Westport TC 28 December 2022 – R8 – Kyle Cameron

BACKGROUND:

Following the running of Race 8, NBS 160 Anniversary Handicap Trot, the Respondent, Driver Kyle Cameron, admitted a charge that, as the Driver of PRINCE TEKA in the Race, he drove carelessly passing the 1700 metres when shifting ground inwards resulting in his runner locking stays with MAKE MY DAY (John Dunn) causing his horse to break.

The Respondent endorsed the information “I admit a breach of the Rule” and he confirmed that he understood the Rule and the nature of the charge.

Rule 869 provides:

(3) (b)  No driver in any race shall drive carelessly.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the incident, with approximately 1700 metres to race. He pointed out the two runners – PRINCE TEKA, driven by the Respondent, racing 3-wide in the open and MAKE MY DAY, driven by Mr Dunn, racing in the trail behind the leader. He then showed that Mr Dunn looked around before moving out of the trail to shift his runner wider. He was entitled to do so. The Respondent was still 3-wide, Mr Renault said.

Mr Cameron then shifted his runner inwards and, as a result, the sulky stays of both runners came together and locked for a short distance. The Respondent was forced to take a hold of his horse, which galloped and lost ground, Mr Renault said.

Stewards were alleging that, from a position in the trail, Mr Dunn had shifted out. The Respondent was still racing 3-wide, and should have remained there, but he attempted to shift in, he has explained to Stewards, thinking that Mr Dunn was about to shift back down. Mr Dunn did not actually go back to the markers.

The Respondent said that Mr Dunn, while he was improving 3-wide to the parked position had come out but, for a couple of strides, his horse’s head was turned inwards. The Respondent thought that Mr Dunn was going back down, but he came out again and the stays contacted.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Shane Renault, said that the Respondent has had 226 drives in the current season and, last season, had 333 drives. He has a clear record in relation to the Rule. The relevant penalty starting point is a 10-drive suspension, Mr Renault said.  Stewards believed that the Respondent would drive, on average, 3-4 times per meeting but he conceded that the Respondent would be likely to have more drives than that over a circuit. On that basis, the Stewards submissions is for a 3-day suspension, Mr Renault said.

The Respondent referred the Committee to a recent penalty for careless driving of a 1-day suspension and a $100 fine. He asked the Adjudicative Committee to adopt a similar approach.

After a consideration of upcoming meetings, the Respondent indicated that he did not require a deferment beyond the Reefton TC meeting on 30 December.

REASONS FOR PENALTY:

The starting point for penalty in this case is a 10-drive suspension. The Committee accepts that, in the case of the Respondent, 10 drives would equate to 2 or 3 days.

The aggravating factor to consider is that the Respondent’s runner, PRINCE TEKA, lost its chance in the Race as the result of its gallop. The Respondent had anticipated a move by Mr Dunn that did not happen. Mitigating factors to consider are the Respondent’s good record and his admission of the breach. The Respondent is entitled to credit for those mitigating factors. What may have been a 3-day suspension, becomes a 2-day suspension.

The Adjudicative Committee was not aware of the circumstances of the breach and penalty referred to by Mr Cameron and no weight was attached by the Committee to the submission.

CONCLUSION:

The Respondent is granted a deferment until after racing at Reefton TC on 30 December.

His Open Driver’s Licence is suspended from after racing on that date, 30 December, up to and including 8 January 2023.