Archive Decision

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Cambridge – Te Awamutu HRC – 6 October 2009 – Race 7

ID: JCA18926

Hearing Type:
Old Hearing

Rules:
869.7C

Hearing Type (Code):
harness-racing

Meet Title:
Cambridge - Te Awamutu HRC - 6 October 2009

Race Date:
2009/10/06

Race Number:
Race 7

Decision:

An information instigating a protest was filed by Stipendiary Steward Mr T Taumanu against FRANCO NOUVEL, driven by Mr P Butcher, placed 1st by the judge, on the grounds of an alleged breach of rule 869(7c) in that the sulky wheel of the horse was inside the track markers for more than 30m prior to the last 600m of the race. 



An information instigating a protest was filed by Stipendiary Steward Mr T Taumanu against FRANCO NOUVEL, driven by Mr P Butcher, placed 1st by the judge, on the grounds of an alleged breach of rule 869(7c) in that the sulky wheel of the horse was inside the track markers for more than 30m prior to the last 600m of the race. 

--

Mr G Small, the trainer of the horse, on behalf of the connections, endorsed the information “I do not wish to contest the protest”.  He also told the informant he did not wish to be present at the hearing.

--

Mr Taumanu said the sulky wheel of the horse had gone inside the track markers on 3 occasions prior to the last 600m of the race – twice on the bend out of the home straight and once on the bend at the 1400m.  He estimated the sulky wheel had been inside the markers for between 100 and 140m.  He said the horse had been hanging and no blame should be attached to Mr Butcher.  The committee viewed the film of the race. It confirmed the evidence of Mr Taumanu.

--

Decision and Reasons
The track marker regulations require horses (and their sulkies) to race at all times on the outside of the track markers.  The sulky wheel of FRANCO NOUVEL was inside the track markers on three occasions before the last 600m of the race, for a distance in excess of 100m.  The rule confers a discretion to disqualify when a sulky wheel is inside the track markers for more than 30m prior to  the last 600m of the race.  Given the number of breaches of the regulation and the distance involved, the committee’s decision is to disqualify FRACO NOUVEL.  The actions of Mr Small indicate he accepted the horse should be disqualified. 

--

The amended placings are:-
1st  SPENDIT                    2nd  ALL MIGHT MADISON           3rd  THAITANIC
4th  COUNTY DOWN       5th  BLACKJACK DOLLAR            6th  GREG MURFIE

--

B J Rowe             J Holloway
CHAIR                  Committee Member
13107

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: 2a6136ffaa21be44e92668e01b6cef24


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 06/10/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Cambridge - Te Awamutu HRC - 6 October 2009 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

An information instigating a protest was filed by Stipendiary Steward Mr T Taumanu against FRANCO NOUVEL, driven by Mr P Butcher, placed 1st by the judge, on the grounds of an alleged breach of rule 869(7c) in that the sulky wheel of the horse was inside the track markers for more than 30m prior to the last 600m of the race. 



An information instigating a protest was filed by Stipendiary Steward Mr T Taumanu against FRANCO NOUVEL, driven by Mr P Butcher, placed 1st by the judge, on the grounds of an alleged breach of rule 869(7c) in that the sulky wheel of the horse was inside the track markers for more than 30m prior to the last 600m of the race. 

--

Mr G Small, the trainer of the horse, on behalf of the connections, endorsed the information “I do not wish to contest the protest”.  He also told the informant he did not wish to be present at the hearing.

--

Mr Taumanu said the sulky wheel of the horse had gone inside the track markers on 3 occasions prior to the last 600m of the race – twice on the bend out of the home straight and once on the bend at the 1400m.  He estimated the sulky wheel had been inside the markers for between 100 and 140m.  He said the horse had been hanging and no blame should be attached to Mr Butcher.  The committee viewed the film of the race. It confirmed the evidence of Mr Taumanu.

--

Decision and Reasons
The track marker regulations require horses (and their sulkies) to race at all times on the outside of the track markers.  The sulky wheel of FRANCO NOUVEL was inside the track markers on three occasions before the last 600m of the race, for a distance in excess of 100m.  The rule confers a discretion to disqualify when a sulky wheel is inside the track markers for more than 30m prior to  the last 600m of the race.  Given the number of breaches of the regulation and the distance involved, the committee’s decision is to disqualify FRACO NOUVEL.  The actions of Mr Small indicate he accepted the horse should be disqualified. 

--

The amended placings are:-
1st  SPENDIT                    2nd  ALL MIGHT MADISON           3rd  THAITANIC
4th  COUNTY DOWN       5th  BLACKJACK DOLLAR            6th  GREG MURFIE

--

B J Rowe             J Holloway
CHAIR                  Committee Member
13107


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.7C


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 70ec0060fbd60eaabd9ea2724b49a61b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cfb13644e2cfb2fb797b563518bfafb9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/10/2009


meet_title: Cambridge - Te Awamutu HRC - 6 October 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Cambridge - Te Awamutu HRC