Auckland TC – 25 September 2009 –

hearingid: cdf13ce5ffcf0f820f668087a5effe3f

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hearing_racingtype: harness-racing

startdate: 25/09/2009

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hearing_title: Auckland TC - 25 September 2009 -

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Following Race 9 an information instigating a protest was lodged by Stipendiary Steward Mr J Muirhead against the first placing of COURAGE TO RULE (M.White) on the grounds of causing interference to DONTMAKEMEANGRY (B.Mangos) placed 3rd by the Judge under Rule 869(4).

Following Race 9 an information instigating a protest was lodged by Stipendiary Steward Mr J Muirhead against the first placing of COURAGE TO RULE (M.White) on the grounds of causing interference to DONTMAKEMEANGRY (B.Mangos) placed 3rd by the Judge under Rule 869(4).

Rule 869(4) reads
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.

Present at the hearing were Mr J. Green the part trainer of both Courage To Rule and Dontmakemeangry Mr White driver of Courage To Rule and Mr B. Mangos the driver of Dontmakemeangry.

The protest was contested.

Stipendiary Steward Mr J Muirhead demonstrated the incident by use of the video films from several different angles which showed the horse Courage To Rule when improving around to lead striking the front legs of the trailing horse Dontmakemeangry causing this horse to gallop with 1500 metres to run with resultant checks to other runners.

Mr Mangos said just prior to the incident his horse was inclined to get his head up and lurch out prior to contact being made .He said Mr White was not meaning to cut him off and his horse half pie stepped over Mr Whites sulky wheel .He informed the committee the horse was racing in new gear and Mr Green could explain better than him.

Mr White said Dontmakemeangry was racing with his head up before galloping and thought the horse became claustrophobic when he came up on his outer. When questioned by the Committee Mr White said “yes I did make contact” and believed Dontmakemeangry made contact with him when galloping as well.

Mr Green said his horse Dontmakemeangry was having its first start in block winkers and this may have contributed to the incident. He admitted there was contact but said “I am not saying Mr White made it”.

In summing up Mr Muirhead said Mr White admitted contact did occur and Mr White has an obligation when crossing to give sufficient room to other runners which he did not. He said Mr Mangos’ horse was entitled to stay on his feet.

Decision
The Committee has no doubt that Courage To Rule interfered with the chances of Dontmakemeangry causing it to break and lose ground. The official margins at the finish were a neck between 1st and 2nd and a neck between 2nd and 3rd, the horse Dontmakemeangry lost approximately 2 lengths in the incident. The video evidence supported Mr Muirhead assessment of the incident and Mr White driver of Courage To Rule conceded contact was made. This is a clear breach of the Rule.

The Protest is accordingly upheld and CourageTo Rule is relegated from first placing to third placing.

The amended placings are now:
1st 9 -Swift Therapy
2nd 7-Dontmakemeangry
3rd 13- Courage To Rule
4th 6- Toledo
5th 12- Stutz Bearcat

A Dooley                   B Scott
CHAIR                      Committee Member
13654

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hearing_type: Old Hearing

Rules: 869.4

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