NZ Metro TC – 23 January 2009 – Race 4

hearingid: adaf8896d2ac02b53ca64b13cd399b48

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 23/01/2009

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penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 23 January 2009 - Race 4

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Decision:

Following the running of Race 4, the Sydenham Bakery Ltd Mobile Pace, an information was laid by Stipendiary Steward Mr N. M. Ydgren against Mr B. N. Orange, the driver of “Fight Fire With Fire” (8), alleging that he had committed a breach of Rule 869(3)(b). The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that B. Orange drove carelessly when improving his position inwards in the run home impacting Suvarno Hanover, Midnight In Paris and Champagne Supernova”.

Rule 869(3)(b) reads as follows.

“No horseman in any race shall drive carelessly.”

Mr Orange had indicated on the information that he did not admit this breach

of the Rules, and he confirmed this at the hearing. Mr Orange also agreed that he understood the charge and the Rule it was brought under.

Stipendiary Steward Mr Renault used video coverage to show this incident.  After entering the home straight for the final time Mr Orange was looking for racing room and moved inwards into a gap.  However his horse struck a wheel of “Alright Now” driven by Mr Barron, and there was resultant interference to the horses named in the Information.  It was the Stipendiary Steward’s case that Mr Orange had driven carelessly when making his move.

Mr Orange said that he did not dispute that his horse had struck a wheel and broke as described.  He also said that he did not affect the chances of any other horse, but this is not relevant to the charge.  Mr Orange said that at the time of this incident his horse was full of running, but it was hanging and fighting against him.  It was his case that the cause of the incident was the behaviour of his horse rather than his driving.

Mr Orange wanted to call evidence from Mr T. S. Chmiel (“Suvarno Hanover”) and Mr S. P. Walkinshaw (“Midnight In Paris”) and the hearing was adjourned so that this could be arranged.  In the end only Mr Chmiel was called to give evidence.

Mr Chmiel said that his horse was retreating at the time of this incident, and that there was a space for Mr Orange to move into.  He also said that he would have done the same had he been in Mr Orange’s position.  It was also Mr Chmiel’s evidence that there was plenty of room for Mr Orange to make this move, but that his horse was full of running and over racing.

After the completion of the evidence I adjourned to consider my decision.  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.

“Having seen the video coverage, and having heard the evidence I am satisfied that in the home straight Mr Orange’s horse was going well and looking for room to improve.  Room presented itself and Mr Orange moved into a gap striking the wheel of “Alright Now”, and his horse broke. 

It was the Stipendiary Steward’s case that Mr Orange drove carelessly in this manoeuvre.

Mr Orange said that his horse was over racing and full of running at the time.  When he was making his move his horse was hanging and fighting him.

Mr Chmiel gave evidence that Mr Orange’s horse was full of running and over racing.

I am satisfied that the cause of this incident was that “Fight Fire With Fire” was hanging and that Mr Orange was having trouble controlling her.  There is insufficient evidence that Mr Orange drove carelessly and the charge is dismissed.

J. M. Phelan

Chairman

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hearing_type: Old Hearing

Rules: 869.3.b

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raceid: 6db470abe9ce34792ac326d64d22bc5c

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racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 4

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meetdate: 23/01/2009

meet_title: NZ Metro TC - 23 January 2009

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tracklocation: nz-metro-tc

meet_racingtype: harness-racing

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name: NZ Metro TC