Banks Peninsula TC – 29 December 2005 –

hearingid: 5898e183d13810f5b6b54609671c739a

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hearing_racingtype: harness-racing

startdate: 29/12/2005

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hearing_title: Banks Peninsula TC - 29 December 2005 -

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Following the running of Race 5, Flair Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against THE LYRIC (M P Jones), placed 1st by the judge

Following the running of Race 5, Flair Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against THE LYRIC (M P Jones), placed 1st by the judge, on the grounds of breaking from its gait after approximately 300 metres.

Messrs M P Jones and S A Dolan, trainer of THE LYRIC, were present at the hearing of the information.

Mr B D Williams, Assistant Stipendiary Steward, showed video replays of the relevant part of the race. Mr Williams pointed out THE LYRIC, which was disputing the lead, break from its gait between the 1800 and 1600 metre marks and continue in a gallop for some distance. He pointed out the horse begin to pace roughly and then break just after the crossing past the winning post, approximately 300 metres after the start. Mr Jones was able to take the horse clear of following runners. The horse lost ground in the break and eventually settled back into a pace at the rear of the field past the 1600 metre mark. Mr Williams estimated that THE LYRIC galloped for a distance of approximately 200 metres.

Mr Jones submitted that it was not the horse's fault that it had galloped ? he blamed the rough surface of the crossing at that point. Furthermore, he said, he would have been able to settle the horse back into its gait but for having to get out of the way of a following runner. The horse did not interfere with any other runner, lost ground in the break and settled at the rear of the field, Mr Jones said. He disputed that the horse had galloped for a distance of 150 metres or greater.

Mr Dolan submitted that it was difficult to establish the distance over which THE LYRIC had galloped and disputed the 200 metres estimated by Mr Williams. He was also critical of the state of the track at the point of the crossing.

After a discussion, the parties acknowledged that the only issue before the Committee was the distance over which THE LYRIC had galloped.

The relevant video replays of the race were played repeatedly and both parties made submissions in relation to the distance over which THE LYRIC had galloped.

Following the evidence of both parties and their submissions, the Committee had to make a finding of fact as to the distance over which THE LYRIC had galloped. For the protest to be upheld and THE LYRIC disqualified under the Breaking Horses Regulation, the Committee had to be satisfied, on a balance of probabilities, that the distance over which THE LYRIC had galloped was 150 metres or greater. On the evidence before the Committee and the video evidence, there was considerable doubt regarding this matter although it was, clearly, close to 150 metres. After considering the evidence, the Committee was not satisfied that THE LYRIC had galloped for a distance of 150 metres or greater and the elements of Rule 870 (4) and the Breaking Horses Regulation had, therefore, not been proved. Accordingly, the protest was dismissed and the judge's placings for the race stand.

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hearing_type: Old Hearing

Rules: 870.4

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