Kaikoura TC – 29 October 2007 – Race 4

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hearing_racingtype: harness-racing

startdate: 29/10/2007

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decisiondate: no date provided

hearing_title: Kaikoura TC - 29 October 2007 - Race 4

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Following the running of race 4, Chief Stipendiary Steward, Mr N R Escott, filed an information alleging a breach of Rule 869(4) by Mr C P Iggo, in that he drove in a manner likely to cause interference

Following the running of race 4, Chief Stipendiary Steward, Mr N R Escott, filed an information alleging a breach of Rule 869(4) by Mr C P Iggo, in that he drove in a manner likely to cause interference when placing M P Jones (SOMERTON BEAU) in restricted room and forcing R P Nyhan (LUKE SKYWALKER) wider.

Mr Iggo did not admit the breach and was present at the hearing of the information.

Presenting his case, Mr Escott called Mr M P Jones, the driver of SOMERTON BEAU. Mr Jones said that he was trailing Mr Thornley (ZANDARA) down the back when that horse broke. He said he avoided Mr Thornley, moved outside the breaking horse and back down onto the markers. Mr Jones agreed with Mr Escott that he had made ground on the inside and was already on the inside of Mr Iggo’s wheel and moving back down when Mr Iggo moved down.

Mr Escott referred to the films of the race to highlight the incident. They showed Mr Jones moving around Mr Thornley’s breaking horse (ZANDARA) and back down onto the pylons. He pointed out that, at this stage, Mr Iggo was following Mr Nyhan (LUKE SKYWALKER) in the one-out line before he himself moved down, and in his view, crowding Mr Jones on the inside.

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He said that Mr Iggo was then caught in ‘no man’s land’ outside Mr Jones and pushing Mr Nyhan wider. Mr Jones agreed that he was forced to race in tight quarters and ‘knocked a few (pylons) over’.

Stipendiary Steward Mr McIntyre said that he viewed the incident from the box at the top of the straight. He said that approaching the 1600m mark, Mr Thornley was racing back on the fence but has broken and Mr Jones, who was trailing, went around the breaking horse and back into his position on the fence. At this stage Mr Iggo was racing on Mr Nyhan’s back in the one-out line. It was his view that Mr Jones was back in position on the pylons before Mr Iggo came down from the one-out line on to the fence.

Mr Iggo did not agree with Mr Jones’ account. He agreed that he came off Mr Nyhan’s back but said that Mr Jones was not on his inside, that he was clear of Mr Jones and had moved into clear space. He said there was also a lot of space further down on the inside as the horses had moved off the fence, and Mr Jones came through and up on the inside and caused (what he referred to as) the dilemma. He said that Mr Jones had pushed up and, as a result, he couldn’t push him down or push out, so all he could do was ease back with safety.

Referring to the video, Mr Iggo said the head of his horse was inside Mr Nyhan’s back as Mr Jones was pushing on, which showed he was committed to come down before Mr Jones came through. In his opinion, he was entitled to move down into the open space and it was his view that Mr Jones forced the issue.

To the committee, Mr Iggo said that, as they then approached the turn, the horses in front, which had moved off the fence, moved back down, and he became caught between horses. He said he believed this occurred because Mr Jones went forward and created the situation but said it was fair to say that they were both going for that same position. He believed the video supported his view.

Following deliberation, the Committee announced a brief verbal decision and advised that a full written decision would be available in due course.

In this case, Mr Iggo appears on a charge of driving in a manner likely to cause interference when placing M P Jones (on SOMERTON BEAU) in restricted room and forcing R P Nyhan (LUKE SKYWALKER) wider.

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Evidence was heard from the stipendiary stewards, and from driver Mr Jones, supporting the alleged breach, and from driver, Mr Iggo.

The parties also referred to the films of the incident to support their description of events.

After hearing the evidence and viewing the films of the incident, the Committee finds the charge proved. We accept that at about the 1600m mark, Mr Jones (on SOMERTON BEAU) had moved around the breaking ZANDARA and into the vacant position on the pylons before Mr Iggo (MUMBO JUMBO) made his decision to come off the back of Mr Nyhan and, by doing so, forced Mr Jones down onto the pylons. We accept that Mr Jones was already there and entitled to be and, as a result of his decision, and as the horses in front moved back down, Mr Iggo was then caught in what was termed ‘no man’s land’, between horses, forcing Mr Nyhan wider. Whilst he agreed they were both going for the same position, we are satisfied Mr Iggo’s movement caused the resulting situation, and it is to his credit that he was then able to ease the horse out before a serious situation occurred.

In respect to penalty, Mr Escott indicated that Mr Iggo had not appeared before the Committee in the last 12 months. He said he drives only his own horses and, while a suspension of his licence to drive is an option, he recommended a fine in the order of $250-$300.00.

Mr Iggo asked that consideration be given to the manner in which he managed the situation after the incident, the minor interference, and the fact that he eased his horse out in a safe manner.

The Committee is satisfied that, in the circumstances of this case, a suspension is not appropriate. We acknowledge Mr Iggo’s submissions, and accept that the incident is at the lower end of the scale which, the committee is satisfied, would be dealt with by way of a fine.

Mr Iggo is fined the sum of $200.00.

R G McKenzie                                            P H M Welch

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hearing_type: Old Hearing

Rules: 869.4

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race_title: Race 4

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meetdate: 29/10/2007

meet_title: Kaikoura TC - 29 October 2007

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name: Kaikoura TC