Auckland TC – 25 April 2008 –

hearingid: 17163cb13ff56f0991876bbb9dada0e1

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hearing_racingtype: harness-racing

startdate: 25/04/2008

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hearing_title: Auckland TC - 25 April 2008 -

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An information instigating a protest under Rule 869 (4) and (8) lodged by Stipendiary Steward Mr J Muirhead on behalf of HE’S MY HERO driven by Mr M McKendry and placed 7^th, against MCKAY driven by Mrs N Molander placed 4^th,  on the grounds of interference about 900m from the winning post.

Mr M House, trainer, represented the connections of MCKAY and Mr McKendry represented the connections of HE’S MY HERO. 

Mr Muirhead demonstrated the incident by use of the video film.  MCKAY when improving outwards about 900m from the winning post struck the left sulky wheel of HE’S MY HERO causing the tyre to become flat and loose.  Mr McKendry confirmed what Mr Muirhead had said and stated that when travelling around the bend out of the back straight his sulky veered out, started skidding and didn’t feel safe.  For safety reasons he then eased HE’S MY HERO out of the race.  Mrs Molander admitted that MCKAY had struck the wheel of Mr McKendry’s sulky.  Mr House said that the new wheel which was on the sulky of HE’S MY HERO was made for speed and not for contact.  He had inspected the tyre after the race and the tube had come out of the side of it but the wheel was not buckled.  He spoke about other races where tyres had been flattened and no protests had been lodged and the drivers had elected to continue in the race.  Mr House expressed serious concern about the safety of the type of new wheel which was on the sulky of HE’S MY HERO.

DECISION AND REASONS :

There was no dispute that MCKAY struck the sulky wheel of HE’S MY HERO and damaged the tyre causing it to be flattened.  The evidence of Mr McKendry regarding the concerns he had on the final bend were clear and accepted by the Committee.  The Committee accepted that it was appropriate for Mr McKendry to take the action that he did.  Therefore it was accepted that the chances of HE’S MY HERO were affected seriously.  The Committee upholds the protest and MCKAY is relegated to 7^th place and HE’S MY HERO promoted to 6^th.  The Committee advised Mr House to take up the matter of the safety of the new wheels with the Trainers’ and Drivers’ Association.

B Rowe

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hearing_type: Old Hearing

Rules: 869.4

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