Cambridge – Te Awamutu HRC – 16 January 2009 –

hearingid: 823e136c67c1c8ad91dceee84bf55c95

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hearing_racingtype: harness-racing

startdate: 16/01/2009

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decisiondate: no date provided

hearing_title: Cambridge - Te Awamutu HRC - 16 January 2009 -

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An information was filed following race number two alleging a breach of rules 869 (4) &870 (1) the informant was Mr.T.W.Taumanu Stipendiary steward and the defendant Mr.S.McCaffrey

An information was filed following race number two alleging a breach of rules 869 (4) &870 (1) the informant was Mr.T.W.Taumanu Stipendiary steward and the defendant Mr.S.McCaffrey.

The information alleged that horseman Mr.S..McCaffrey did not take BILLY MAGUIRE clear of the field when it broke racing toward the first bend but restrained it then forced a position in the trail impeding the progress of THAT’S GOLD (Mr.J.Abernethy).

Mr. McCaffrey did not admit the breach of these rules and was present at the hearing of this information.

At the outset of this hearing Mr McCaffrey stated he had not seen the film and new nothing of these charges until he was served this information by the registrar.

In view of this the hearing was adjourned so Mr.McCaffrey could be briefed by the Stipendiary Stewards as to the substance of the charges.

Mr. Taumanu opened his case going to the video of this incident with Mr. Muirhead identifying the relevant horses involved. Mr. Muirhead gave evidence and stated that Billy Maguire had broken form its gait when going to the lead for five strides and then came back into a pace it was alleged that Mr McCaffrey did not take his horse clear of the field and had come in and impeded the progress of THAT’S GOLD forced the driver MR.Abernethy to take hold of his horse and then Mr McCaffrey got into a position in the trail. Mr Muirhead said that Mr McCaffrey should have taken his horse wider on the track when it galloped.

Mr Abernethy was called to give evidence and stated that he was not inconvenienced to any great degree and maybe had to take hold of his horse for a stride losing about half a length. Mr Abernethy stated he was going to sit parked anyway and was adamant that he was not affected to any great degree at this point of the race. Mr Abernethy believed that maybe Mr McCaffrey was caught unawares by his horse coming back to a pace so quickly.

Mr. Taumanu in his evidence said Mr. McCaffrey should have taken his horse wider on the track when in a gallop however did concede that Mr McCaffrey’s horse had come back to a pace very quickly.

Mr. McCaffrey gave evidence and stated that his horse had come back pacing very quickly and he felt he was entitled to be back in the race. Mr. McCaffrey stated he did not feel he had inconvenienced Mr Abernethy to any great degree and he felt he was entitled to get into the trail.

Both Mr. Taumanu and Mr. McCaffrey summed up with Mr. Taumanu

Having heard all of the evidence as presented and viewed the video of this incident I find the information against Mr.McCaffrey not proven.

This information is therefore dismissed on the following grounds.

It is clear that Mr. McCaffrey’s horse did break stride for about five strides and came back pacing very quickly.

Mr. Abernethy’s evidence was very firm that he was not inconvenienced to any great degree he stated he was tightened for a stride however he also stated he was going to the parked position .

Mr. McCaffery was firm in his belief that he was entitled to get in the trail after his horse came back pacing very quickly after breaking.

Mr.Taumanu agreed that Mr.McCaffrey’s horse had come back pacing very quickly and had probably caught Mr.McCaffrey by surprise.

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hearing_type: Old Hearing

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