Forbury Park TC – 30 November 2006 – Race 3

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hearing_racingtype: harness-racing

startdate: 30/11/2006

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decisiondate: no date provided

hearing_title: Forbury Park TC - 30 November 2006 - Race 3

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Mr S Renault was charged with a breach of rule 869(3)(b) in that when driving FEE?S BOUNTY in race 3 he shifted down the track after approximately 200m resulting in Mr J H Cox (MINT HANOVER) breaking

Mr S Renault was charged with a breach of rule 869(3)(b) in that when driving FEE?S BOUNTY in race 3 he shifted down the track after approximately 200m resulting in Mr J H Cox (MINT HANOVER) breaking. Mr Renault had the assistance of Mr McNally, senior horseman.

Mr Allison had Mr McIntyre, stipendiary steward, demonstrate on the video that some 200m after the start FEE?S BOUNTY attempted to cross MINT HANOVER as the horses were at the end of the back straight, with the consequence that MINT HANOVER ran out of room and eventually broke. Mr Renault was 1 out and he attempted to get into the trail between Mr Davis and Mr Cox. It was clear from the video that he looked left, where he should have seen Mr Cox, but continued to move in. Mr McIntyre stated that the head and legs of MINT HANOVER were alongside the cart of Mr Renault when he continued to move across. Mr Cox gave evidence that he was on the fence and was chasing his horse up to get the trail. He said Mr Renault came across when there was insufficient room. He said there was no contact but MINT HANOVER had shifted inwards when it saw FEE?S BOUNTY moving across and had hit a marker peg causing it to break. He said he yelled out to Mr Renault to give him room. In response to questions from Mr McNally, he confirmed there was no contact and that Mr Renault appeared to have tried to keep his horse off MINT HANOVER but his actions were too late. Mr Knowles, stipendiary steward, who was in the box at the back straight confirmed he heard Mr Cox yell. He had not seen the actual incident as he had not expected Mr Renault to keep coming and had taken his eyes off him to look at the horses back in the field.

Mr McNally stated that Mr Renault had made every effort to get out of the road of MINT HANOVER but FEE?S BOUNTY had not responded. He said Mr Renault was attempting to get the trail. He ultimately acknowledged that Mr Cox's horse had "its feet in there", but said when Mr Renault had realised this, FEE?S BOUNTY had not reacted as quickly as Mr Renault would have liked. He demonstrated that the head of FEE?S BOUNTY had come round and this was evidence that Mr Renault was trying to keep his horse out. Mr Renault spoke himself and said he heard Mr Cox yell but that he had already taken action to keep his horse out before this time. He said MINT HANOVER had over-reacted to FEE?S BOUNTY's inwards movement.

It was clear from the video evidence that the head and legs of FEE?S BOUNTY were alongside the cart of Mr Renault when he continued to move across. We agree with Mr Allison that Mr Cox was entitled to be where he was. Contact between the horses is not necessary to constitute interference. We are satisfied MINT HANOVER broke because the horse was responding to inward movement from FEE?S BOUNTY. Mr Renault was in charge of the horse; it was his responsibility to keep FEE?S BOUNTY off MINT HANOVER. While we accept the video demonstrates Mr Renault was trying to keep his horse out, this was too late. The damage had been done; the interference with MINT HANOVER had occurred. In these circumstances we find the charge of careless driving proved.

Mr Allison stated the breach was mid to higher end. We agree. There was clearly no room but Mr Renault kept moving in. The incident significantly affected MINT HANOVER's chances in the race.

Mr Renault's record with respect to this rule over the past 12 months is excellent. He has had 250 drives last season and about 40 this. Mr Allison referred to Mr Renault's failure to admit the breach as being an aggravating factor. We disagree. It is not; rather it is a neutral factor. We simply cannot extend the credit that would otherwise be available for an admission of the breach.

Mr Allison asked for a fine of $250. As he has said, this was a breach of basic horsemanship. Mr Renault failed to give a fellow driver room. We note that Mr Renault clearly was aware of Mr Cox's presence but kept coming, nevertheless. We accept he did take corrective action but this was too late. We fine Mr Renault the sum of $300 and remind him of his obligations under the Rules of Harness Racing.

Geoff Hall Chairman

Neil Johnstone Member

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hearing_type: Old Hearing

Rules: 869.3.b

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raceid: 90000a91c061d87f82cb2e06784c61a7

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race_title: Race 3

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meetdate: 30/11/2006

meet_title: Forbury Park TC - 30 November 2006

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name: Forbury Park TC