Auckland TC – 26 February 2010 –

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hearing_racingtype: harness-racing

startdate: 26/02/2010

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hearing_title: Auckland TC - 26 February 2010 -

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AUCKLAND TROTTING CLUB

RACEDAY JUDICIAL COMMITTEE DECISION

FRIDAY 26TH FEBRUARY 2010

JCA PANEL:   B Rowe – Chairman,  B Scott

RACE NO:  10 INFORMATION NO: 13662  RULE NO:   869 (4A) and (8)

This is an information instigating a protest filed by Stipendiary Steward Mr J MUIRHEAD on behalf of ARJAYEM driven by Mr G WOLFENDEN placed 10th by the judge against THE OYSTER BAR driven by Mr D BUTCHER placed 3rd by the judge on the grounds of interference with about 200 metres to run. 

AUCKLAND TROTTING CLUB

RACEDAY JUDICIAL COMMITTEE DECISION

FRIDAY 26TH FEBRUARY 2010

JCA PANEL:   B Rowe – Chairman,  B Scott

RACE NO:  10 INFORMATION NO: 13662  RULE NO:   869 (4A) and (8)

This is an information instigating a protest filed by Stipendiary Steward Mr J MUIRHEAD on behalf of ARJAYEM driven by Mr G WOLFENDEN placed 10th by the judge against THE OYSTER BAR driven by Mr D BUTCHER placed 3rd by the judge on the grounds of interference with about 200 metres to run. 

Mr R CARR, Syndicate Manager and Mr S REID, co-trainer represented the connections of THE OYSTER BAR.  Mr WOLFENDEN who is also the co-trainer of ARJAYEM represented the connections of that horse.

Mr MUIRHEAD gave evidence of his observations and his interpretation of the video films.  He said that entering the home straight Mr BUTCHER moved THE OYSTER BAR to the three wide position outside YOUNG CULLEN driven by Mr J ABERNETHY.  ARJAYEM was outside THE OYSTER BAR and McTAGGART driven by Mr T HERLIHY was outside ARJAYEM.  He said the gap between THE OYSTER BAR and YOUNG CULLEN widened more than necessary because THE OYSTER BAR drifted out and its sulky wheel just touched the front leg of ARJAYEM causing that horse to break and lose its chance.  He said McTAGGART had run a straight line.  He said Mr BUTCHER had activated gear on THE OYSTER BAR with his left hand during the incident.  Mr WOLFENDEN said the incident happened just as Mr MUIRHEAD had described it.  He said there was no blame on McTAGGART.  He said that ARJAYEM would have finished 4th or 5th but for the interference.

Mr BUTCHER said THE OYSTER BAR had drifted out and YOUNG CULLEN had moved inwards which exaggerated the extent of his outward movement.  He said Mr HERLIHY had moved inwards as much as he had moved out – “it was 50/50 – one drifted in and one drifted out – a little bit of both – who is to blame.”  He said he had pulled the removable hood off during the incident. 

Mr REID urged the committee to focus on Mr HERLIHY’s horse – it had drifted in – not significantly – but it had drifted in. 

Mr CARR had no comment.

DECISION AND REASONS

The committee has taken account of all the evidence given and further viewed the video films.  The films confirm the evidence of Mr MUIRHEAD and Mr WOLFENDEN and clearly show that the cause of the contact between the sulky wheel of THE OYSTER BAR and the front leg of ARJAYEM was the outward movement of THE OYSTER BAR.  At the time of the contact, the film shows a considerable overlap between the outside sulky wheel of THE OYSTER BAR and the inside sulky wheel of ARJAYEM.  Mr BUTCHER admitted his horse moved outwards and he did not dispute that there had been contact as described.  If there was any inward movement by McTAGGART it was marginal at most and did not result in any inward movement by ARJAYEM or cause any interference to that horse.  In that regard we prefer and accept the evidence of Mr WOLFENDEN who attached no blame to McTAGGART. YOUNG CULLEN did move inwards but that is not relevant to the protest.  We are satisfied THE OYSTER BAR has breached rule 869 (4A).  We are satisfied that breach affected the chances of ARJAYEM finishing in a stake bearing position.  In reaching that conclusion we accept the relevant evidence of Mr WOLFENDEN.  Because of that conclusion we exercise our discretion to relegate THE OYSTER BAR to immediately behind ARJAYEM, the final places being:

1ST      CULLEN BALL
2ND     TERE T
3RD     McTAGGART
4TH     YOUNG CULLEN
5TH     BROOKFIELD TALENT
6TH     UNDERWOOD ROAD

B ROWE
CHAIR
13662

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hearing_type: Old Hearing

Rules: 869.4A

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