Auckland TC – 23 July 2010 – R 8

hearingid: 83d6e053724e5367dd00be5a7e6f8b2f

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hearing_racingtype: harness-racing

startdate: 23/07/2010

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decisiondate: no date provided

hearing_title: Auckland TC - 23 July 2010 - R 8

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION (Instigating a protest)

Informant:  Mr J Muirhead Stipendiary Steward

Defendant:  HE’S MY HERO, driven by Mr M McKendry placed 4^th by the Judge

Information No:  13841

Meeting:  Auckland Trotting Club

Date:  23 July 2010

Venue:  Alexandra Park          

Race:  8

Rule No:  869 (4A) and (6) (b) and (c)

Judicial Committee:  B Rowe, Chairman – B Scott, Committee Member

Plea:  Not Admitted

Also Present:    Mr M McKendry, Mr R Green, trainer, Mr J Street, part owner representing the connections of HE’S MY HERO. Mr D Butcher, driver and Mr G Small, trainer representing connections of ALL TIGER.

FACT(s):          

Protest against HE’S MY HERO on the grounds of causing interference to ALL TIGER with about 1050metres to run.  ALL TIGER finished last.

EVIDENCE:   

Mr Muirhead showed and interpreted the video films of the incident. He said at about the 1150metre mark FLEM N EM driven by Mr A Herlihy improved and eased down HE’S MY HERO from the one out line. ALL TIGER improved outside HE’S MY HERO to get on the back of FLEM N EM. At about the 1100metre mark while ALL TIGER was improving forward HE’S MY HERO moved outwards. ALL TIGER and HE’S MY HERO then contested the one out position. ALL TIGER broke and lost its chance. Mr Muirhead said HE’S MY HERO was not entitled to move outwards and ALL TIGER was entitled to maintain its one out position.

Mr Butcher said ALL TIGER stayed in the one out line, HE’S MY HERO tried to ease him out, there was pushing, ALL TIGER became unbalanced, broke and lost its chance.

Mr McKendry said HE’S MY HERO was always “one off”, ALL TIGER pushed HE’S MY HERO and broke itself up.

Mr Green said HE’S MY HERO moved only half way down to the markers when ALL TIGER pushed inwards and broke itself up.

Mr Small said the drivers had “covered it”.

REASONS FOR DECISION:

We prefer the evidence of Mr Muirhead and Mr Butcher. The outward movements of HE’S MY HERO were in breach of the push out rule 869 (6) and also caused interference to ALL TIGER within the meaning of rule 869 (4A). ALL TIGER was entitled to remain in the one out line. The interference to ALL TIGER affected its chance in that it became unbalanced, broke and finished last.

DECISION:  

The protest is upheld. HE’S MY HERO is relegated to immediately behind ALL TIGER, the amended placings being: 

1^st    DAVID FAGAN

2^ND  FLEM N EM

3^rd   THOMAS MAGUIRE

4^th   CHESTERTON

5^TH  WILL CARTER

6^th    JONNY ENGLISH

The dividends and Stake Money are to be paid according to the amended placings.

B Rowe                                   B Scott

Chairman                               Committee Member

13841

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hearing_type: Old Hearing

Rules: 869(4A) & 6(b)(c)

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raceid: 713303ae9210197eba883ad2590b4551

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race_title: R 8

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meetid: 35618fee8fb161b0e7cf3a50e29fedc7

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meetdate: 23/07/2010

meet_title: Auckland TC - 23 July 2010

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tracklocation: auckland-tc

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name: Auckland TC