Timaru HRC – 18 December 2008 – Race 10

hearingid: c3698cd62e94df999a88057d94fcc0a1

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hearing_racingtype: harness-racing

startdate: 18/12/2008

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decisiondate: no date provided

hearing_title: Timaru HRC - 18 December 2008 - Race 10

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Decision:

Following the running of Race 10, Mainland Minerals/Buy on-Line Staysound NZ Ltd Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr M P Jones, alleging a breach of Rule 869 (4) in that, as the driver of FALCON PERFORMER in the Race, he “drove in a manner likely to cause interference when attempting to maintain his position outside of SHARDLANDS (J R Dunn) “.

DECISION AND REASONS:

Following the running of Race 10, Mainland Minerals/Buy on-Line Staysound NZ Ltd Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr M P Jones, alleging a breach of Rule 869 (4) in that, as the driver of FALCON PERFORMER in the Race, he “drove in a manner likely to cause interference when attempting to maintain his position outside of SHARDLANDS (J R Dunn) “.

Mr Jones was present at the hearing of the information and did not admit the breach.

Rule 869 (4) provides:

No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

Mr Dunn said that from about the 400 metres he had been “squeezed” and had been in tight quarters from that point trying to move out and, “half way out”, his horse was checked and broke. In answer to a question from Mr McIntyre, he stated that the pressure had come from his outside.

Mrs K R Williams showed video replays of the incident. She also showed an earlier incident near the 800 metres when Mr Dunn moved Mr Jones wider on the track. Entering the home straight, Mr Jones was racing on the outside of Mr Dunn and the head of his horse appeared to turn in. He was deliberately holding Mr Dunn in rather than allowing him to drift out. They locked wheels, both horses “went rough” and Mr Dunn’s horse appeared to “knuckle over”. Mr Dunn had stayed on the back of RAVEN (R G Anderson) and had not attempted to ease out but Mr Jones had deliberately “steered in”, holding Mr Dunn in that position. The two horses were racing “very tightly”, Mrs Williams said. She alleged it was “payback” for having been eased out by Mr Dunn 600 metres earlier. Mr Jones had not given Mr Dunn the opportunity to ease out which, she alleged, he should have done.

In answer to a question from the Committee, Mr Dunn stated that Mr Jones had not shifted in but had rather held his ground.

Mr Jones stated that, at all times, he was in front of and had an advantage over Mr Dunn who was never in a position to move him out. He was entitled to hold his ground as Mr Dunn said he had done. The interference occurred when Mr Dunn came out and attempted to move him out, Mr Jones said. Mr Dunn was obliged not to cause interference when he came out. Mr Jones said that he was keeping his horse in as straight a line as possible as he was required to do.

The Committee found the evidence of Mr Jones to be quite convincing while the evidence of Mr Dunn was somewhat equivocal. Furthermore, Mr Jones’ version of what happened in this incident was borne out by the video evidence. The Committee was not satisfied that Mr Jones had steered in on Mr Dunn as alleged by the Stipendiary Stewards and, in the Committee’s view, he did no more than attempt to maintain his position outside of Mr Dunn, which he was entitled to do. Indeed, Mr Dunn himself confirmed that Mr Jones was merely attempting to maintain his position. Mr Jones appeared to be, at all material times, in front of Mr Dunn and, therefore, Mr Dunn was not in a position to ease him out with safety. The Committee attached no relevance to the incident that had occurred near the 800 metres in which Mr Dunn moved Mr Jones wider on the track.

 R G McKenzie

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hearing_type: Old Hearing

Rules: 869.4

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raceid: 69f591c0bfc52985eec273b95ffe3e2c

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race_title: Race 10

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meetdate: 18/12/2008

meet_title: Timaru HRC - 18 December 2008

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name: Timaru HRC