NZ Metro TC 18 June 2023 – R6 (heard 23 June 2023 at Addington) – Ross Cameron

Summary of Facts:

This was an adjourned hearing from the NZ Metro Trotting Club’s meeting on 18 June 2023, heard at the NZ Metro Trotting Club’s meeting on 23 June 2023.

Following the running of Race 6, the Respondent, Driver, Ross Cameron, admitted a breach of Rule 869(2); namely that when driving DANA DUNDEE, he used his whip in more than a wrist flicking motion in the run home.

The Respondent 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 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Regulation 3.1 reads as follows;

3. USE OF THE WHIP

 3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

Stipendiary Steward Matthew Sole, with the assistance of Stipendiary Steward, Paul Williams,  used available video footage to demonstrate the alleged breach. Mr Williams pointed out Mr Cameron draw his whip and use it with more than a flicking motion on 4-5 occasions over the early part of the run home. Mr Sole added that Mr Cameron took corrective measures closer to the line and returned to a compliant style of whip use.

The Respondent elected to make no submissions in regard to the breach.

Decision:

As Mr Cameron admitted the breach, the charge was found proved.

Submission For Penalty:

Mr Williams stated that Mr Cameron had a previous breach on 10 April 2023 at Banks Peninsula, where he received a 3 day suspension. As this was Mr Cameron’s 2nd breach within a six month period, Mr Sole submitted that a suspension in line with the Penalty Guide be considered as penalty. Mr Sole added that the breach was low to mid level.

The Respondent made no submissions in regard to penalty, apart from requesting that any suspension begin after racing at Addington on Sunday 25 June 2023, where he had declared drives.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee determined that this breach was low level.

The Penalty Guide provides for a 2nd offence, low-level breach of this Rule, a 3 day suspension.

This Adjudicative Committee determined that there were no aggravating factors to consider, therefore no uplift warranted. Having considered all factors, the Adjudicative Committee deemed a 3 day suspension was an appropriate penalty in this case.

Conclusion:

The Respondent, Mr Cameron, is suspended from the conclusion of racing on 25 June 2023, up to and including 7 July 2023. Relevant meetings encompassed in this suspension are Addington – 30 June, Addington – 2 July and Addington – 7 July 2023.