Auckland TC – 3 November 2006 –

hearingid: 2f1894cade082d840f4b53aec1f57cf1

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hearing_racingtype: harness-racing

startdate: 03/11/2006

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hearing_title: Auckland TC - 3 November 2006 -

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Following Race 8 Stipendiary Steward Mr JM Muirhead instigated a protest into the third placing (promoted to second) of Rhythmic Rose (Driver BM Mangos) on the grounds of causing interference to Classic Vicolo (Driver JB Compain) placed sixth by the Judge (promoted to fifth) by the Judge.

Following Race 8 Stipendiary Steward Mr JM Muirhead instigated a protest into the third placing (promoted to second) of Rhythmic Rose (Driver BM Mangos) on the grounds of causing interference to Classic Vicolo (Driver JB Compain) placed sixth by the Judge (promoted to fifth) by the Judge.

Mr BM Mangos (Driver) was present to represent the connections of Rhythmic Rose.

Miss JB Compain represented the connections of Classic Vicolo and as she is a Junior Driver she was assisted by Senior Driver Mr TW Mitchell.

The protest was based on the provisions of Rule 869 and paragraph 4 of that Rule is particularly relevant. The paragraph states as follows:

"No horseman nor any horse shall during any race do anything that interferes or is likely to interfere with any other horseman an/or horse or its progress."

Evidence was given by Stipendiary Steward Mr JM Muirhead and he stated that he witnessed the incident from the Stipendiary Steward's position opposite the winning post. Mr Muirhead said that Mr Mangos was improving Rhythmic Rose alongside Classic Vicolo and he appeared to move in close to Classic Vicolo. Miss Compain in his view had to restrain her horse and went over a couple of pylons and broke and lost considerable ground. In Mr Muirhead's view Mr Mangos did not give Miss Compain sufficient room and as a result of the interference her horse broke.

Mr Muirhead then demonstrated the incident by use of the video film and he not only explained the incident but showed that Classic Vicolo had galloped for some distance.

Mr Muirhead then called then Miss Compain to give evidence and she said that her horse got squeezed up when Mr Mangos' horse moved in as it was going for the lead and as a result her horse went over pylons and broke. Miss Compain suggested that it wasn?t just the inside sulky wheel but also her horse that went over the pylons.

Miss Compain suggested that she called out whoa to Mr Mangos and she demonstrated this to the Committee. Clearly no driver would have heard Miss Compain calling out.

In response to questions from Mr Mangos, Miss Compain did say that she called out whoa, she did say that no contact had been made but she also did say that Mr Mangos' horse and sulky had got very close to hers and as a result of the tightening her horse ran in and ran over pylons and broke. She said that she ran out of room and wasn?t very happy with this situation. Miss Compain did say that she was trying to allow Mr Mangos to get to the lead but that her horse wasn?t helping.

Mr Mangos gave evidence and he said that it was his intention to move to the lead but that when he was doing so his horse dropped the bit and eased off and he had to urge it on. Mr Mangos did not believe that he had tightened up Miss Compain's horse and he rather believed that her horse was at fault and was going rough before Mr Mangos crossed over.

DECISION

The Committee viewed the film of the incident several times and had the benefit of being able to view the incident from different angles. After listening to the evidence and the submissions from the parties the Committee finds that Rhythmic Rose driven by Mr Mangos moved inwards with 1500 metres to run and tightened Classic Vicolo pushing that horse onto the pylons causing it to break.

We accordingly find that interference occurred and it was caused by Rhythmic Rose to such a degree as to satisfy the provisions of Rule 869 and accordingly the protest is upheld. Rhythmic Rose is therefore relegated from the promoted second position to behind Classic Vicolo in the Wireplus Mobile Pace. The placings are accordingly amended to 5, 9, 1, 8, 3, 7.

BJ Scott                                                                   EF Doherty

Chairman

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