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Non Raceday Inquiry RIU v K Cameron - Decision dated 27 August 2018 - Chair, Mr D M Jackson

Created on 28 August 2018

BEFORE A JUDICIAL COMMITTEE

HELD AT CHRISTCHURCH

IN THE MATTER of the New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A10190

BETWEEN Racing Integrity Unit

SHANE RENAULT

Informant

AND KYLE CAMERON

Licensed Horseman

Respondent

Judicial Committee: DM Jackson (Chair)

DA Anderson (Member)

Rule Breach: 869(2)

DECISION

FACTS:

This is the hearing of an information laid on 17 August 2018 by Stipendiary Steward, Mr S Renault, against Mr K Cameron. It relates to Mr Cameron’s drive in Race 8 at Addington that evening, The Prime Panels NZ Mobile Pace. The information alleged that Mr Cameron as the driver of OPAWA MACH “used his whip on more occasions than permitted by clause (b) of the Use of Whip Regulations”.

Mr Cameron admitted the breach that night or as soon as possible thereafter but the charge was not heard by a Judicial Committee that evening. Rather, the charge was heard by this Committee by way of Non Raceday Inquiry at Addington on 23 August 2018 (also a race night at Addington).

Mr Cameron appeared in person and confirmed that he admitted the breach.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

SUBMISSIONS:

Mr Renault showed to the hearing video replays of the final 400 metres of the race. He alleged that Mr Cameron, driving OPAWA MACH, used his whip on 15 occasions to the finishing line.

Mr Cameron accepted the number of strikes.

DECISION:

Mr Cameron having admitted the breach, the charge was found proved. It was clear from the video analysis in any event.

PENALTY SUBMISSIONS:

Mr Renault informed the Committee that Mr Cameron has had 11 drives to date this season and, last season, had a total of 183 drives. He admitted a breach of the whip rule on 3 August 2018 (12 strikes) and was fined $200 on that occasion.

Mr Renault referred to the Penalty Guide for breaches of the rule as set out in the Use of the Whip Regulations. The Guidelines for a “2nd offence” provide a starting point for penalty of a 3-5 day suspension.

Mr Renault submitted that a 3 day suspension was called for on this occasion.

Mr Cameron accepted the suspension proposed, noted that the horse had not won in 18 months and only won by a nose and said that he was doing everything he could to win the race. He asked for his suspension to include an upcoming race meeting at Forbury Park, which Mr Renault accepted was a fair inclusion for suspension purposes.

REASONS FOR PENALTY:

In determining penalty, the Committee had regard to the penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a second breach is a suspension of 3 to 5 days. There were no aggravating factors in this case, in the view of the Committee, and no mitigating factors warranting a discount bar the admission of the breach.

PENALTY:

Accordingly, Mr Cameron is suspended from driving for 3 days comprising 31 August, 2 and 7 September 2018.

DM Jackson

Chair

27 August 2018

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