NZ Metro TC – 1 September 2006 – Race 6

hearingid: 97925108d3c5231d15b96b3cfcaff1ec

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hearing_racingtype: harness-racing

startdate: 01/09/2006

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decisiondate: no date provided

hearing_title: NZ Metro TC - 1 September 2006 - Race 6

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Following the running of Race 6, Robbie's Bar & Bistro 305 Cranford Street Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by CHECK BACK (P J Davis), placed 12^th by the judge, against EMM AR ESS (C F Middleton), placed 3^rd by the judge, on the ground of interference racing into the first bend after approximately 100 metres.

Following the running of Race 6, Robbie's Bar & Bistro 305 Cranford Street Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by CHECK BACK (P J Davis), placed 12^th by the judge, against EMM AR ESS (C F Middleton), placed 3^rd by the judge, on the ground of interference racing into the first bend after approximately 100 metres.

Mr C F Middleton, Trainer/Driver of EMM AR ESS was present at the hearing of the information and indicated that he represented the owner of EMM AR ESS.

Mr Davis said that he just ran out of room as a result of being "tightened up from further out" and CHECK BACK galloped. His chances were definitely affected, Mr Davis said.

Mr Ydgren, Stipendiary Steward, said that he had observed the incident from the patrol box at the end of the back straight, with the horses racing towards him. He said that he observed that EMM AR ESS had got in on top of CHECK BACK with definite contact being made causing the latter horse to break and lose considerable ground. He said that Mr Middleton was possibly having some steering difficulties with his horse but that was not the result of pressure from its outside.

Mrs K R Williams, Stipendiary Steward, showed video replays of the relevant stage of the race. She pointed out CHECK BACK drawn at No.2 at the 1950 metres mobile start with EMM AR ESS drawn outside it at No.3. ERNESTLORDRUTHERFORD had drawn the inside of the second row. She pointed out a "clear gap" between HOLMETOWN SAL (B N Orange), which had drawn No.4, and EMM AR ESS. She showed that the head of EMM AR ESS was turned out as the horse commenced to lug in. Mr Davis had nowhere to go inside him and he ran out of room, broke and went back through the field. Mrs Williams submitted that there had been no pressure on EMM AR ESS from HOLMETOWN SAL outside it. The breaking of CHECK BACK was entirely the fault of EMM AR ESS in hanging down and tightening it, she alleged.

Mr Middleton confirmed that EMM AR ESS had had a change of bit for tonight's race because he had experienced steering difficulties with the horse. In its previous start it had "pulled viciously" back on the markers.

Mr Middleton said that Mr Orange was coming across rather fast. EMM AR ESS was hanging and he had tried to keep out. He yelled at Mr Orange and Mr Davis had called to him. Mr Middleton admitted that his horse, which was hanging badly and had its mouth open, was responsible for the breaking of CHECK BACK.

The Committee was satisfied, from all of the evidence, that EMM AR ESS had caused interference to CHECK BACK, as alleged, and that the chances or progress of CHECK BACK were clearly affected thereby. Having found that, the Committee had a discretion whether or not to relegate EMM AR ESS from 3^rd placing in the race. In exercising its discretion to relegate EMM AR ESS, the Committee took into account the severity of the interference and the extent to which it affected the chances of CHECK BACK. That horse's chances were extinguished after only 100 metres or so of the race.

Accordingly, the protest was upheld and EMM AR ESS was relegated form 3^rd placing to 12^th placing. Consequent upon the relegation, the amended placings for the race are as follows:

1^st 11 Gifford

2^nd 12 Gridlock

3^rd 10 Ernestlordrutherford

4^th 5 Demis Roussos

5^th 15 Jinni's Fantasy

It was ordered that dividends and stakes be paid accordingly.

R G McKenzie

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raceid: 74dba55aa679edf9e97c5478c28d290e

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race_title: Race 6

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meetdate: 01/09/2006

meet_title: NZ Metro TC - 1 September 2006

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tracklocation: nz-metro-tc

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name: NZ Metro TC