the deadline for scratching passed and also not scratching the horse. Mr Oatham added that whilst it was pleasing to note Mr Cameron had readily admitted the breach of the Rule the Stewards considered Mr Cameron’s actions were a serious breach of the rules and submitted that a fine of between $500 and $1000 was an appropriate penalty.
Mr Cameron said he regretted his actions. He said he had done nothing like this in his 20 years in the industry, said he had a good record but agreed he had been silly not to scratch the horse as required by the Stewards.
Reasons for Penalty:
The Committee has listened to the submissions of both parties. Whilst Mr Cameron has admitted the breach and it is his first breach of the Rule in his 20 years in the industry there are no other mitigating factors. Mr Cameron has deliberately failed to comply with a restriction imposed by the Stipendiary Stewards on his horse “My Spirited Star” and compounded that by then deliberately engaging a jockey 10 minutes before today’s scratching deadline knowing the horse would be scratched later in the day.
The Committee believes the seriousness of Mr Cameron’s breach of the Rules to be closer to the top than the middle of the range. The Committee has also reviewed penalties for the 7 breaches of this rule handed down in the past 15 month but sees little similarity between those charges and today’s. We do believe, however, that a fine is an appropriate penalty.
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: 029065c5a772c4b99d84e5bc645756a3
informantnumber: A2158
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/11/2011
hearing_title: Poverty Bay TC 6 November 2011 - R 9
charge:
Failing to comply with a restriction imposed by the Stipendiary Stewards.
facts:
Prior to the commencement of racing at the Poverty Bay Turf Club’s meeting on Sunday 6 November 2011 Information A2158 was filed by Stipendiary Steward Mr J Oatham. The Information stated that “By failing to withdraw or scratch, Trainer S Cameron failed to comply with a restriction imposed by the Stipendiary Stewards that the horse “My Spirited Star” must trial to the satisfaction of a Stipendiary Steward prior to racing again”.
Rule 802(1)(a) states “A person commits a breach of these Rules who acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules”.
Mr Cameron indicated on the Information he admitted the breach, confirmed that at the hearing and also that he understood the rule under which he was charged.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham, during an earlier hearing today the stewards had sought a ruling from the Committee in relation to the eligibility of the horse “My Spirited Star” to start in race 9 today. It was the actions of Mr Cameron in not scratching his horse from the race that led to a ruling being requested and also the charge under Rule 802(1)(a) being laid.
Mr Oatham said that "My Spirited Star" had raced in race 10 on the first day of the Poverty Bay Turf Club's meeting on Friday 4 November 2011. When the Stewards were reviewing the film of the race they noticed the horse racing in an unruly manner. When speaking to jockey Mr C Grylls who rode the horse Mr Grylls said the horse had hung badly during the race and had proved to be a difficult and at times dangerous ride. Based on those facts the Stewards decided the horse could not race again until it had trialled to the satisfaction of the Stewards and Mr B Bateup, Assistant Stipendiary Steward at the meeting advised Mr Cameron of that fact after race 10 on 4 November. Mr Oatham said that Mr Cameron was not happy with the decision and asked to see the film of the race. He was shown the film and told the reasons why the horse was now required to trial to the satisfaction of the stewards. He said Mr Cameron was not happy with the decision and also told it could not be changed. Mr Oatham said Mr Cameron had made some comments that the Stipendiary Stewards should now scratch the horse but he was advised that was his responsibility. Mr Oatham confirmed the Stipendiary Stewards report for the meeting of 4 November publicised the fact that the horse could not race again until it had trialled to the satisfaction of the stewards.
Mr Oatham said acceptances for the second day of the meeting closed 30 minutes after the last race and had Mr Cameron accepted the decision of the Stewards he could have then withdrawn his horse from its engagement in Race 9 today.
When the acceptances came out on Friday evening (4 November) the Stewards noticed that "My Spirited Star" had not been scratched and when they further checked on the NZTR website on Saturday 5 November the horse had still not been scratched and no jockey had been declared. Mr Oatham said going past the official scratching time of 7.30am today (Sunday 6 November) the horse was still in the field and Jockey B Lammas had been declared to ride.
Mr Oatham said that he contacted the Racing Bureau this morning and they confirmed they had contacted Mr Cameron at approximately 7.20am today and asked him about declaring a rider. Whilst he initially said he wasn't going to he was then asked if he was going to scratch the horse and replied he wasn't, asked who was available to ride and then engaged Mr Lammas.
Mr Oatham said he became aware of that fact at around 7.40am and rang Mr Cameron as did Mr Bevege, Racing Investigator for the RIU, but without success. He said because they could not contact Mr Cameron they were reluctant to scratch the horse without first seeking the ruling from the Committee. He concluded by saying the actions of Mr Cameron in not scratching horse by the required time were in direct contravention of Rule 802(1)(a).
Mr Cameron said that as he was away from his home he had no access to the internet and initially did not realise the horse was still in the field for today's race. He said when he got the Saturday newspaper he saw the horse was still in the race and decided it was not up to him to scratch the horse because he was not the one who had barred him from racing which is why he remained in the field at 7.30am today. Mr Cameron conceded he made a conscious decision this morning not to scratch the horse and also to engage a jockey. He said he knew the horse could not start but deliberately did it as he was annoyed with everything that had happened and sending the horse to the trials was a waste of his time and money.
reasonsfordecision:
Decision:
As Mr Cameron had admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Oatham said Mr Cameron had been in the industry for 20 years and had not previously breached this rule. A clear restriction had been placed on Mr Cameron’s horse as there were safety issues to consider given the horse’s demonstrated wayward tendencies shown on the first day of the meeting. He said Mr Cameron had been foolish in deliberately flouting the rules this morning by engaging a jockey before the deadline for scratching passed and also not scratching the horse. Mr Oatham added that whilst it was pleasing to note Mr Cameron had readily admitted the breach of the Rule the Stewards considered Mr Cameron’s actions were a serious breach of the rules and submitted that a fine of between $500 and $1000 was an appropriate penalty.
Mr Cameron said he regretted his actions. He said he had done nothing like this in his 20 years in the industry, said he had a good record but agreed he had been silly not to scratch the horse as required by the Stewards.
reasonsforpenalty:
The Committee has listened to the submissions of both parties. Whilst Mr Cameron has admitted the breach and it is his first breach of the Rule in his 20 years in the industry there are no other mitigating factors. Mr Cameron has deliberately failed to comply with a restriction imposed by the Stipendiary Stewards on his horse “My Spirited Star” and compounded that by then deliberately engaging a jockey 10 minutes before today’s scratching deadline knowing the horse would be scratched later in the day.
The Committee believes the seriousness of Mr Cameron’s breach of the Rules to be closer to the top than the middle of the range. The Committee has also reviewed penalties for the 7 breaches of this rule handed down in the past 15 month but sees little similarity between those charges and today’s. We do believe, however, that a fine is an appropriate penalty.
penalty:
Mr Cameron is fined $750.
hearing_type: Hearing
Rules: 802(1)(a)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr S Cameron - Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 969e3b3b1646a9bd855022f6e89e124f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 917a92749594e3e2a77bf56a1b6068a9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/11/2011
meet_title: Poverty Bay TC - 6 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: poverty-bay-tc
meet_racingtype: thoroughbred-racing
meet_chair: PWilliams
meet_pm1: TCastles
meet_pm2: none
name: Poverty Bay TC