Waikato BOP H 18 April 2019 – R 8 – Chair, Mr B J Scott
ID: JCA17403
Meet Title:
Harness Racing Waikato - 18 April 2019
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2019/04/18
Race Number:
R8
Decision:
The charge is proved.
Penalty:
This Committee imposes a suspension of Mr Cameron's Licence from after the conclusion of racing on the 22nd of April 2019 until after the conclusion of racing on the 30th of April 2019. That is 3 days.
Facts:
Following the running of the QUIZ NIGHT AT THE RACES 16TH MAY MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against licensed horseman Mr T Cameron alleging that Mr Cameron when driving MIRACLE MOOSE shifted inwards entering the first turn checking AKARANA PRINCE (Driver A Poutama) which broke as a result.
Rule 869(3)(b) provides : No horseman in any race shall drive carelessly.
The Easing Down Regulations provide : subject to Rule 869(3) Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a "clear advantage" over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.
Mr Cameron was present at the Hearing and he advised the Committee that he understood the Rule but he did not admit the breach.
Mr Mulcay demonstrated the incident by use of the race films and showed where at the start MIRACLE MOOSE drew 4 on the second line and AKARANA PRINCE also on the second line drew 2. He then showed where in the run up to the first turn Mr Cameron moved his horse inwards to find a better position and he tried to push AKARANA PRINCE down. He said that although Mr Cameron had an advantage over AKARANA PRINCE his movement was undertaken in an abrupt manner and in doing so his sulky made contact with the off hind leg of AKARANA PRINCE and caused that horse to go into a break for a few strides. The movement also resulted in a laceration to the off hind leg of AKARANA PRINCE.
Mr Mulcay said again that although Mr Cameron had an advantage over Mr Poutama's horse his movement was abrupt and not in a gradual and acceptable manner as required by the Regulations.
By way of cross examination Mr Cameron asked Mr Mulcay if he had an advantage and Mr Mulcay confirmed that he did. Mr Mulcay said that however his movement was sudden and abrupt. He also asked Mr Mulcay if Mr Poutama was entitled to hold his ground but the answer to that was that Mr Poutama did not have any opportunity to do anything because of the sudden and abrupt movement by Mr Cameron.
Mr A Poutama then gave evidence and confirmed that he was the driver of AKARANA PRINCE. He said that nearing the first turn Mr Cameron moved his horse down onto AKARANA PRINCE and he said that the way he did so was not a normal manoeuvre. He said that Mr Cameron has every right to come down but that the way it was done was not normal. He said "he came straight under my horse and my horse's leg was on the inside of his wheel." Mr Poutama said that he was holding his line.
The Committee asked Mr Poutama if there was contact and he confirmed that there was.
Mr Cameron when given the opportunity advised that he did not have any questions of Mr Poutama.
Doctor M Brightwell the Racenight Veterinary Surgeon then gave evidence. He said that he examined AKARANA PRINCE following the race and said that it had a 3 to 4 centimetres long cut to its off hind leg. He also said the cut was too high to be self inflicted.
Mr Cameron did not wish to question Dr Brightwell.
Mr Cameron then gave evidence and said that he had moved into the 2 wide line but Mr Poutama was trying to use his horse's body to hold his line. He said he had an advantage and was moving in and he believed Mr Poutama should have given way.
Mr Mulcay did not ask any questions of Mr Cameron.
Submissions for Decision:
Mr Mulcay in summing up said that both drivers were moving forward and although Mr Cameron had an advantage his inwards movement was sudden and abrupt and this caused the intereference to Mr Poutama's horse.
He said that the evidence was very clear.
Mr Cameron said that he did not have anything to add.
Reasons for Decision:
The Committee reviewed both the oral and film evidence. We reviewed the race films several times. The movement by MIRACLE MOOSE is shown very clearly on the race films. Even though Mr Cameron does have an advantage over Mr Poutama's horse the movement by Mr Cameron is clearly sudden and abrupt and as a result Mr Poutama does not have any opportunity to move.
