Banks Peninsula TC 24 September 2023 – R8 – Michael Cations

ID: RIB27690

Respondent(s):
Michael Cations - Driver

Applicant:
Stipendiary Steward - Mr Paul Williams

Adjudicators:
Dave Anderson

Persons Present:
Stipendiary Stewards - Mr M Sole, Mr S Renault, Mr Williams and Mr Cations

Information Number:
A21434

Decision Type:
Race Related Charge

Charge:
Careless Driving checking another runner

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
VINCENT VEGA

Code:
Harness

Race Date:
24/09/2023

Race Club:
Banks Peninsula Trotting Club

Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672

Race Number:
R8

Hearing Date:
24/09/2023

Hearing Location:
Motukarara Racecourse

Outcome: Proved

Penalty: Driver Michael Cations is suspended for 3 days

EVIDENCE:

Following the running of Race 8, Driver Michael Cations admitted a breach of the Careless Driving Rule. Mr Cations stated he understood the charge, the Rule and confirmed he admitted the breach.

Stipendiary Steward Mr Paul Williams played the front straight video and identified Mr Cations (VINCENT VEGA) racing in the 1×1 position approaching the 350m. Mr Williams pointed to Mr Cations shift his horse outwards into the running line of HEY TONIGHT (J Morrison), who was checked.

Mr Cations said his horse was travelling and over reacted, and said HEY TONIGHT had run its race and any interference was minimal.

DECISION:

The Respondent having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Williams stated Mr Cations was an infrequent Driver with a clear record and the Guidelines’ starting point of a 3-day suspension was appropriate.

Mr Cations made no submissions on Penalty.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 3-day suspension for a first breach of the Rule and in Mr Cations’ circumstances, this appears to be a fair and reasonable Penalty in this case.

CONCLUSION:

Accordingly, Mr Cations’ Licence to drive in races is suspended for 3 days from the conclusion of racing today, up to and including racing on the 5th of October 2023.

Decision Date: 24/09/2023

Publish Date: 25/09/2023