NZ Metro TC 16 April 2022 – R9 (heard 18 April 2022 at Motukarara) – Kyle Cameron

BACKGROUND:

Following the running of Race 9, Ricoh “Ratto” Showcase Handicap Trot, the Respondent Kyle Cameron admitted a breach of Rule 869(3)(b) – namely, that as the Driver of RED HARBOUR in the race, he drove carelessly rounding the first bend when allowing his runner to strike the sulky wheel of MY MOMENT’S NOW (Tim Williams) which punctured with RED HARBOUR breaking from its gait and losing all chance.

The Information was filed on race night and adjourned sine die as the Respondent had left the course. It was served on the Respondent at Motukarara Raceway on 18 April 2022 at the meeting of Banks Peninsula TC and heard at that meeting.

The Respondent had endorsed the Information “I do admit the breach of the Rule” and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

EVIDENCE:

Using the available video replays, Stipendiary Steward Paul Williams, identified the horses involved in the incident – namely, RED HARBOUR, driven by the Respondent and MY MOMENT’S NOW (Tim Williams). Just after passing the winning post after 300 metres of the 2600 metres standing start race, Mr Williams showed that RED HARBOUR had shifted in attempting to get on the back of MY MOMENT’S NOW. He showed that Mr Williams, driving MY MOMENT’S NOW, had looked down and to his left as RED HARBOUR struck his near side sulky wheel, which had punctured. Mr Williams continued on in the race while RED HARBOUR broke and lost its chance, Mr Williams said.

Mr Cameron said that there was not a lot that he could say other than he had just touched the tyre of Mr Williams’ sulky.

DECISION:

The charge is admitted by the Respondent and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent has had 86 drives this season (from 1 January 2022) and, in the extended 2020/2021 season, had 333 drives. He submitted that it was the view of Stewards that the penalty should reflect the consequences to both Mr Williams’ runner and Mr Cameron’s own runner.

Mr Williams submitted that a suspension of 3 days would be an appropriate penalty.

Mr Cameron submitted that a lesser suspension of 2 days should be imposed. He said that, if the suspension were to be 3 days, he would not seek a deferment.

REASONS FOR PENALTY:

The prescribed Penalty Guide starting point for careless driving is a 10-drives suspension or a $500 fine. Mr Williams has submitted that a 3-days suspension is an appropriate penalty for this breach. Mr Cameron suggested 2 days.

Mr Cameron had three drives at this meeting and it is probably generous to allow him an average of three drives per meeting. This would equate to a 3-4 days suspension on that basis. Taking a 3-days suspension as the starting point, the aggravating factors have to be taken into account. These are, clearly, that not only did he put his own runner out of the contest, but also it has to be said that he has most likely affected the chances of the favourite for the race MY MOMENT’S NOW which, as a result of Mr Cameron’s carelessness had to drag a punctured tyre for the final 2300 metres of the race. MY MOMENT’S NOW was able to complete the race but finished in 9th placing, 12.4 lengths from the winner. Having regard to those factors, an uplift of the starting point to 4 days is appropriate.

Mr Cameron is entitled to a discount from that starting point for the mitigating factors – his good record and his admission of the breach. That discount will be 1 day.

The degree of carelessness was minimal – a slight error of judgement – but the consequences, as mentioned, were quite significant.

CONCLUSION:

Mr Cameron is suspended from after close of racing on 18 April up to and including 25 April 2022 – 3 days. The meetings intended to be encompassed by the period of suspension are as follows – NZ Metropolitan TC on 21 April, Geraldine TC on 24 April and Ashburton TC on 25 April 2022.