Cambridge – Te Awamutu HRC – 17 September 2009 – Race 1
ID: JCA23141
Hearing Type (Code):
harness-racing
Meet Title:
Cambridge - Te Awamutu HRC - 17 September 2009
Race Date:
2009/09/17
Race Number:
Race 1
Decision:
An Information was lodged by Stipendiary Steward Mr TW Taumanu against the second placing of Donovan Bromac on the grounds that the inside sulky wheel of that horse’s sulky went over the last marker peg prior to the passing lane.
An Information was lodged by Stipendiary Steward Mr TW Taumanu against the second placing of Donovan Bromac on the grounds that the inside sulky wheel of that horse’s sulky went over the last marker peg prior to the passing lane.
--The protest was contested.
--Present at the Hearing were Mr BM Mangos, the Driver of Donovan Bromac and Mr Mangos advised that he would represent the connections. Mr Garrick Knight was also present at the Hearing and he advised that he was the representative in New Zealand of the owners of Donovan Bromac.
--Rule 869 (7a) states “every horseman who moves inwards shall ensure:
--(a) that contact is not made with any track marker;
--(b) that any part of the sulky does not protrude inside the marker line;
--(c) that the movement does not cause any other horseman, horse or sulky to contact
any track marker or protrude inside the marker line.
It shall be a defence to a breach of this Sub Rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or any other horse or horseman in the race”.
--The Rule was read out at the Hearing and Mr Mangos acknowledged that he understood it.
--Mr Taumanu gave evidence and he said he observed Donovan Bromac in a trailing position back on the marker pylons and on the home turn he saw Donovan Bromac move to the inside of the leading horse and saw his sulky wheel go over the last marker pylon at the start of the passing lane.
--Mr Taumanu pointed to the positions of the other horses at the time of the incident and showed Donovan Bromac running on to finish second. Mr Taumanu, however, said that by going over the marker Donovan Bromac had obtained an advantage and that accordingly he had lodged the protest.
--Mr Taumanu then arranged to show the films and the films clearly show the location of the horses when they turn for home and did show the inside wheel of Donovan Bromac running over the last marker. We have the benefit of films from three different angles at Cambridge.
--Mr Taumanu in summarising his evidence pointed to the fact that the inside wheel of Donovan Bromac had gone over the last marker pylon and as a result had gained an advantage over the third, fourth and fifth horses.
--Mr Mangos in giving his evidence stated that as he was following the leader into the home straight but that horse was stopping. He said that it was the horse driven by Mr Phelan. He also said his horse was pulling and he indicated that because the horse in front was stopping he had to go through on the inside of it. Mr Mangos readily acknowledged that his wheel had gone over the last marker pylon prior to the passing lane but he also showed how his horse had finished strongly and had made up considerable ground and got to within a length of the winner. He also pointed out that there were three and a quarter lengths between second and third.
--Mr Mangos pointed out that the movement of his horse had not caused any inconvenience to the third, fourth and fifth horses and further to that he had not gained any advantage over them at all. Mr Mangos said that looking at the films he was always going to run second and because of the ground that he had made up in the home straight, it could not be said that he had gained an advantage over the third, fourth and fifth horses and they had had their opportunity.
--Decision
--The parties were asked to leave the room and the Committee viewed the films again.
--On their return the parties were advised that the Committee did note that Mr Phelan’s horse was stopping and did inconvenience Donovan Bromac. The Committee noted that the inside wheel of Mr Mango’s sulky did go over one marker pylon and the Committee also noted that Donovan Bromac finished strongly to run second and more than that it came from behind the horses who ran third and fourth.
--The Committee is of the view that even though the sulky wheel did run over the last marker pylon that Donovan Bromac could not possibly have obtained an advantage from that manoeuvre and accordingly the protest is dismissed.
