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Rangiora HRC 8 May 2011 – R2

ID: JCA13830

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
I R Cameron, Licensed Open Driver

Information Number:
69467

Hearing Type:
Hearing

Rules:
869 (4) and 869 (7A) (a) & (b)

Plea:
denied

Meet Title:
Rangiora HRC - 8 May 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2011/05/08

Race Number:
R2

Decision:

The Committee is satisfied that the charge under Rule 869 (7A) (a) and(b) is the more appropriate of the two charges in the circumstances of this case and we find that charge to be proved.

The Stewards had not produced sufficient evidence to discharge the burden of proving that Mr Cameron had driven in a manner likely to cause interference. The charge under Rule 869 (4) was dismissed. 

Penalty:

Mr Cameron was fined the sum of $200.

Charge:

Driving in a manner likely to cause interference / contacting or protruding inside the marker line.

Facts:

Following the running of Race 4, JD & EA Properties Limited Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr I R Cameron, alleging a breach of Rule 869 (4) and 869 (7A) (a) and (b) in that Mr Cameron, as the driver of FLAMING FREIDA in the race, “drove in a manner likely to cause interference when anticipating a run to the inside of GRETNA’S BEST (T M Williams) in the run home resulting in [his] striking pylons and protruding inside the marker line”.

Mr Cameron was present at the hearing of the information and he indicated that he did not admit the charges.

Rule 869 provides as follows:
(4) 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.

(7A) Every horseman who moves inwards shall ensure:
      (a) that contact is not made with any marker
      (b) that any part of the sulky does not protrude inside the marker line.

Submissions for Decision:

Mr Renault said that Mr Cameron was the driver of FLAMING FREIDA in Race 2. He had been 3-back on the markers approaching the home turn behind GRETNA’S BEST, driven by Mr T M Williams, which was trailing the leader. Upon entering the straight, Mr Williams entered the passing lane, as he was entitled to do. Mr Cameron had attempted a run inside GRETNA’S BEST, hard against the pylons, but there was never a clear run and his right-hand wheel was never in the clear. The left-hand wheel had gone over some pylons and had protruded over the marker line in the run home.

Mr Renault had Mr S Wallis, Stipendiary Steward, show video replays of the final 300 metres of the race. Mr Wallis had observed the incident from the patrol box at the top of the straight, He said that it was his observation that Mr Cameron had attempted a run inside GRETNA’S BEST where there was insufficient room. He pointed out the sulky wheel strike and protrude inside a number of pylons in the run home. Mr Williams had maintained a straight line, he submitted. Any inwards movement was “very marginal”, he said.

Mr Cameron said that when he first moved down into the passing lane, he believed he had enough room. He pointed out the gap, about 6 inches he submitted, between his inside wheel and the pylons. Mr Williams had moved down the further they went, he alleged and there was no pressure on Mr Williams from his outside. He said that he had to “back out of it” eventually as he completely ran out of room.

Reasons for Decision:

Mr Cameron was charged with driving in a manner likely to cause interference or, alternatively, striking pylons and protruding inside the marker line in the run home.

Mr Renault had Mr Wallis show video replays of the final 300 metres of the race. Mr Wallis pointed out Mr Cameron racing 3-back on the markers behind GRETNA’S BEST (T M Williams), which was racing in the trail. On turning for home, Mr Williams entered the passing lane and, it was Mr Renault’s and Mr Wallis’ submission, that Mr Williams had maintained a straight course all of the way down the straight. Mr Renault pointed out Mr Cameron looking for a run on the inside of Mr Williams where, he alleged, there was never a full run for him. As a consequence, Mr Cameron’s sulky wheel struck or went inside a number of pylons inside the final 200 metres. Mr Cameron had anticipated a gap that did not materialise, Mr Renault alleged.

Mr Cameron stated, essentially, that when he first went to make a run on the inside of Mr Williams, there was room for him to do so. He went on to say that Mr Williams then allowed his horse to shift down, effectively, closing the gap and forcing him to strike markers and move inside the marker line.

The Committee is satisfied after carefully viewing, in particular, the head-on video replay of the race that there was never a sufficient gap on the inside of Mr Williams’ for Mr Cameron’s horse and sulky. Furthermore, we are satisfied that any inwards movement by Mr Williams’ horse was minimal. We are satisfied that Mr Cameron has breached Rule 879 (A) (a) and (b) in that he has failed to ensure that contact was not made with any track marker and that his sulky did not protrude inside the marker line.

Submissions for Penalty:

Mr Renault made reference to the Penalty Guide which recommends a starting point for a breach of Rule 869 (7A) (a) of a fine of $100 and for 869 (7A) (b) a fine of $200. He submitted that a fine of $200-250 was appropriate in this case.

Mr Cameron has a clear record under the Rule. He has had 67 drives in the current season to date and in the 2009/2010 season he had a total of 86 drives, Mr Renault said.

Mr Cameron declined the opportunity to make any submissions in relation to penalty.

Reasons for Penalty:

In arriving at penalty, the Committee took into account Mr Cameron’s previous good record. The Committee was satisfied that Mr Cameron had gone inside at least two pylons and therefore it was appropriate to consider a penalty under Rule 869 (7A) (b). The Committee also considered previous penalties imposed for breaches of the Rule. In the Committee’s view, this breach was in the low-to-mid range.

