Archive Decision

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NZ Metro TC – 17 November 2006 –

ID: JCA18688

Hearing Type:
Old Hearing

Rules:
869.8

Hearing Type (Code):
harness-racing

Decision: --

Following the running of Race 4, the Metalcraft Roofing Handicap Trot, an Information instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8)



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DECISION AND REASONS:

--

Following the running of Race 4, the Metalcraft Roofing Handicap Trot, an Information instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8). The information reads as follows.

------

"This is a protest against horse number (7) placed 5th by the judge on the grounds of interference to horse number (8) after approx. 350m."

--

Rule 869(8) reads as follows.

--

"The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:

--
    ------
      --
    1. may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
    2. --
    3. may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -
------

immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.

--

--

Mr Escott called evidence from Mr K. M. Barron, the driver of "Conagher" (4), who said that he was 3rd or 4th when the lead horses came across at about the 350 metre mark and he ran out of room and broke. The horse that caused him to run out of room was Billy Boy driven by Mr Nyhan. Video coverage of the incident was also shown.

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Mr Nyhan is the part owner and driver of "Billy Boy". After seeing the video coverage and hearing the evidence Mr Nyhan agreed that his horse had to be relegated.

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The amended places are as follows.

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1st ? Smart Seeker (11)

--

2nd ? Blakatak (10)

--

3rd ? In Command (8)

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4th ? Lord's Invasion (3)

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5th ? Time To Shine (1)

--

6th ? Conagher (4)

--

--

--

--
    --
  1. M. Phelan
--

Chairman

--

 

--

 

Decision Date: 17/11/2006

Publish Date: 17/11/2006

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

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: 1ea214db4304ca8bd0e106a236c53cde


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 17/11/2006


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 17 November 2006 -


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of Race 4, the Metalcraft Roofing Handicap Trot, an Information instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8)



--

DECISION AND REASONS:

--

Following the running of Race 4, the Metalcraft Roofing Handicap Trot, an Information instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8). The information reads as follows.

------

"This is a protest against horse number (7) placed 5th by the judge on the grounds of interference to horse number (8) after approx. 350m."

--

Rule 869(8) reads as follows.

--

"The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:

--
    ------
    --
  1. may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
  2. --
  3. may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -
------

immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.

--

--

Mr Escott called evidence from Mr K. M. Barron, the driver of "Conagher" (4), who said that he was 3rd or 4th when the lead horses came across at about the 350 metre mark and he ran out of room and broke. The horse that caused him to run out of room was Billy Boy driven by Mr Nyhan. Video coverage of the incident was also shown.

--

Mr Nyhan is the part owner and driver of "Billy Boy". After seeing the video coverage and hearing the evidence Mr Nyhan agreed that his horse had to be relegated.

--

The amended places are as follows.

--

1st ? Smart Seeker (11)

--

2nd ? Blakatak (10)

--

3rd ? In Command (8)

--

4th ? Lord's Invasion (3)

--

5th ? Time To Shine (1)

--

6th ? Conagher (4)

--

--

--

--
    --
  1. M. Phelan
  2. --

    Chairman

    --

     

    --

     


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    Rules: 869.8


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