NZ Metro TC – 22 March 2008 – Race 1

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hearing_racingtype: harness-racing

startdate: 22/03/2008

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decisiondate: no date provided

hearing_title: NZ Metro TC - 22 March 2008 - Race 1

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Decision:

DECISION AND REASONS:

          Following the running of Race 1, the Coaster’s Tavern Mobile Pace, an Information was laid by Chief Stipendiary Steward Mr N. R. Escott alleging that Mr B. N. Orange committed a breach of Rules 869(4) and (7A)(c).  The information reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and 869(7A)(c) in that B. N. Orange driver of Dreamy Chick shifted down the track forcing Mystic River (J. R. Dunn) over markers with 300m to run.”

Rules 869(4) and (7A)(c) read as follows.

“(4) No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress.”

”(7A)  Every horseman who moves inwards shall ensure:

                                (a) ….

     (b) ….

     (c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.”

          Mr Orange had indicated on the information that he did not admit this breach of the Rules and he confirmed this, and also agreed that he understood the Rules and the nature of the charge.

         Mr J. R. Dunn gave evidence that at about the 350 metre mark he had moved up inside “Dreamy Chick” but shortly after he had got “squeezed up from the outside a wee bit”.  Mr Dunn also said that the horse outside him was driven by Mr Orange, but that there was another horse outside Mr Orange.  Mr Dunn also said that it got very tight on the point of the bend and he bumped three markers and went inside one.

          Stipendiary Steward Mr McIntyre said that he observed this race from the top of the home straight.  He used video coverage to show that rounding the final bend Mr J. R. Dunn, driving “Mystic River”, had moved up inside Mr Orange who was driving “Dreamy Chick”.  At this time Mr Orange had tried to improve inside “Prince Lochie” which was stopping.  It was Mr McIntyre’s evidence that there was never sufficient room for Mr Orange and that as a result Mr Dunn’s horse was forced over the marker line and went inside four pylons.

         Mr Orange gave evidence that the video coverage did not give an accurate view of the situation.  He said on rounding the final bend there was enough room for him to move inside Mr McClelland’s horse.  However when he took the gap Mr McClelland moved back inwards closing the gap.  Mr Orange also emphasised that he was in the best position to judge whether a gap was available, and that the video coverage did not give as clear a view as he had.

         I then adjourned the hearing to consider my decision.

         I was satisfied that the evidence of Mr Dunn and Mr McIntyre, along with the video coverage, showed that there was insufficient room for Mr Orange to improve inside “Prince Lochie”.  I rejected Mr Orange’s evidence that there was room.

         On returning to the Enquiry Room I advised the parties that a full written decision would be given later, and I gave the following oral decision.

         “Mr Orange is charged with driving in a manner causing or likely to cause interference to “Mystic River” driven by Mr J. R. Dunn.

          Having seen the video coverage of the incident, and having heard the evidence, I am satisfied that rounding the final bend “Mystic River” was forced over the marker line and hit three or four pylons.  The case for the Stipendiary Stewards was that Mr Orange caused this incident by taking a gap inside “Prince Lochie” when there was insufficient room.

          Mr Orange said there was room, but after he moved into the gap “Prince Lochie” moved back inwards, causing the problem.

          I am satisfied that Mr Orange tried to take this gap when “Mystic River” was already inside him, and that there was never enough room.  I find the charge proved.”

Penalty: 

Mr Escott advised that Mr Orange had no previous relevant convictions and recommended a fine of $250-00.

          Mr Orange thought that a fine of this amount was excessive.

          I was conversant with the range of penalties that have been imposed in the past for a breach of this Rule, and I was satisfied that a fine of $250-00 was appropriate in the circumstances.  Mr Orange was therefore fined the sum

$250-00 accordingly.

J.  M. Phelan

Chairman

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hearing_type: Old Hearing

Rules: 869.4

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raceid: faae78cf63a2a492d0d60402f2f4e9c0

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race_title: Race 1

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meetdate: 22/03/2008

meet_title: NZ Metro TC - 22 March 2008

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name: NZ Metro TC