----
BJ Scott JM Holloway
CHAIR Committee Member
13121
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: f60c1f98cc14fc37f0651bb1db04be11
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 17/09/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge - Te Awamutu HRC - 17 September 2009 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An Information was lodged by Stipendiary Steward Mr TW Taumanu against the second placing of Donovan Bromac on the grounds that the inside sulky wheel of that horse’s sulky went over the last marker peg prior to the passing lane.
An Information was lodged by Stipendiary Steward Mr TW Taumanu against the second placing of Donovan Bromac on the grounds that the inside sulky wheel of that horse’s sulky went over the last marker peg prior to the passing lane.
--The protest was contested.
--Present at the Hearing were Mr BM Mangos, the Driver of Donovan Bromac and Mr Mangos advised that he would represent the connections. Mr Garrick Knight was also present at the Hearing and he advised that he was the representative in New Zealand of the owners of Donovan Bromac.
--Rule 869 (7a) states “every horseman who moves inwards shall ensure:
--(a) that contact is not made with any track marker;
--(b) that any part of the sulky does not protrude inside the marker line;
--(c) that the movement does not cause any other horseman, horse or sulky to contact
any track marker or protrude inside the marker line.
It shall be a defence to a breach of this Sub Rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or any other horse or horseman in the race”.
--The Rule was read out at the Hearing and Mr Mangos acknowledged that he understood it.
--Mr Taumanu gave evidence and he said he observed Donovan Bromac in a trailing position back on the marker pylons and on the home turn he saw Donovan Bromac move to the inside of the leading horse and saw his sulky wheel go over the last marker pylon at the start of the passing lane.
--Mr Taumanu pointed to the positions of the other horses at the time of the incident and showed Donovan Bromac running on to finish second. Mr Taumanu, however, said that by going over the marker Donovan Bromac had obtained an advantage and that accordingly he had lodged the protest.
--Mr Taumanu then arranged to show the films and the films clearly show the location of the horses when they turn for home and did show the inside wheel of Donovan Bromac running over the last marker. We have the benefit of films from three different angles at Cambridge.
--Mr Taumanu in summarising his evidence pointed to the fact that the inside wheel of Donovan Bromac had gone over the last marker pylon and as a result had gained an advantage over the third, fourth and fifth horses.
--Mr Mangos in giving his evidence stated that as he was following the leader into the home straight but that horse was stopping. He said that it was the horse driven by Mr Phelan. He also said his horse was pulling and he indicated that because the horse in front was stopping he had to go through on the inside of it. Mr Mangos readily acknowledged that his wheel had gone over the last marker pylon prior to the passing lane but he also showed how his horse had finished strongly and had made up considerable ground and got to within a length of the winner. He also pointed out that there were three and a quarter lengths between second and third.
--Mr Mangos pointed out that the movement of his horse had not caused any inconvenience to the third, fourth and fifth horses and further to that he had not gained any advantage over them at all. Mr Mangos said that looking at the films he was always going to run second and because of the ground that he had made up in the home straight, it could not be said that he had gained an advantage over the third, fourth and fifth horses and they had had their opportunity.
--Decision
--The parties were asked to leave the room and the Committee viewed the films again.
--On their return the parties were advised that the Committee did note that Mr Phelan’s horse was stopping and did inconvenience Donovan Bromac. The Committee noted that the inside wheel of Mr Mango’s sulky did go over one marker pylon and the Committee also noted that Donovan Bromac finished strongly to run second and more than that it came from behind the horses who ran third and fourth.
--The Committee is of the view that even though the sulky wheel did run over the last marker pylon that Donovan Bromac could not possibly have obtained an advantage from that manoeuvre and accordingly the protest is dismissed.
----
BJ Scott JM Holloway
CHAIR Committee Member
13121
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.7A
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3b31612df0af1c46a965589127f1cb84
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
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race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c830170e9a14e8a8fb13c01a586e3260
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/09/2009
meet_title: Cambridge - Te Awamutu HRC - 17 September 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Cambridge - Te Awamutu HRC