NZ Metro TC – 3 April 2010 – R 9

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hearing_title: NZ Metro TC - 3 April 2010 - R 9

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RACEDAY JUDICIAL COMMITTEE DECISION

Information No:  13952 (Instigating a Protest)

Meeting:  New Zealand Metropolitan Trotting Club    

Date:  3 April 2010

Venue:  Addington Raceway   

Race 9:  “Ice Bloodstock” Canterbury Regional Country Cups (Final)

Rule:  869(8)

Judicial Committee:  Chairman, J. M. Phelan                         

Appearing:  Informant:  Chief Stipendiary Steward Mr N. R. Escott

                     Defendant:  Mr S. R. McNally – Open Horseman

DECISION AND REASONS:

At the commencement of this hearing Mr Rosanowski declared that he had a conflict in relation to the owners of “Hunter The Punter”, and accordingly he withdrew from the hearing.

Following the running of Race 9, the “Ice Bloodstock” Canterbury Regional Country Cups (Final), an Information Instigating a Protest was filed by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8).  The information reads as follows.

“This is a protest against horse number (12) placed 4^th by the judge on the grounds of interference to horse number (2) – the interference occurred after approx. 200m.” 

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:

(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.”

Present at the hearing were Mr M. J. Fuller, the trainer of “Hunter The Punter” (12), and Mr S. R. McNally the driver of that horse.  Mr Fuller said that he would represent the interests of the owner of the horse.  Mr R. D. Holmes the trainer and driver of “Another Homer” also attended the hearing and he said he would represent the interests of the owner of that horse.  Mr M. J. Williamson, the driver of “Rangataua Ray” (10), attended the hearing as a witness.

Mr Escott used video coverage to illustrate this incident, and he called the following witnesses.

Mr Holmes gave evidence that he drove “Another Homer” in this race.  After about 200 metres he was racing one off the marker line with a horse on his inside and “Rangataua Ray” on his outside.  “Rangataua Ray” moved in on his horse making contact and he ran out of room, with his horse breaking and losing its chance.

Mr Williamson gave evidence that he drove “Rangataua Ray” in this race. After the start he was trailing “Will Play” (4) which was making a forward move.  After about 200 metres he was still trailing “Will Play” and was in between “Another Homer” on his inside and “Hunter The Punter” on his outside.

At this stage he was moved inwards by “Hunter The Punter” and made contact with “Another Homer” which was checked and broke.

Mr McNally spoke for the connections of “Hunter The Punter”.  He said that his horse did drift in, and that he tried to correct this movement.  He also said that he had an advantage over “Rangataua Ray” of between ½ and ¾ length at the time of the incident, and that Mr Williamson should have eased his horse back to avoid the incident.

After hearing the evidence I was about to adjourn to consider my decision when part owner Mr M. J. O’Malley arrived at the hearing.  I advised Mr O’Malley that Messrs Fuller and McNally had represented his interests at the hearing, and adjourned to consider my decision.

I was satisfied that there was clear evidence that Mr McNally had allowed his horse to move inwards when not clear of “Rangataua Ray”, and that this movement had resulted in the latter horse being moved down on to “Another Homer” which broke and lost its chance.  I rejected Mr McNally’s evidence that Mr Williamson should have eased back to avoid this incident.

For all the above reasons I decided that the protest would be upheld.

On returning to the Enquiry Room Race 10 was about to start, and I advised the parties that a full written decision would be delivered later, and that my decision was that the protest was upheld and “Hunter The Punter” was relegated to 11^th place.  The amended places are as follows.

            1^st – Crystal Star (14)

            2^nd – J D Fortune (9)

            3^rd – Centreofattention (13)

            4^th – Rangataua Ray (10)

            5^th – Soky’s Gain (8)

            6^th – Lethal Rocket (11)

J. M. Phelan    

CHAIR                       

13952

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hearing_type: Old Hearing

Rules: 869(8)

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race_title: R 9

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meetdate: 03/04/2010

meet_title: NZ Metro TC - 3 April 2010

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name: NZ Metro TC