Ashburton TC – 4 March 2009 – Race 10

hearingid: 8eda26695f3722f40e8da6c4af5d4b9a

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hearing_racingtype: harness-racing

startdate: 04/03/2009

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hearing_title: Ashburton TC - 4 March 2009 - Race 10

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Decision:

Following the running of Race 10, the Ben Waldron Racing Stables Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(8).  The information reads as follows.

“This is a protest against horse number (12) placed 2^nd by the judge on the grounds of interference to (6) with approx. 400m to run.” 

DECISION AND REASONS:

Following the running of Race 10, the Ben Waldron Racing Stables Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(8).  The information reads as follows.

“This is a protest against horse number (12) placed 2^nd by the judge on the grounds of interference to (6) with approx. 400m to run.” 

Rule 869(8) reads 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.

Present at the hearing were Mr K. M. Barron, the trainer and driver of “Still Coughin” (12), who advised that he would represent the interests of the owners.  Mr T. M. Williams the driver of “Shardlands” (6) also attended the hearing.

Mr Williams gave evidence that with about 400 metres to run he was moving up alongside Mr Barron’s horse when that horse ducked out causing his horse to break and lose its chance in the race.

Mr Ydgren used video coverage of the race to illustrate this incident.  He said that there was no suggestion that Mr Barron had been the cause of the interference, and that it was solely attributable to the actions of his horse.

Mr Barron did not dispute that his horse had ducked out suddenly, or that there had been interference to Mr Williams’ horse.  In explanation Mr Barron said that his horse may have been affected by the use of the whip on the horse inside him.

After hearing the evidence we adjourned to consider our decision.

We were satisfied that there had been interference to “Shardlands”, and resultant interference to “Alright Now”.  This interference had resulted in both those horses losing their chances in the race.  We were satisfied that in this case we should exercise our discretion to place “Still Coughin” behind the two horses it interfered with.

On our return to the Enquiry Room we advised the parties that the protest was upheld and that “Still Coughin” was relegated to 10^th and last place.

The amended places are as follows.

1^st –   Advance Dundee (8)

          2^nd – Methlick (7)

          3^rd –   Vito (11)

          4^th –   Davu (5)

          5^th –   Jack Hinton (3)

          6^th –   Maguinness (18)

J.  M. Phelan

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hearing_type: Old Hearing

Rules: 869.8

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StipendSteward:

raceid: 344ddb2377e19ff485bb0e840edbb00e

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race_title: Race 10

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meetdate: 04/03/2009

meet_title: Ashburton TC - 4 March 2009

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name: Ashburton TC