NZ Metro TC 11 April 2024 – R4 – Kyle George Cameron

BACKGROUND:

Following the running of Race 4, Garrards Mobile Pace, Licensed Open Driver, Kyle Cameron, denied a charge that, as the Driver of JUDGEMENT BAY in the race, he shifted inwards racing into the first bend resulting in BLACK MACH (Sam Thornley) being crowded and striking track markers.

Rule 869(7A)(c) provides as follows:

(7A) Every driver who moves inwards shall ensure:

(c) that the movement does not cause any other driver, horse or sulky to contact any track marker or protrude inside the marker line.

EVIDENCE:

Stipendiary Steward, Mr Williams, said that Stewards were alleging that, racing into the first bend, the Respondent has shifted in and has “squeezed” Mr Thornley, causing Mr Thornley to contact, but not run over, two track markers/pylons.

Mr Williams showed a head-on video replay of the incident shortly after the start of the 1980 metres mobile start race. He pointed out JUDGEMENT BAY, driven by the Respondent, which had drawn barrier position 3, racing to the outside of BLACK MACH, driven by Sam Thornley, which had drawn 1, racing 1st and 2nd respectively, as the field approached the bend out of the back straight.

Mr Williams said that the head of the Respondent’s runner could be seen to be turned inwards. He took corrective action to straighten the horse but too late, Stewards believed, and two pylons were touched.

The Respondent explained that his horse was wearing a fixed pole, thus its head was always on the side. He had made no contact with Mr Thornley’s runner and had corrected before reaching the bend. The horse had anticipated the bend and, because the mare was about to head BLACK MACH, she had attempted to run down the track at the same time. He pointed out that Mr Thornley had not gone inside any pylons. He had merely “brushed” two, the Respondent said. Mr Thornley had got round the bend “perfectly fine”, he said, before the Respondent was able to get to the lead. He had taken corrective action before he actually reached Mr Thornley, the Respondent submitted. Mr Thornley had contacted the two track markers without being touched, he said.

In conclusion, Mr Williams submitted that the Respondent’s actions were “too little, too late”.

DECISION:

The charge was dismissed.

REASONS FOR DECISION:

Rule 869(7A)(c) provides that a driver who moves inwards shall ensure that such movement does not cause any other horse to contact or protrude inside any track marker.

In this case, the inwards movement of the Respondent’s runner has caused BLACK MACH, driven by Mr Thornley, to contact but not protrude inside two track markers.

The Respondent has pointed out that there was no contact with Mr Thornley’s runner and Mr Williams has accepted this as a fact. Of course, contact is not a necessary element of the offence.

The Adjudicative Committee finds that the inwards movement of the Respondent’s horse was caused by that horse rolling in slightly on the bend, and the Adjudicative Committee accepts the Respondent’s explanation that he took immediate action to correct the inwards movement. No contact was made, the pressure on Mr Thornley’s runner was minimal and its progress appeared to be in no way affected. It settled comfortably in the trail behind JUDGEMENT BAY, which was progressing to the lead.

The Adjudicative Committee acknowledges that there has been a technical breach of the Rule in that Mr Thornley’s runner has actually contacted, albeit slightly, two track markers – that was clear. However, the circumstances are such that the Adjudicative Committee cannot be satisfied, to the required standard of a balance of probabilities, that what happened was the result of the Respondent’s actions, or inaction.

Accordingly, the charge is dismissed.

Both parties declined the opportunity, offered by the Adjudicative Committee, to call Mr Thornley to give evidence.