Westport TC 28 December 2020 – R 9 – Chair, Mr R McKenzie
ID: JCA15897
Meet Title:
Westport TC - 28 December 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/12/28
Race Number:
R9
Decision:
Mr Cameron having admitted the breach, the charge was found proved.
Penalty:
Mr Cameron is fined the sum of $250.
Facts:
Following the running of Race 9, Caltex Westport Handicap Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr KG Cameron, alleging that, as the driver of FYNN FROST in the race, he “forced JOHNNY EYRE (P J Davis) to race wider on the track near the 2100 metres”.
Mr Cameron had signed the Statement by the Respondent on the Information form indicating that he admitted the breach and he confirmed this at the hearing, at which he was present.
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.
(6) Subject to sub-rule (4) hereof:
(b) a horse during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Mr Williams showed a video replay of the incident with approximately 2100 metres to run. He pointed out FYNN FROST, driven by Mr Cameron, racing three places back on the markers with BLUE CHIP DELIGHT (J Herbert) racing on its outside in the parked position. JOHNNY EYRE, driven by Mr Davis, was in the one-out line following BLUE CHIP DELIGHT. At the crossing, BLUE CHIP DELIGHT went off stride and shifted out. Mr Cameron then proceeded to move outwards when, Mr Williams alleged, Mr Davis’ runner was outside his sulky wheel, forcing it to race 3-wide for a distance, before easing onto Mr Cameron’s back. Mr Cameron then progressed to the lead.
Mr Cameron said that he had been driving under the old Pushout Rrule (changed from 25.11.19 prior to which date a runner could be forced wider on the track if it was not moving forward).
Submissions for Penalty:
Mr Williams told the Committee that Mr Cameron has a clear record under the Rule. He suggested that, perhaps, Mr Cameron had gained an advantage by obtaining a position that he would not have otherwise obtained.
Mr Williams referred to the Penalty Guide starting point for a breach of the pushout rule - a 5-drive suspension or a $250 fine. He submitted that a fine would be an appropriate penalty in this case, taking into account Mr Cameron’s good record and his admission of the breach.
Mr Cameron asked the Committee to consider a fine over a term of suspension.
Reasons for Penalty:
The Penalty Guide starting point for a breach of the Pushout Rule is a 5-drive suspension or a $250 fine. This breach can adequately be dealt with by way of a fine.
Mr Cameron has a clear record under the Rule and has made a frank admission of the breach. The breach, we assess, is no worse than mid-range. We accept that Mr Cameron may have gained an advantage, but we noted that JOHNNY EYRE got cover in the one-out line, shortly after racing wider for a short distance.
We take the Penalty Guide starting point of a $300 fine. Mr Cameron is entitled to receive a discount for his admission of the breach and good record. We fix the discount at $50.
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: e20eeec2d32f0d6f8450a42676d48ea5
informantnumber: A13626
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2020
hearing_title: Westport TC 28 December 2020 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Caltex Westport Handicap Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr KG Cameron, alleging that, as the driver of FYNN FROST in the race, he “forced JOHNNY EYRE (P J Davis) to race wider on the track near the 2100 metres”.
Mr Cameron had signed the Statement by the Respondent on the Information form indicating that he admitted the breach and he confirmed this at the hearing, at which he was present.
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.
(6) Subject to sub-rule (4) hereof:
(b) a horse during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Mr Williams showed a video replay of the incident with approximately 2100 metres to run. He pointed out FYNN FROST, driven by Mr Cameron, racing three places back on the markers with BLUE CHIP DELIGHT (J Herbert) racing on its outside in the parked position. JOHNNY EYRE, driven by Mr Davis, was in the one-out line following BLUE CHIP DELIGHT. At the crossing, BLUE CHIP DELIGHT went off stride and shifted out. Mr Cameron then proceeded to move outwards when, Mr Williams alleged, Mr Davis’ runner was outside his sulky wheel, forcing it to race 3-wide for a distance, before easing onto Mr Cameron’s back. Mr Cameron then progressed to the lead.
Mr Cameron said that he had been driving under the old Pushout Rrule (changed from 25.11.19 prior to which date a runner could be forced wider on the track if it was not moving forward).
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Cameron having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Williams told the Committee that Mr Cameron has a clear record under the Rule. He suggested that, perhaps, Mr Cameron had gained an advantage by obtaining a position that he would not have otherwise obtained.
Mr Williams referred to the Penalty Guide starting point for a breach of the pushout rule - a 5-drive suspension or a $250 fine. He submitted that a fine would be an appropriate penalty in this case, taking into account Mr Cameron’s good record and his admission of the breach.
Mr Cameron asked the Committee to consider a fine over a term of suspension.
reasonsforpenalty:
The Penalty Guide starting point for a breach of the Pushout Rule is a 5-drive suspension or a $250 fine. This breach can adequately be dealt with by way of a fine.
Mr Cameron has a clear record under the Rule and has made a frank admission of the breach. The breach, we assess, is no worse than mid-range. We accept that Mr Cameron may have gained an advantage, but we noted that JOHNNY EYRE got cover in the one-out line, shortly after racing wider for a short distance.
We take the Penalty Guide starting point of a $300 fine. Mr Cameron is entitled to receive a discount for his admission of the breach and good record. We fix the discount at $50.
penalty:
Mr Cameron is fined the sum of $250.
hearing_type: Hearing
Rules: 869(4)&(6)(b)&(c)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Mr KG Cameron - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8056df59bc566d4a31968a98df907f05
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: c6b2dce7d301113fd978e826db44ced1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2020
meet_title: Westport TC - 28 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Westport TC