Franklin TC – 26 May 2006 – Race 8

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startdate: 26/05/2006

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hearing_title: Franklin TC - 26 May 2006 - Race 8

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An information was lodged by Stipendiary Steward Mr J M Muirhead against Mr FD Cooney the Driver of Robyn Blue in that he was in breach of the Half Carting Rule when he failed to trail the horse he was following from the 1200 metre mark to the 800 metre mark.

An information was lodged by Stipendiary Steward Mr J M Muirhead against Mr FD Cooney the Driver of Robyn Blue in that he was in breach of the Half Carting Rule when he failed to trail the horse he was following from the 1200 metre mark to the 800 metre mark.

Due to time constraints this information was adjourned for a Hearing at Alexandra Park prior to the Manukau Trotting Club meeting on Friday the 2^nd of June 2006.

Mr Cooney did not admit the breach and did wish to be present at the Hearing.

The relevant Rule was read out at the Hearing and Mr Cooney was asked if he understood the Rule and he acknowledged doing so.

Evidence was given by Mr Muirhead and he stated that he witnessed the incidents from the Stipendiary Steward's position opposite the winning post and had a very good view of the race and the incidents complained about.   He stated that the field had broken up due to Diamond Bromac (Driver ? T McFarlane) going out to a large lead.   In second place prior to the incidents was High Ho Silver Lining (Driver ? AG Herlihy) followed by Miss Bubbles (Driver ? M Purdon) and then Robin Blue driven by Mr Cooney.   He then further stated that as the field turned into the home straight with 1200 metres to run Mr Cooney was half carting and was in line with the outer sulky wheel of the sulky of Miss Bubbles and stayed there.   Mr Muirhead did state that Mr Purdon did come out and then go back in in the straight and then Mr Cooney pulled his horse out fully but despite that Mr Muirhead said that it seemed to him that Mr Cooney was half carting for the majority of the straight.   Mr Muirhead stated that prior to the 800 metre mark Mr Cooney came out and then back in blocking the horses behind him and controlling the race as far as those were concerned.

Mr Muirhead then demonstrated the incidents by use of the video film of the race.

Mr Cooney asked Mr Muirhead if he was entitled to come out after the 1000 metre mark and Mr Muirhead confirmed that he was but said that he had to come out fully.   Mr Muirhead also stated that the situation was aggravated by Mr Cooney half carting for the length of the straight and then doing so around the bend going into the back straight.  

Mr Cooney in evidence said that his horse wears two boring poles and runs in and is not the easiest horse to drive.   He pointed to Mr Purdon's horse coming out and then going back in in the straight and he said that he thought that Mr Purdon was going to come out and he was going to get on his back.   Mr Cooney said that if he was guilty of anything at the 1200 metre mark it was in not flushing Mr Purdon out fully.   Mr Cooney did acknowledge that he was guilty of half carting around the bend going out of the straight but said if he was guilty it was only for about 50 metres.

DECISION

In considering this matter and reaching its decision the Committee took into account the following matters:

1.       The actions of Mr Cooney as shown on the video film and the fact that in the Committee's opinion there were two separate incidents and neither lasted for a very long time.

2.       The movements of Miss Bubbles just after the 1200 metre mark.

3.       The evidence as a whole presented at this Hearing.

4.       The submissions made.

The Committee finds that the information is proven although it does find that this matter is at the lowest end of the scale.

Mr Muirhead and Mr Cooney were asked to make submissions as to penalty.

Mr Muirhead pointed to this being a contested charge and suggested a fine of $250.00.   Mr Cooney thought that a fine of $100.00 was more appropriate.

Having taken the submissions into account the Committee ordered that Mr Cooney be fined the sum of $175.00.

BJ Scott

Chairman

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raceid: b503a07b52c6dc0c92b01566e1aff0fd

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race_title: Race 8

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meetdate: 26/05/2006

meet_title: Franklin TC - 26 May 2006

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name: Franklin TC