BOP HRC 29th Jan 2006 – R1

hearingid: c25a65ec24f793ec6de4ac12d390daf7

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: BOP HRC 29th Jan 2006 - R1

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An information was filed instigating a protest by Mr.N G McIntyre Stipendiary Steward, .the information alleged a breach of the Push Out Rule by Mr. M McKendry the driver of Arising Sun in race one.

An information was filed instigating a protest by Mr.N G McIntyre Stipendiary Steward, .the information alleged a breach of the Push Out Rule by Mr. M McKendry the driver of Arising Sun in race one. The judge's placings for this race were 1^st No 12, 2^nd No 7, 3^rd No 6, 4^th No 5, 5^th No 11. This was a protest instigated by Stipendiary Steward Mr. McIntyre on behalf of Horse No 11 Ruthless Charm (Miss N Chilcott), against horse No 12 Arising Sun driven by Mr. M McKendry.

The information stated that Ruthless Charm N Chilcott was forced to race wider on the track when Arising Sun M McKendry shifted from two wide to three wide with approxamitly 1400 meters to run.

Present at the hearing of this information were Miss. N Chilcott, Mr. M McKendry , Mr. S Clark the trainer of Arising Sun who represented the owners of this horse, Mr. Jellick the trainer of Ruthless Charm.

Mr. McIntyre opened his case by showing the video of this incident and this showed Mr. McKendry following Be Afraid driven by Miss Donnelly in the two wide line. Miss Donnelly moved off from her position and Mr. McKendry followed however Miss Chilcott had moved up on his outside and Mr. McKendry forced her to race wider on the track. Miss Chilcott was called to give evidence for the prosecution and she stated that when she progressed around to go and sit parked as she was progressing forward on the outside of Arising Sun Mr. McKendry came out and forced her wider on the track. Mr. McKendry gave evidence and stated that Miss Chilcott could have dropped in behind him. Mr. Mckendry also stated that Miss Chilcott was out side him when he came out and he was adamant that Miss Chilcott should have dropped in and followed him around. The video of this incident showed Miss Chilcott's drive Ruthless Charm racing on it's own 4 wide Both Mr. McIntyre and Mr. Mckendry summed up and Mr. McIntyre stated this was a clear brech of the push out rule. Mr. Mckendry was of the opinion that Miss Chilcott had room to drop in behind him and trail his horse.

This Judicial Committee finds that Ruthless charm has been forced wider on the track by Mr. McKendry at or about the 1400 meter mark of this race. The video is clear and shows Ruthless Charm racing on its own having been moved to that position by Mr. Mckendry.

Although Mr. Mckendry was adamant Miss Chilcott should have dropped in to trail his horse under the provisions of the push out rule Miss Chilcott does not have to pull back and follow Mr. McKendry.

Mr. Mckendry has a duty under the provisions of the push out rule not to force any horse to race wider on the trackPrior to the last 1000meters of the race.

For all of the above reasons I find the charge proven and find there has been a clear breach of the push out rule by Mr. Mckendry.

Mr. McIntyre sought relegation of Arising Sun behind Ruthless Charm and this judicial committee orders that Arising Sun be placed behind Ruthless Charm in 5^th place.

The amended placing shall now be 1^st No 7, 2^nd no 6, 3^rd No 5, 4^th No 11, 5^th No 12.

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