Auckland TC – 30 April 2005 –

hearingid: 328a1841d746fb816225426c5fae9e6f

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hearing_racingtype: harness-racing

startdate: 30/04/2005

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hearing_title: Auckland TC - 30 April 2005 -

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An information was filed instigating a protest in race number 4 the NRM Trotters Championship, the informant was Mr. J M Muirhead and the protest was lodged on behalf of the connections of horse number 4 Harriet Hughes which finished 2^nd in this race against horse number 5 One over Kenny the winner of this race.

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-- An information was filed instigating a protest in race number 4 the NRM Trotters Championship, the informant was Mr. J M Muirhead and the protest was lodged on behalf of the connections of horse number 4 Harriet Hughes which finished 2nd in this race against horse number 5 One over Kenny the winner of this race. -- Present at the hearing of this information were Mr. A G Herlihy the driver of One Over Kenny who represented the connections of this horse. Mr. L E Williams the part owner of One Over Kenny. Mr. S McNally the driver of Harriet Hughes, Mr. I W McNicholl & Mr. J P Baker owners of Harriet Hughes and Mr. B Lichter Sunday Star Times reporter. -- Mr N Escott was also present at this hearing. Mr. Muirhead alleged that One Over Kenny had galloped for approximately 30 meters with approximately 200 meters to run. -- Mr Muirhead showed the video of the run home and this showed, One Under Kenny which lead into the straight and was at least three lengths clear break stride and gallop for about six strides before settling into a trot and finish strongly to win this race. Mr. Muirhead stated that One Over Kenny was in breach of the rules as this horse had not lost ground while in the break. On viewing the video of the run home Mr. Muirhead conceded that One Over Kenny had only been in its incorrect gait for 17 meters not the 30 meters as alleged, Mr. Herlihy agreed with this. Mr. Muirhead stated that One Over Kenny had marginally made ground while in the break. -- One Over Kenny was challenged strongly by Harriet Hughes which finished 2nd with the margin at the winning post being a half neck. Mr. Herlihy gave evidence and stated he was at least three lengths clear of the field when he commenced his run to the winning post, he acknowledge that his horse had galloped however he stated he had not gained any advantage when in the break and contended he had lost ground when in the break. Mr. Herlihy stated he had nursed One Over Kenny to the winning post and this was confirmed by the video he stated he would have won by 5 lengths had One Over Kenny not had a gallop on entering the home straight, Mr Herlihy stated he had not inconvenienced any other runner when in the break and he had kept a straight line. -- Mr McNally stated he had not been inconvenienced by One Over Kenny in the run home. Mr Williams the part owner of One Over Kenny stated that he did not consider that his filly had gained any advantage while in the break and had lost ground. -- The Judicial Committee sought clarification from Mr. Muirhead in relation to the rule. -- -- Decision and Reasons. -- This Judicial committee having taken all of the above matters into consideration namely the video evidence and the evidence of Mr Herlihy find that One Over Kenny did lose ground when this horse broke from its gait and lost ground while in the break. -- We find that One Over Kenny was in a break for only a short distance and Mr. Muirhead has confirmed that this horse was only off stride for a distance of only 17 meters . Mr. Helihy corrected One Over Kenny back to its trotting gait as quickly as possible did not change ground or impede the progress of any other runner whilst in its incorrect gait. -- Given all of the above matters this Judicial Committee exercises its discretion under rule 1003 and orders that the information be dismissed and the judges placings stand for this race. --

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