Rangiora HRC – 1 December 2005 –

hearingid: 353a5877166ac02ad75ed42ec8fd420b

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hearing_racingtype: harness-racing

startdate: 01/12/2005

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hearing_title: Rangiora HRC - 1 December 2005 -

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Following the running of Race 4, the PlaceMakers Cranford St Dewalt Mobile Pace, an information instigating a protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8).

Following the running of Race 4, the PlaceMakers Cranford St Dewalt Mobile Pace, an information instigating a protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8). The information reads as follows.

"This is a protest by horse number (6) placed 8^th by the judge against horse number (3) placed 4^th by the judge on the grounds of interference. With approx. 1000m to run Last To Pass (L. O?Reilly) shifted up the track resulting in Louisiana Blue Jean (S. McNally) breaking."

Rule 869(8) reads 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:

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1. may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
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2. 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.

Present at the hearing were Mr S. McNally the driver of "Louisianna Blue Jean" (6), and Mr L. F. O?Reilly the trainer and driver of "Last To Pass" (3).

Mr McNally gave evidence that when Mr O?Reilly moved out at the 1000 metre mark his sulky came into contact with his horse's back leg and his horse broke. Mr McNally also said that this was not a gradual movement,

Stipendiary Steward Mr McIntyre illustrated this incident by means of video coverage, and said that the movement by Mr O?Reilly outwards resulted in contact being made..

Mr O?Reilly gave evidence that the horse he was following was racing erratically and he wanted to get clear of this horse. Mr O?Reilly did not dispute that there had been contact.

After hearing the evidence we retired to consider our decision.

The video coverage of this incident showed quite clearly that the outwards movement by Mr O?Reilly was quite sudden, rather than a gradual movement. Mr O?Reilly's reasons for this outward movement were not a valid reason for making this movement. On returning to the Enquiry Room we gave the following oral decision.

"Having heard the evidence and having seen the video coverage we are satisfied that Mr O?Reilly moved out with about 1000 metres to run and came into contact with "Louisianna Blue Jean". We are satisfied that interference did occur and that this affected the chances of "Louisianna Blue Jean", and for these reasons the protest is upheld."

"Last To Pass" was relegated to 8^th place and the amended places are as follows.

1^st ? Aotearose (5)

2^nd ? Felicity Wishes (1)

3^rd ? Diamond Bright (10)

4^th ? Royal Gambit (4)

5^th ? Jubilee Lass (12)

6^th ? Union Mary (7)

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hearing_type: Old Hearing

Rules: 869.8

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