Geraldine TC – 29 November 2008 – Race 2

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hearing_racingtype: harness-racing

startdate: 29/11/2008

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decisiondate: no date provided

hearing_title: Geraldine TC - 29 November 2008 - Race 2

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Following the running of race number 2 an information was lodged by Stipendiary Stewards alleging a breach of Rules 869 (4) and (6) (b and c) in that Mr McNally (Spiderman) forced Mr J R Dunn (Red Baron)  wider on the track prior to the 1,000 metre mark.

Following the running of race number 2 an information was lodged by Stipendiary Stewards alleging a breach of Rules 869 (4) and (6) (b and c) in that Mr McNally (Spiderman) forced Mr J R Dunn (Red Baron)  wider on the track prior to the 1,000 metre mark.

At the outset of the hearing Mr McNally confirmed that he contested the charge against him. Mr Ydgren in commencing the case for the Stipendiary Stewards advised that prior to the 1,000 metre mark Red Baron (Mr Dunn) was improving three wide round the field and as it reached Spiderman (Mr McNally) was forced to race wider on the track as Mr McNally moved Spiderman out.

Mr Dunn said that he was improving three wide and that Mr McNally came out and his horse was forced wider on the track.  He also said that he was unsure as to whether or not the nose of his horse was in line or past the sulky wheel of Mr McNally’s horse. Mr S Renault, Stipendiary Steward, showed the video of the particular part of the race and he asked the Committee to note that as Mr Dunn was moving forward  of the wheel of Mr McNally’s horse Mr McNally moved his horse out and forced Mr Dunn wider on the track. He also said that Mr Dunn’s horse was travelling at speed.

Mr McNally, for his part, said that he thought he had moved his horse out prior to the nose of Red Baron, who he accepted was making ground, was in line or past his sulky wheel and he thought that he was entitled to make the movement.

The Committee after giving consideration to the evidence is satisfied that at the time Red Baron was forced wide on the track it was improving and its nose was in line with or past the sulky wheel of Spiderman. The video evidence is conclusive in that regard and is supported by the evidence of the Stipendiary Stewards. The evidence of Mr Dunn and Mr McNally was of little assistance in regard to establishing that fact. The charge is accordingly found proven.

The Stipendiary Stewards submitted that a monetary penalty only was appropriate and advised the Committee that Mr McNally was a senior driver and had no previous breaches of this rule over the last twelve months.

In determining penalty the Committee accepted that a monetary penalty only was applicable and was of the view that Mr McNally’s error in this regard was at the lower end of the scale and after giving him  credit for his good driving record a fine of $150.00 was imposed.

Bevan Coombes

Chairman 

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hearing_type: Old Hearing

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raceid: f846568be5d181b7e9cbc837d164b3e6

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racecancelled: 0

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race_emailed1: 0

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race_title: Race 2

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meetid: 0f6188ca1c6ede1b607bf85d7615e8e2

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meetdate: 29/11/2008

meet_title: Geraldine TC - 29 November 2008

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tracklocation: geraldine-tc

meet_racingtype: harness-racing

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name: Geraldine TC