Manawatu HRC – 5 November 2006 –

hearingid: 89b9106122ce00e3dfd649515ad91a92

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hearing_racingtype: harness-racing

startdate: 05/11/2006

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hearing_title: Manawatu HRC - 5 November 2006 -

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Following the running of race 10, the Chippie McCullum of Riversdale Mobile Pace, P C Ferguson the driver of STRAWBS CLASSIE GUY, was charged with a breach of Rule 869 (4)

Following the running of race 10, the Chippie McCullum of Riversdale Mobile Pace, P C Ferguson the driver of STRAWBS CLASSIE GUY, was charged with a breach of Rule 869 (4) . It was alleged that Mr Ferguson drove his horse in a manner likely to cause interference when he jostled with LUNAR SANDS driven by M White with approximately 900m to run. This resulting in STRAWBS CLASSIE GUY breaking. It was also alleged that the jostling went on for approximately 100m.

Mr Ferguson denied breaching the rule and appeared at the hearing to defend the charge.

When presenting his evidence Mr Escott called Mr White to render his account of what had taken place at the time in question. Mr White stated that just prior to him reaching the 900m mark (where he was racing one off the markers), he noticed the runner up ahead of him DIPPED tiring badly. At this point he states he made the decision not get caught in traffic by this horse and consequentially elected to attempt to push STRAWBS CLASSIE GUY out. He kept the pressure on this horse for some distance until it became unbalanced and broke clearing the way for him to improve wider.

Mr Escott contended that although Mr White had persisted pressuring STRAWBS CLASSIE GUY for some distance, the manner in which Mr Ferguson drove by attempting to hold him in had contributed to his own horses breaking.

He believed that the two horses were jostling for the same position and there both were in contravention of the rules.

Mr Ferguson, when making his submissions, stated that he was attempting to hold his ground and that he was in his rightful position, he also contended that at all times he was trailing up on the back of the runner in front of him and therefore was not in breach of the rules.

When determining this charge the committee has heard from Mr Escott who contends that Mr Ferguson is in breach of the Rules by his maintaining inward pressure on LUNAR SANDS for an excessive period, this ultimately resulting in STRAWBS CLASSIE GUY breaking and loosing ground.

Mr Ferguson on the other hand has stated that he held an entitlement to the position he was occupying and that as such he has not breached the rules.

The committee finds that there are two matters of particular significance when considering this charge. These being, firstly that at the commencement of the jostling Mr Ferguson was racing two off the markers and trailing up the runner in front of him and that as such he held entitlement to the position that Mr White was attempting to gain from him.

The second factor, and in the committee's view the one of most relevance, is that at no time during the 100m in question did Mr White have an advantage over Mr Ferguson whereby he could claim legitimacy to his endeavours of attempting to push Mr Ferguson out.

The committee finds that Mr Ferguson was entitled to react to Mr White attempts to move him wider and moreover he did so in an acceptable manner without breaching the provisions of the rules.

Therefore after considering all matters the committee finds that the breach has not been proved and the charge is dismissed.

RLH Neal,

Chairman

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hearing_type: Old Hearing

Rules: 869.4

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