Cambridge – Te Awamutu HRC – 26 June 2008 – Race 9

hearingid: 33e04d8b2acb50f8ed6f3b144dd107a3

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hearing_racingtype: harness-racing

startdate: 26/06/2008

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hearing_title: Cambridge - Te Awamutu HRC - 26 June 2008 - Race 9

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RACE NO:     9          INFORMATION NO:             13075              RULE NO:      870

An Information was lodged by Stipendiary Steward Mr TW Taumanu against the first placing of horse number 1, Mr Rickerby (Driver Mr S McCaffrey) on account of breaking approximately 300 metres after the start and galloping for approximately 100 metres and after settling galloping again for another 70 metres and as a result of its racing manners it was allowed to move off the marker line to the outside of the field by other Horsemen with approximately 1900 metres to run.

The protest was defended.  

Mr McCaffrey the Trainer/Driver of Mr Rickerby was present as was Mr SP Doody one of the owners of the horse.

Evidence was given initially by use of the video film of the race and the incidents were demonstrated by Stipendiary Steward Mr JM Muirhead.   Mr Muirhead also advised me that the Breaking Horse Regulations applied.   Mr Muirhead pointed out each incident in turn and showed that approximately 300 metres after the start Mr Rickerby which was leading broke and galloped.   Mr Muirhead thought that perhaps the distance was about ninety metres.

Mr Muirhead then demonstrated the second incident which showed that after Mr Rickerby had settled and was back pacing it broke again and galloped for approximately 70 metres.

Mr Muirhead then demonstrated the incident where with approximately 1900 metres to go Mr Rickerby was on the marker lines but was racing greenly.   He showed how several Horseman around Mr Rickerby eased their horses to allow a space to be available and this allowed Mr Rickerby to move off the marker line and out round the outside of the field.   Mr Rickerby subsequently went on to the front and lead for the rest of the race and won under a hold by three lengths.

Mr Taumanu in giving his evidence pointed to the aggregate of the distances over which Mr Rickerby had broken and said that this was in excess of 150 metres in the first part of the race and accordingly Mr Rickerby should be disqualified.

Mr Taumanu also pointed to Mr Rickerby’s racing habits and to the incident where Mr Rickerby was allowed to move from the market line to the outside of the field.  Mr Taumanu said that from his position he heard Mr McCaffrey call out to the other horsemen and after that they made room for Mr Rickerby to move.  Mr Taumanu suggested that this was close to a push out situation.

Mr McCaffrey, for his part, acknowledged the first break, but said that in respect to the second break it was not his horse’s fault.  He said that Soul to Squeeze driven by Mr T Mitchell came across in front of his horse and clipped his front legs and caused him to break.  His horse had been settled and pacing property prior to that contact.

Mr Muirhead at that stage acknowledge that from his position he heard the contact but he suggested that Mr McCaffrey had gone inside the marker line at that stage and had a duty to restrain his horse behind Mr Mitchell’s horse.  Mr McCaffrey pointed out that initially his inside wheel had gone in the marker line about 4 inches he thought but that, prior to contact being made, his horse was outside the marker line and pacing.  He said that it was the contact from Mr Mitchell’s horse that caused his horse to break. 

In respect to the incident with 1900 metres to go, Mr McCaffrey did say that he called out to the other drivers “you better let me out”.  Several drivers did ease their horses and there was ample room for Mr McCaffrey to move out and he did so and then went round the field and subsequently won the race.

In assessing this situation, I viewed the films again numerous times.  I looked at each incident in turn and dealt with these as follows:

a)         When Mr Rickerby first broke and galloped, I estimated that the gallop was probably for about 70 or 80 metres.  Mr McCaffrey restrained his horse at that stage and he lost ground against the horses outside him.  He did not affect any other horses at that stage. 

b)         In respect to the second incident when Mr Rickerby galloped, I find as a matter of fact that this was the result of the contact from Soul to Squeeze.  Clearly Mr Rickerby cannot be blamed for galloping if it was interfered with by another horse. 

c)         Rickerby was allowed by other drivers to move off the running line and to the outside of the field.  I take the view that this was simply a choice that the other drivers made.  If they had not chosen to do so and Mr Rickerby, because of its racing manners, had made contact with horses on the outside then I would have taken a different view.  This was simply a situation where the other drivers had co-operated, there was as a  result ample room available and Mr Rickerby moved out and did not cause any interference to any other horses.

Taking all evidence into account, including the submissions from the Stipendiary Stewards and Mr McCaffrey, I dismiss the protest.

BJ Scott

Chairman

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