NZ Metro TC – 6 July 2010 – R 8

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startdate: 06/07/2010

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hearing_title: NZ Metro TC - 6 July 2010 - R 8

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:                  Mrs K. R. Williams Stipendiary Steward

Defendant:                 N/A

Information No:         14532 (Instigating a Protest)

Meeting:                     New Zealand Metropolitan Trotting Club         

Date:                           6 July 2010

Venue:                        Addington Raceway    

Race  8:                      3 TAB’s (Bishopdale-Bush Inn-Holy Grail) Mobile Pace

Rule No:                     869(8)

Judicial Committee:   J M Phelan, Chairman - S C Ching, Committee Member

FACTS:

Following the running of Race 8, the 3 TAB’s (Bishopdale-Bush Inn-Holy Grail) Mobile Pace, an information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging interference by “Franco Radial” (10) driven by Mr R. A. Reekie to “Taieri Wings” (1) driven by Mr R. J. Sissons.

The Information reads as follows.

“This is a protest by horse number (1) placed 7^th by the judge against horse number (10 ) placed 3^rd  by the Judge on the grounds of interference on the final bend”

Rule 869(8) provides 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:

(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or

(b) 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.”

SUBMISSIONS:

Mrs Williams gave evidence that after the race it was reported to the Stipendiary Stewards by Mr Sissons that “Taieri Wings” sulky had received a punctured tyre during the race. Video coverage of this stage of the race was shown on numerous occasions, but there was nothing to indicate where or when this incident might have occurred.  It was also established at the hearing that “Taieri Wings” had finished in 7^th position, with the official margin between 3^rd and 7^th being .9 of a length.

Mr Sissons gave evidence that on rounding the final bend he had felt a “bang” and believed that the horse trailing him had hit his wheel.   Mr Sissons said it was not immediately obvious that the tyre was off during the run home.  Mr Sissons said that this affected the progress of his horse, but that he was not sure if this would have affected his finishing position.  At the time of this incident he was being trailed by “Franco Radial”.

It was clarified during the hearing that the tyre was still half on the rim after the incident.

Mr Reekie gave evidence that he was not aware that he had made contact with Mr Sissons’  sulky wheel. 

After hearing the evidence we adjourned to consider our decision.

DECISION:

After carefully considering the evidence and the video coverage we were not satisfied that the evidence was sufficiently clear to find that there was contact as described.  On the one hand Mr Sissons said he felt a bang, and on the other hand Mr Reekie said that he was not aware that there had been contact.  There is the suspicion that it was Mr Reekie’s horse that had made contact with Mr Sisson’s sulky wheel, but a suspicion is not enough to uphold a protest.  It is also relevant that after hearing the bang Mr Sissons did not immediately notice any damage to the tyre.

We decided that this protest should be dismissed.

On resuming the hearing we advised the parties that a full written decision would be given later, and we gave the following oral decision.

“Having seen the video coverage, and having heard the evidence, the first question we have got  to answer is - was there in fact interference?  Mr Sissons said he felt a bump, but we cannot be sure that this was related to the damage to the tyre.  The video coverage does not verify any contact.  Accordingly we are not satisfied on the balance of probabilities that there was interference and the protest is dismissed and the placings stand.”

J. M. Phelan                                      S. C. Ching

Chairman                                         Committee Member

14532

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hearing_type: Old Hearing

Rules: 869(8)

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race_title: R 8

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meetdate: 06/07/2010

meet_title: NZ Metro TC - 6 July 2010

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name: NZ Metro TC