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Auckland TC 9 October 2020 – R3 – Chair, Mr G Jones

Created on 12 October 2020

Rules:
869(3)(b)
Committee:
GJones (chair)
ASmith
Name(s):
Mr C Jamieson – Open Driver of THE PEACEMAKER
Informant
Mr S Mulcay - Senior Stipendiary Steward
Information Number
A12969
Plea:
Admitted
Charge:
Careless driving
Evidence:

Following the running of Race 3, the Captain Crunch at Neville R Stud Pace 2200m, an Information was filed by Senior Stipendiary Steward, Mr Mulcay alleging Open Driver, Mr C Jamieson, breached Rule 869(3)(b) when he drove THE PEACEMAKER carelessly striking the sulky of RICHMOND TIGER causing interference to his own horse and trailing runners with 1750 metres to run.

Mr Jamieson endorsed the Information ‘I do admit the breach of the Rule’. At the commencement of the hearing he confirmed his plea and that he understood the Rule and the nature of the Charge.

Rule 869 (3)(b) provides:
No horseman in any race shall drive carelessly.

Using available video footage Mr Mulcay identified the horses involved in the incident namely, THE PEACEMAKER (C Jamieson), RICHMOND TIGER (A Drake) and BONDI SHAKE (A Poutama). Mr Mulcay said that approaching the 1700 metre mark, at the start of the back straight THE PEACEMAKER was the last horse racing on the marker-line following RICHMOND TIGER. He said at that point the solid early pace eased and as a result THE PEACEMAKER ran up onto the back of RICHMOND TIGER’S sulky. He said that Mr Jamieson had to take a strong hold of THE PEACEMAKER and it went back on to the trailing runner BONDI SHAKE who broke and lost about 2 lengths before regaining it stride. Mr Mulcay added that the eventual race winner TAIPO also had to take evasive action.

In response Mr Jamieson told the Committee that he freely acknowledged the breach but agreed with Mr Mulcay that the easing of the pace was a factor. He said that a further factor was that type of bit he used on THE PEACEMAKER which caused the horse react as it did.

Decision:

Pursuant to Rule 1111(1)(d) as Mr Jamieson admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Mulcay submitted that Mr Jamieson has a clear record and he should be given credit for admitting the breach at the first opportunity. He added that the breach is low end and due to the mitigating circumstances, he should be afforded a concession from the JCA Penalty Guide starting point.

Mr Jamieson asked the Committee to take into account his good record and admission. He further reiterated his horse’s reaction to the easing of the pace was a contributing factor.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 6-drive suspension or a $300 fine for a breach of this Rule. The Committee has noted that similar recent breaches have incurred penalties ranging from fines between $150 to $450 and limited number of 2 to 3-day suspensions.

After taking into account the submissions of both the Informant and Respondent and noting the race film and that the resultant impact on the affected runners; the level of carelessness was assessed to be low end. It is accepted that the easing of the pace was a contributing factor in THE PEACEMAKER running into the back of RICHMOND TIGER.

After affording Mr Jamieson credit for his good record, admission of the breach and the mitigating factor we determined that a $200 fine is appropriate penalty in the circumstances of this case.

Penalty:

Accordingly, Mr Jamieson was fined the sum of $200.

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