HR Waikato 21 October 2016 – R 5 (instigating a protest) – Chair, Mr A Godsalve

hearingid: f1dc0d2347ba7249293c89a4d03eb6f4

informantnumber: A3740

horsename: PRECIOUS MOMENT

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 22/10/2016

hearing_title: HR Waikato 21 October 2016 - R 5 (instigating a protest) - Chair, Mr A Godsalve

charge:

facts:

Following the running of Race 5, the FURNWARE INDUSTRIES BODYFURN MOBILE TROT, a protest was instigated by Mr Mulcay against the winner PRECIOUS MOMENT driven by Junor Driver, Mr R Argue. The Information alleged that PRECIOUS MOMENT travelled over track markers for the majority of the run home for approximately 150 metres thereby gaining an advantage.

Mr S Argue, the trainer of PRECIOUS MOMENT and representing the owners of that horse was present at the hearing and informed the Committee that he wished to contest the protest.

Rule 869(7B) provides' Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman'.

The Judges official placings were:

1st - PRECIOUS MOMENT

2nd - SHADY SADIE

3rd - DANKE

4th - GREY STOKE

5th- MR NATURAL

The  margins were :   1 length, 3/4 length, 5 3/4 lengths.

appealdecision:

isappeal:

submissionsfordecision:

Using the available video films Mr Mulcay identified the horse PRECIOUS MOMENT as it neared the home turn. The horse was trailing the leader at the time. As the field entered the home straight Junior Driver Mr R Argue, driving PRECIOUS MOMENT, angled that horse in towards the passing lane. Using the head-on film Mr Mulcay pointed out that as the horse reached the passing lane, its sulky wheel made contact with a marker peg. As the horse reached the lead, Mr Mulcay stated that its sulky wheel was inside the marker pegs. As the horse made its way up the home straight it continued to race with one sulky wheel inside the marker pegs. The horse eventually won the race by one length. Mr Mulcay asserted that Mr Argue had made no effort to straighten the horse by taking any corrective action. He stated that in the Stewards' opinion, PRECIOUS MOMENT had  therefore gained an unfair advantage over the other horses and should be disqualified under the provisons of the Rule. Mr Mulcay referred to the Track Marker (7) provisions of the HRNZ Regulations which calls for a driver to restrain his horse and regain its position in the running  line if it shifts inside the track markers without causing interference to other runners.

In reply to a question from the Committee, Mr Mulcay stated that when PRECIOUS MOMENT initially crossed over the markers it was about 3/4 of a length behind the leader at the time.

Mr S Argue, the trainer of the horse involved, said that it was evident from the films that PRECIOUS MOMENT had crossed over the markers. He stated that the horse was wearing a Murphy Blind as it tended to hang when running on left-handed tracks. He said that he believed that the horse was going away at the finish. He said it had won by a length, and he did not consider it had gained any advantage by running over the markers. In reply to a question from the Committee, Mr Argue said he did not know how the horse would have reacted if the driver had reined it in to correct its position back onto the race-track.

Mr R Argue who drove the horse had nothing to add to what the horse's trainer had said.

reasonsfordecision:

The Committee reviewed the available films a number of times. It was clear that PRECIOUS MOMENT had angled inwards when it reached the passing lane, and that it had made contact with, and then crossed over a number of markers. The horse was full of running and went from a position of 3/4 length behind the original leader to go on and win the race by a length. It was apparent that as the horse raced up the home straight it had contacted some markers and its sulky  wheel had crossed over at least 7 markers. It was also clear, especially on the head-on film, that the driver had made no attempt to correct the horse to regain a position on the racetrack as he was required to do. The Committee considered that by consistantly racing up the home straight with a sulky wheel inside the marker pegs the horse had gained an advantage.

There was no allegation or evidence from any party that any other horse or driver had caused the breach by interfering with PRECIOUS MOMENT.

Decision:

The Protest was therefore upheld and the horse PRECIOUS MOMENT was disqualified from the race.

The official placings became:

1st - SHADY SADIE

2nd - DANKE

3rd - GREY STOKE

4th - MR NATURAL

5th - THANKS SHANE

Authority was given for payment of dividends and stake money in accordance with the amended result.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: Rule 869(7B)

Informant: Mr S Mulcay - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr R Argue - Junior Driver of PRECIOUS MOMENT

Respondent: Mr S Argue - Trainer of PRECIOUS MOMENT

StipendSteward:

raceid: 71c4b17faa81d576a9f0bc35ef4f5877

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R5

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 75a9dddf61f2a8ab047742d8a9e07cd5

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 21/10/2016

meet_title: Harness Racing Waikato - 21 October 2016

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: harness-racing-waikato

meet_racingtype: harness-racing

meet_chair: AGodsalve

meet_pm1: ADooley

meet_pm2: none

name: Harness Racing Waikato