Mr Poutama has told us that there was contact and this was not disputed by Mr Cameron. We also have the evidence of Dr Brightwell confirming an injury to AKARANA PRINCE which was a result of this incident.
The essence of the charge however is that in terms of the regulation "the manoeuvre is conducted in a gradual and acceptable manner".
In this Committee's view Mr Cameron's movement was sudden and abrupt and he did cause the interference he was charged with. The movement was in clear breach of the Regulations and accordingly the charge is proved.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guidelines which provide for a suspension of Licence for 10 days or a $500.00 fine. He said that the Stewards were seeking suspension.
He said that the level of seriousness was mid range and that the consequences were low range in that Mr Poutama's horse quickly regained its proper gait and that no other horses were affected. He did however point out to the Committee the injury caused to AKARANA PRINCE.
He further said that Mr Cameron was a busy driver with a clear record and accordingly a 2 to 3 day suspension would be appropriate.
Mr Cameron did not make any submissions as to penalty. He was asked about his upcoming driving engagements and he said that he had a number of drives at the 2 day Hawera meeting. He was advised by the Committee that he was entitled to a deferment of his suspension pursuant to Rule 1304 and he elected to have his suspension deferred.
Reasons for Penalty:
This Committee has taken into account the penalty submissions presented to us. We are aware that Mr Cameron is quite a busy driver and we note that he has a good record. He is given credit for these.
Our concern however is that Mr Cameron's inwards movement was almost in disregard of the driver and horse inside him. Contact and thereby interference was inevitable. The films are very clear. We are aware of the starting point penalties in the JCA Guidelines.
We believe that a 3 day suspension is appropriate.
We will grant Mr Cameron a deferment of that suspension until after the second day of the Hawera meeting.
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: df8dcef1b3b2cb764e9b1ece7735e1bf
informantnumber: A10600
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: denied
penaltyrequired: 1
decisiondate: 24/04/2019
hearing_title: Waikato BOP H 18 April 2019 - R 8 - Chair, Mr B J Scott
charge:
facts:
Following the running of the QUIZ NIGHT AT THE RACES 16TH MAY MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against licensed horseman Mr T Cameron alleging that Mr Cameron when driving MIRACLE MOOSE shifted inwards entering the first turn checking AKARANA PRINCE (Driver A Poutama) which broke as a result.
Rule 869(3)(b) provides : No horseman in any race shall drive carelessly.
The Easing Down Regulations provide : subject to Rule 869(3) Careless Driving, 869(4) Causing Interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a "clear advantage" over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.
Mr Cameron was present at the Hearing and he advised the Committee that he understood the Rule but he did not admit the breach.
Mr Mulcay demonstrated the incident by use of the race films and showed where at the start MIRACLE MOOSE drew 4 on the second line and AKARANA PRINCE also on the second line drew 2. He then showed where in the run up to the first turn Mr Cameron moved his horse inwards to find a better position and he tried to push AKARANA PRINCE down. He said that although Mr Cameron had an advantage over AKARANA PRINCE his movement was undertaken in an abrupt manner and in doing so his sulky made contact with the off hind leg of AKARANA PRINCE and caused that horse to go into a break for a few strides. The movement also resulted in a laceration to the off hind leg of AKARANA PRINCE.
Mr Mulcay said again that although Mr Cameron had an advantage over Mr Poutama's horse his movement was abrupt and not in a gradual and acceptable manner as required by the Regulations.
By way of cross examination Mr Cameron asked Mr Mulcay if he had an advantage and Mr Mulcay confirmed that he did. Mr Mulcay said that however his movement was sudden and abrupt. He also asked Mr Mulcay if Mr Poutama was entitled to hold his ground but the answer to that was that Mr Poutama did not have any opportunity to do anything because of the sudden and abrupt movement by Mr Cameron.
Mr A Poutama then gave evidence and confirmed that he was the driver of AKARANA PRINCE. He said that nearing the first turn Mr Cameron moved his horse down onto AKARANA PRINCE and he said that the way he did so was not a normal manoeuvre. He said that Mr Cameron has every right to come down but that the way it was done was not normal. He said "he came straight under my horse and my horse's leg was on the inside of his wheel." Mr Poutama said that he was holding his line.