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: 7466afd6adb1a67f0dcb3c9c4b9c53d3


informantnumber: 69467


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 14/04/2011


hearing_title: Rangiora HRC 8 May 2011 - R2


charge:

Driving in a manner likely to cause interference / contacting or protruding inside the marker line.


facts:

Following the running of Race 4, JD & EA Properties Limited Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr I R Cameron, alleging a breach of Rule 869 (4) and 869 (7A) (a) and (b) in that Mr Cameron, as the driver of FLAMING FREIDA in the race, “drove in a manner likely to cause interference when anticipating a run to the inside of GRETNA’S BEST (T M Williams) in the run home resulting in [his] striking pylons and protruding inside the marker line”.

Mr Cameron was present at the hearing of the information and he indicated that he did not admit the charges.

Rule 869 provides as follows:
(4) 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.

(7A) Every horseman who moves inwards shall ensure:
      (a) that contact is not made with any marker
      (b) that any part of the sulky does not protrude inside the marker line.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault said that Mr Cameron was the driver of FLAMING FREIDA in Race 2. He had been 3-back on the markers approaching the home turn behind GRETNA’S BEST, driven by Mr T M Williams, which was trailing the leader. Upon entering the straight, Mr Williams entered the passing lane, as he was entitled to do. Mr Cameron had attempted a run inside GRETNA’S BEST, hard against the pylons, but there was never a clear run and his right-hand wheel was never in the clear. The left-hand wheel had gone over some pylons and had protruded over the marker line in the run home.

Mr Renault had Mr S Wallis, Stipendiary Steward, show video replays of the final 300 metres of the race. Mr Wallis had observed the incident from the patrol box at the top of the straight, He said that it was his observation that Mr Cameron had attempted a run inside GRETNA’S BEST where there was insufficient room. He pointed out the sulky wheel strike and protrude inside a number of pylons in the run home. Mr Williams had maintained a straight line, he submitted. Any inwards movement was “very marginal”, he said.

Mr Cameron said that when he first moved down into the passing lane, he believed he had enough room. He pointed out the gap, about 6 inches he submitted, between his inside wheel and the pylons. Mr Williams had moved down the further they went, he alleged and there was no pressure on Mr Williams from his outside. He said that he had to “back out of it” eventually as he completely ran out of room.


reasonsfordecision:

Mr Cameron was charged with driving in a manner likely to cause interference or, alternatively, striking pylons and protruding inside the marker line in the run home.

Mr Renault had Mr Wallis show video replays of the final 300 metres of the race. Mr Wallis pointed out Mr Cameron racing 3-back on the markers behind GRETNA’S BEST (T M Williams), which was racing in the trail. On turning for home, Mr Williams entered the passing lane and, it was Mr Renault’s and Mr Wallis’ submission, that Mr Williams had maintained a straight course all of the way down the straight. Mr Renault pointed out Mr Cameron looking for a run on the inside of Mr Williams where, he alleged, there was never a full run for him. As a consequence, Mr Cameron’s sulky wheel struck or went inside a number of pylons inside the final 200 metres. Mr Cameron had anticipated a gap that did not materialise, Mr Renault alleged.

Mr Cameron stated, essentially, that when he first went to make a run on the inside of Mr Williams, there was room for him to do so. He went on to say that Mr Williams then allowed his horse to shift down, effectively, closing the gap and forcing him to strike markers and move inside the marker line.

The Committee is satisfied after carefully viewing, in particular, the head-on video replay of the race that there was never a sufficient gap on the inside of Mr Williams’ for Mr Cameron’s horse and sulky. Furthermore, we are satisfied that any inwards movement by Mr Williams’ horse was minimal. We are satisfied that Mr Cameron has breached Rule 879 (A) (a) and (b) in that he has failed to ensure that contact was not made with any track marker and that his sulky did not protrude inside the marker line.


Decision:

The Committee is satisfied that the charge under Rule 869 (7A) (a) and(b) is the more appropriate of the two charges in the circumstances of this case and we find that charge to be proved.

The Stewards had not produced sufficient evidence to discharge the burden of proving that Mr Cameron had driven in a manner likely to cause interference. The charge under Rule 869 (4) was dismissed. 


sumissionsforpenalty:

Mr Renault made reference to the Penalty Guide which recommends a starting point for a breach of Rule 869 (7A) (a) of a fine of $100 and for 869 (7A) (b) a fine of $200. He submitted that a fine of $200-250 was appropriate in this case.

Mr Cameron has a clear record under the Rule. He has had 67 drives in the current season to date and in the 2009/2010 season he had a total of 86 drives, Mr Renault said.

Mr Cameron declined the opportunity to make any submissions in relation to penalty.


reasonsforpenalty:

In arriving at penalty, the Committee took into account Mr Cameron’s previous good record. The Committee was satisfied that Mr Cameron had gone inside at least two pylons and therefore it was appropriate to consider a penalty under Rule 869 (7A) (b). The Committee also considered previous penalties imposed for breaches of the Rule. In the Committee’s view, this breach was in the low-to-mid range.


penalty:

Mr Cameron was fined the sum of $200.


hearing_type: Hearing


Rules: 869 (4) and 869 (7A) (a) & (b)


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer: I R Cameron, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


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race_emailed1: 0


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race_title: R2


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