Auckland RC – 5 September 2008 – Race 1

hearingid: 7512e3a111db3a8136986cfb40a044bd

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hearing_racingtype: thoroughbred-racing

startdate: 05/09/2008

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decisiondate: no date provided

hearing_title: Auckland RC - 5 September 2008 - Race 1

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Decision:

Following Race 1 an Information was filed pursuant to Rule 871(1)(d) when it was alleged by the Informant Mr J Oatham that passing the 1000 metre mark Mr B Herd, rider of MISS CARUSO, allowed his mount to shift in when not clear of ORSOME GRACE (N Collett) and CALADESI (J McDonald) causing that horse to be checked.

DECISION & REASON:

Following Race 1 an Information was filed pursuant to Rule 871(1)(d) when it was alleged by the Informant Mr J Oatham that passing the 1000 metre mark Mr B Herd, rider of MISS CARUSO, allowed his mount to shift in when not clear of ORSOME GRACE (N Collett) and CALADESI (J McDonald) causing that horse to be checked.

Mr Herd did not admit the breach.

Mr Coles demonstrated the video films and showed that at the 1000 metre mark Mr Herd riding MISS CARUSO was four off the fence and approximately 1.75 lengths behind COLORADO and two other runners on his inside.   Mr Coles then showed Mr Herd moving in and into the line of Miss Collett riding ORSOME GRACE.   Miss Collett was then forced in and into the line of Mr McDonald riding CALADESI.   Mr Coles stated that COLORADO did not dictate the line of Mr Herd.

Mr McDonald, rider of CALADESI, said in evidence he did receive a check from Miss Collett which cost him at least a length.

Miss Collett, rider of ORSOME GRACE, said she received pressure from the outside that forced her in and on to Mr McDonald on her inside.   She said pressure came from Mr Herd on her outside.

Mr Herd in his defence said COLORADO dictated his line and when that horse slowed in front this forced him inwards for two strides taking Miss Collett’s line.   He said in his opinion COLORADO was not sufficiently clear.

Mr Oatham in his statement said COLORADO was sufficiently clear not to dictate the line of MISS CARUSO.   He said Mr Herd had the opportunity to come outside COLORADO but chose to go inside with the resultant interference to two runners.

DECISION

The Committee has carefully considered all evidence put before us relating to the interference just past the 1000 metre mark.   We prefer the evidence of Mr Coles and Mr Oatham.

We say that because we are satisfied that at the time of the interference suffered by Miss Collett the 1.75 length margin between COLORADO and MISS CARUSO was sufficient to allow you to maintain a straight line therefore avoiding the interference to Miss Collett and Mr McDonald.   While we concede that the margin between your mount and COLORADO was marginal we do not believe your line was dictated by that runner.

Accordingly we find the charge proven and ask Mr Oatham and Mr Herd for penalty submissions.

PENALTY SUBMISSIONS:

Mr Oatham said Mr Herd’s record was an outstanding one but asked the Committee to consider that this was a Premier Day and Mr McDonald received quite a severe check.   He submitted a suspension would be appropriate.

Mr Herd told the Committee of his commitments in the next 7 day period.

PENALTY:

The Committee carefully considered all submissions and before imposing penalty took into account the following:

1.            Mr Herd’s excellent record.

2.            This was a Premier Day.

3.            Level of interference suffered by Miss Collett and Mr McDonald.

Accordingly we suspend Mr Herd from after racing on 7 September 2008 and conclude after racing on 14 September 2008 (5 days).

R Seabrook                                                     B Tims

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hearing_type: Old Hearing

Rules: 871.1.d

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raceid: eb168ebde0ef0f9ddbc24816ab32d401

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racecancelled: 0

race_noreport: 0

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race_emailed2: 0

race_title: Race 1

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meetid: 5b6966c34cd9edc040bd5c609a14a8f2

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meetdate: 05/09/2008

meet_title: Auckland RC - 5 September 2008

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tracklocation: auckland-rc

meet_racingtype: thoroughbred-racing

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name: Auckland RC