Manukau TC – 2 November 2007 – Race 3

hearingid: bd57c6e74e8935c2476c38ce6dbab8e9

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hearing_racingtype: harness-racing

startdate: 02/11/2007

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decisiondate: no date provided

hearing_title: Manukau TC - 2 November 2007 - Race 3

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Decision:

An information was filed following race no 3the informant was Mr J.M.Muirhead and this information instigated a Protest by horse No 13 Sanchipola (Mr R. Downey) against horse No 10 Thisdudescruisin ( Mr D. Butcher)

An information was filed following race No.3. The informant was Mr J.M.Muirhead and this information instigated a Protest by horse No 13 Sanchipola (Mr R. Downey) against horse No 10 Thisdudescruisin ( Mr D. Butcher) on the grounds of a breach of rule 869 (4) , (6)b, & (6) c.

The judges placings for this race were 1^st No 10, 2^nd No 13, 3^rd No 4, 4^th No 6, 5^th No 2, 6^th No 9.

It was alleged by Mr Muirhead that this was a breach of the Pushout Rule and the incident was alleged to have occurred with 2000m to run.

Mr Muirhead was asked to read the rule and both Mr. Butcher and Mr Downey were asked by the chairman if they understood this rule. Both drivers acknowledged they understood the rule.

Also present at this hearing was the owner of Thisdudescruisin Mr C.B.Thompson. Mr.R.Downey represented the connections of Sanchipola.

Mr Muirhead opened his case by going straight to the video and also explained to the committee that the video of this alleged incident was not good. Mr Muirhead stated that the video of this incident head on had cut to a lower shot and also the side on shot had cut to a lower shot and cut this incident off both head on and side on. The only video of this incident was from the tower at the end of the back straight looking across. Mr. Muirhead identified both of the runners concerned and stated that from his viewing tower he believed that Mr Downey was going to a position to trail Mr Nicholas on Charmed which was racing in the parked out position. It was Mr Muirhead's opinion that Mr. Butcher had come out and forced Sanchipola wider on the track and Mr. Downey had pulled back to get onto the back of Thisdudescruisin.

Mr Butcher stated in his evidence that it was touch and go, he called it a 50/50 call. Mr.Butcher said that when he came out he considered Mr Downey was not outside his wheel. Mr.Butcher knew Mr.Downey was coming and he thought he had time to pop out into the position he went for.

Mr. Downey in his evidence said that he was outside Mr Butcher's wheel and if he had not pulled back Mr.Butcher would have struck his legs.

Mr Thompson gave his view of this incident and stated that in his opinion the video evidence was inconclusive.

Having taken into consideration all of the evidence stated, it is the finding of this Judicial Committee that there is an element of doubt as to the relative position of Sanchipola when this incident occurred.

Mr Butcher stated that it was a 50/50 call, he thought he had room to come out.

It is acknowledged that Mr Downey was making ground at this point of the race, however, it was not confirmed that the nose of Sanchipola was outside Mr Butcher's wheel when this incident took place.

The video coverage of this incident is of no help as there was only the back tower shot and it is not clear as to the relative positions of both horses from this distance. Having no side-on coverage or head-on coverage was of concern to this committee.

As it could not be confirmed by the video coverage of this incident that a breach of the Pushout Rule had occurred this information is dismissed and the judge's placings shall stand.

Kevin G Coutts

Chairman

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hearing_type: Old Hearing

Rules: 869.4

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raceid: 6d208a32d7b000e6926102fd5dd8e067

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 3

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meetid: 1a24c3d852840df636ebaffea43591a4

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meet_noreport: 0

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meetdate: 02/11/2007

meet_title: Manukau TC - 2 November 2007

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tracklocation: manukau-tc

meet_racingtype: harness-racing

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name: Manukau TC