NZ Metro TC 23 September 2010 – R 9 (instigating a protest)

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hearing_racingtype: harness-racing

startdate: 23/09/2010

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hearing_title: NZ Metro TC 23 September 2010 - R 9 (instigating a protest)

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mrs K. R. Williams, Stipendiary Steward

Defendant:  N/A

Information No:  13771 (Instigating a Protest)

Meeting:  New Zealand Metropolitan Trotting Club    

Date:  23 September 2010

Venue:  Addington Raceway                                      

Race No. 9:  Celebrating 60 Years of Harness Racing at Rangiora Pace

Rule No:  869(8)

Judicial Committee:  J. M. Phelan, Chairman - S. C. Ching, Committee Member

Also Present:  Mr J. C. Hay, the trainer, driver and part owner of “Fair Dinkum Bromac” who represented the connections of that horse.  Also present were Mr J. R. Dunn, the driver of “Christian Creek” (8), and Mr D. J. Dunn, the driver of “Veecewah” (4), and they represented the interests of those horses.

Facts:

Following the running of Race 9, the Celebrating 60 Years of Harness Racing at Rangiora Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams Instigating a Protest against third placed “Fair Dinkum Bromac” (13).

The Information reads as follows.

“This is a protest against horse number (12) placed 3^rd by the judge on the grounds of interference to (8) and (4) with 900m to run.”

Rule 869(8) provides as follows.

“The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:

(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or

(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -

immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.”

Submissions:

Mrs Williams gave evidence and used video coverage to show that at about the 900 metre mark Mr Hay was making a forward move three wide to take over the lead from “Christian Creek”.  When crossing that horse to take the lead “Christian Creek” was forced on to the pylons, resulting in this horse breaking briefly knocking over a number of pylons, which in turn checked the horse that was racing four back on the marker line, causing that horse (“Veecewah”) to break.  It could also be seen that “Christian Creek” jumped a marker during this incident. 

Mr J. R. Dunn, the driver of “Christian Creek” gave evidence that his horse was forced over the pylons because Mr Hay came down “too quick”.  He also said that his horse jumped a pylon and hit some others, but he could not say what effect this incident had on the following horses.  Mr Dunn said that his horse ended up in the trail, and that his chances were not affected by this incident.

 “Christian Creek” finished 5^th, 2.2 lengths from the winner and .7 of a length behind “Fair Dinkum Bromac”.

Mr D. J. Dunn, the driver of “Veecewah”, said that at the time of this incident his horse was running out quite badly and he was having trouble steering it.  He also said that he could not put the full blame for his horse breaking on the pylons.

Mr J. C. Hay asked Mr D. J. Dunn to clarify why his horse broke, and it was confirmed that he could not place the full blame on the incident up in front of him.

It was the Stipendiary Stewards’ case that there had been interference to “Christian Creek” and resultant interference to “Veecewah” which had interfered with the progress or chances of those two horses.

After hearing the evidence we adjourned to consider our decision.

Decision:

After carefully considering the evidence and the video coverage we were satisfied that there had been interference to “Christian Creek” by “Fair Dinkum Bromac” when Mr Hay had crossed to the lead too quickly.  We were also satisfied that the interference to “Christian Creek” did not affect that horse’s chances.

In relation to “Veecewah” we were satisfied that this horse was not travelling well at the time of the incident, and we accept Mr D. J. Dunn’s evidence that because of the behaviour of his horse he could not put the full blame for it breaking on the incident which took place in front of him.

For the above reasons we decided that this protest should be dismissed.

On resuming the hearing we advised the parties that a full written decision would be provided later and that the protest was dismissed with the judge’s placings being confirmed.

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hearing_type: Old Hearing

Rules: 869(8)

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raceid: b7f750df6a8cdcaaae895eb056fd6b15

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race_noreport: 0

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race_title: R 9

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meetdate: 23/09/2010

meet_title: NZ Metro TC - 23 September 2010

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tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: tom

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name: NZ Metro TC