NZ Metro TC – 10 November 2009 –

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startdate: 10/11/2009

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hearing_title: NZ Metro TC - 10 November 2009 -

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Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Australian Licensed Driver, Mr G Bennett, alleging a breach of Rule 869 (4) and the Passing Lanes, False Rails and Home Straight Regulations in that Mr Bennett, as the driver of KARLOO MICK in the Race, “failed to maintain a straight course to the finish line which caused interference to BETTOR’S STRIKE who was shifted outwards onto KIWI INGENUITY”.
 

Following the running of Race 10, Christchurch Casino New Zealand Trotting Cup, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Australian Licensed Driver, Mr G Bennett, alleging a breach of Rule 869 (4) and the Passing Lanes, False Rails and Home Straight Regulations in that Mr Bennett, as the driver of KARLOO MICK in the Race, “failed to maintain a straight course to the finish line which caused interference to BETTOR’S STRIKE who was shifted outwards onto KIWI INGENUITY”.
 
Mr Bennett had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The charge was, accordingly, found proved.

Rule 869 provides as follows:
(4)   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.

Paragraph 7 of the Regulations provides:
Except where a horseman is making a move pursuant to Rule 869 (7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.

Mr Escott referred to the fact that, in the earlier protest on Race 10, the Committee had found that interference had taken place. It was, however, at the lower end of the scale as far as interference is concerned, he said. Mr Bennett had failed to take corrective action when the horse was running out but continued to drive it. When he took corrective action, it was too late and the interference had taken place, Mr Escott submitted.

Mr Bennett’s last breach in Australia was almost 3 months ago. It was conceded by Mr Escott that Mr Bennett, who is a freelance driver in New South Wales, would have had a large number of drives since that last breach. He recommended a fine of $500.

The Committee again viewed the replays of the final stages of the Race that it had viewed in the earlier protest hearing.

In determining penalty, the Committee took into account Mr Bennett’s admission of the breach, his record and the status of the race and the stake payable. The Committee also agreed with Mr Escott that the interference was at the lower end of a scale of seriousness.

The Committee fined Mr Bennett the sum of $500.

R G McKenzie         J M Phelan
CHAIRMAN             Committee Member
68260

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Rules: 869.4, 869.7

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