The Committee asked Mr Poutama if there was contact and he confirmed that there was.
Mr Cameron when given the opportunity advised that he did not have any questions of Mr Poutama.
Doctor M Brightwell the Racenight Veterinary Surgeon then gave evidence. He said that he examined AKARANA PRINCE following the race and said that it had a 3 to 4 centimetres long cut to its off hind leg. He also said the cut was too high to be self inflicted.
Mr Cameron did not wish to question Dr Brightwell.
Mr Cameron then gave evidence and said that he had moved into the 2 wide line but Mr Poutama was trying to use his horse's body to hold his line. He said he had an advantage and was moving in and he believed Mr Poutama should have given way.
Mr Mulcay did not ask any questions of Mr Cameron.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay in summing up said that both drivers were moving forward and although Mr Cameron had an advantage his inwards movement was sudden and abrupt and this caused the intereference to Mr Poutama's horse.
He said that the evidence was very clear.
Mr Cameron said that he did not have anything to add.
reasonsfordecision:
The Committee reviewed both the oral and film evidence. We reviewed the race films several times. The movement by MIRACLE MOOSE is shown very clearly on the race films. Even though Mr Cameron does have an advantage over Mr Poutama's horse the movement by Mr Cameron is clearly sudden and abrupt and as a result Mr Poutama does not have any opportunity to move.
Mr Poutama has told us that there was contact and this was not disputed by Mr Cameron. We also have the evidence of Dr Brightwell confirming an injury to AKARANA PRINCE which was a result of this incident.
The essence of the charge however is that in terms of the regulation "the manoeuvre is conducted in a gradual and acceptable manner".
In this Committee's view Mr Cameron's movement was sudden and abrupt and he did cause the interference he was charged with. The movement was in clear breach of the Regulations and accordingly the charge is proved.
Decision:
The charge is proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guidelines which provide for a suspension of Licence for 10 days or a $500.00 fine. He said that the Stewards were seeking suspension.
He said that the level of seriousness was mid range and that the consequences were low range in that Mr Poutama's horse quickly regained its proper gait and that no other horses were affected. He did however point out to the Committee the injury caused to AKARANA PRINCE.
He further said that Mr Cameron was a busy driver with a clear record and accordingly a 2 to 3 day suspension would be appropriate.
Mr Cameron did not make any submissions as to penalty. He was asked about his upcoming driving engagements and he said that he had a number of drives at the 2 day Hawera meeting. He was advised by the Committee that he was entitled to a deferment of his suspension pursuant to Rule 1304 and he elected to have his suspension deferred.
reasonsforpenalty:
This Committee has taken into account the penalty submissions presented to us. We are aware that Mr Cameron is quite a busy driver and we note that he has a good record. He is given credit for these.
Our concern however is that Mr Cameron's inwards movement was almost in disregard of the driver and horse inside him. Contact and thereby interference was inevitable. The films are very clear. We are aware of the starting point penalties in the JCA Guidelines.
We believe that a 3 day suspension is appropriate.
We will grant Mr Cameron a deferment of that suspension until after the second day of the Hawera meeting.
penalty:
This Committee imposes a suspension of Mr Cameron's Licence from after the conclusion of racing on the 22nd of April 2019 until after the conclusion of racing on the 30th of April 2019. That is 3 days.
hearing_type: Hearing
Rules: Rule 869(3)(b) and the Easing Down Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr T A Cameron - Licensed Driver
Otherperson: Mr A Poutama - Senior Horseman, Dr M Brightwell-Veterinary Surgeon
PersonPresent:
Respondent:
StipendSteward:
raceid: 0b944e20205b9bf67d51ee33c31b0110
race_expapproval:
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race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
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race_otherexp:
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meetdate: 18/04/2019
meet_title: Harness Racing Waikato - 18 April 2019
meet_expappcomment:
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meet_racingtype: harness-racing
meet_chair: BScott
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name: Harness Racing Waikato