Morrinsville TC – 16 January 2005 –
ID: JCA18438
Hearing Type (Code):
harness-racing
Decision: --
Following the running of race 11 an information alleging a breach of rule 862 (2).
--The informant was Mr T W Taumanu and this protest was against horse no 9 Thaddeus which had drawn 9 and should have started from one on the second row.
| -- Following the running of race 11 an information alleging a breach of rule 862 (2). --The informant was Mr T W Taumanu and this protest was against horse no 9 Thaddeus which had drawn 9 and should have started from one on the second row. --Present at the hearing was Mr R J Brosnan the trainer /driver of Thaddeus who did not admit the breach. --The information alleged that Thaddeus did not start from the correct mobile barrier position at No 1 on the second line. --Mr Taumanu showed the video of the start and Mr Muirhead identified the horses concerned, it was the alleged that Thaddeus was in advance of Roxie Lee driven by Miss A Donnelly. --Mr Taumanu called Miss Donnelly the driver of Roxie Lee who stated that in her opinion Thaddeus was up inside her at the point of dispatch. --Mr Taumanu stated that when the light on the mobile stating gate comes on this constitutes an official start. Video evidence was shown both side on, and head on. --Mr Brosnan when giving his evidence stated that at the point of dispatch he was in behind Roxie Lee, Mr Brosnan argued that the green light signaling an official start was late in coming on he also stated that he was watching the person who dropped the flag at the start and denied he was in advance of Roxie Lee at the point of dispatch. --Mr Colin Courtney was called to give evidence and he stated that he was watching the outside horses and did not look to the number one horse and could not confirm that Thaddeus was in advance of Roxie Lee at the point of dispatch. Mr Courtney admitted that the mobile barrier had drifted out maybe one horse width. --Decision and Reasons. --Having taken all of the evidence as presented into consideration I fined there is inconclusive evidence to substantiate a breach of this rule. The video of the start is not clear as to the actual starting point even with the running rail painted with black paint at the point of dispatch. --There is some doubt as to the fact that Thaddeus was in fact ahead of Roxie Lee at the point of dispatch. Mr Brosnan admitted that after the start he was up inside Roxie Lee however in his eyes this was after the start. --Taking all of the above into consideration I therefore dismiss this protest and order the judges placings stand . --The information number 66008 alleging a breach of 862(2), 857 (70 (d) against Mr Brosnan was withdrawn by stipendiary control on the dismissal of the protest. |
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Decision Date: 16/01/2005
Publish Date: 16/01/2005
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 0af55d42348f138158a7388b906cf569
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/01/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Morrinsville TC - 16 January 2005 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of race 11 an information alleging a breach of rule 862 (2).
--The informant was Mr T W Taumanu and this protest was against horse no 9 Thaddeus which had drawn 9 and should have started from one on the second row.
| -- Following the running of race 11 an information alleging a breach of rule 862 (2). --The informant was Mr T W Taumanu and this protest was against horse no 9 Thaddeus which had drawn 9 and should have started from one on the second row. --Present at the hearing was Mr R J Brosnan the trainer /driver of Thaddeus who did not admit the breach. --The information alleged that Thaddeus did not start from the correct mobile barrier position at No 1 on the second line. --Mr Taumanu showed the video of the start and Mr Muirhead identified the horses concerned, it was the alleged that Thaddeus was in advance of Roxie Lee driven by Miss A Donnelly. --Mr Taumanu called Miss Donnelly the driver of Roxie Lee who stated that in her opinion Thaddeus was up inside her at the point of dispatch. --Mr Taumanu stated that when the light on the mobile stating gate comes on this constitutes an official start. Video evidence was shown both side on, and head on. --Mr Brosnan when giving his evidence stated that at the point of dispatch he was in behind Roxie Lee, Mr Brosnan argued that the green light signaling an official start was late in coming on he also stated that he was watching the person who dropped the flag at the start and denied he was in advance of Roxie Lee at the point of dispatch. --Mr Colin Courtney was called to give evidence and he stated that he was watching the outside horses and did not look to the number one horse and could not confirm that Thaddeus was in advance of Roxie Lee at the point of dispatch. Mr Courtney admitted that the mobile barrier had drifted out maybe one horse width. --Decision and Reasons. --Having taken all of the evidence as presented into consideration I fined there is inconclusive evidence to substantiate a breach of this rule. The video of the start is not clear as to the actual starting point even with the running rail painted with black paint at the point of dispatch. --There is some doubt as to the fact that Thaddeus was in fact ahead of Roxie Lee at the point of dispatch. Mr Brosnan admitted that after the start he was up inside Roxie Lee however in his eyes this was after the start. --Taking all of the above into consideration I therefore dismiss this protest and order the judges placings stand . --The information number 66008 alleging a breach of 862(2), 857 (70 (d) against Mr Brosnan was withdrawn by stipendiary control on the dismissal of the protest. |
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 862.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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