Amberley TC 6 February 2023 – R11 – Michael Cations

BACKGROUND:

Following the running of Race 11, Dawe Contracting Ltd – Davis Ogilvie Mobile Pace, the Respondent, Graduation Driver Michael Cations, admitted a charge that, as the Driver of VINCENT VEGA in the race, he arrived late at the start as a result of which the start was delayed.

Rule 858 provides:

Every driver and/or person in charge of a horse shall ensure that:-

(b)  the horse is on the race-track at least ten minutes before the time of starting, and at the post ready to start at least five minutes before the time of starting, or such other time as the Starter may direct.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed on a video replay the Respondent, driving VINCENT VEGA, heading to the start approximately 200 metres away from the start. This was shown, on the Trackside replay, to be 8 seconds after the scheduled start time of the race. When the Respondent arrived at the start, this was 40 seconds after the scheduled start time. Immediately upon his arriving at the start, the mobile barrier got under way, approximately 90 seconds late. The start had been delayed pending the Respondent arriving at the start, Mr Renault said.

The Respondent said that, on the big grass track, he had not heard the whistle and was unaware of the time until he neared the start point and saw the field assembled.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 4 drives this season and, in the 2022 season, he had 8 drives. He had admitted the breach at the earliest opportunity and has a clear record.

There is no starting point for penalty in the Penalty Guide, he said. A breach of the Rule is to be included in the Minor Infringement Scheme. The previous Penalty Guide referred to a starting point of a $300 fine, and most penalties for delaying the start had been fines of $200, he said.

REASONS FOR PENALTY:

The Adjudicative Committee noted the penalty starting point under the previous Penalty Guide as referred to by Mr Renault – a fine of $300. The Respondent had made a frank admission of the breach. He explained that, on the big grass track, he had not heard the Starter’s whistle summoning runners to the start. The consequences of the breach were minor but the breach is not to be condoned, and it is important that Drivers be at the start prior to the race start time to enable races to be started on time.

The Adjudicative Committee also took note of the penalties imposed in a number of other cases involving a breach of the Rule, including a recent one involving a leading Driver in a Group 3 Race, the fine on that occasion being $200.

CONCLUSION:

Graduation Driver, Michael Cations, is fined $200.