Bay of Plenty HRC 23 October 2010 – R 10 (Instigating a protest No 2)

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startdate: 23/10/2010

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hearing_title: Bay of Plenty HRC 23 October 2010 - R 10 (Instigating a protest No 2)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  T Taumanu

Defendant:  Protest against horse 2 Son of Rocky (P Ferguson) placed third by the Judge.

Information No:  11823 (Instigating a protest)

Meeting:  Bay of Plenty Harness Racing Club

Date:  23 October 2010

Venue:  Cambridge Raceway

Race:  10

Rule No:  869 (7) (B)

Judicial Committee:  Jeff Holloway, Chairman - Alan Godsalve, Committee Member

Plea   Contested

Following Race 10 two informations protesting the judge’s placings were lodged.

The first protest alleged that Son Of Rocky driven by Mr P Ferguson had breached rule 769 (7) (B) in travelling inside the marker pylons.

Mr Ferguson appeared and contested the protest.

Rule  (7)(B) states “Where any horse of its sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race, except where it is established that the breach was caused by interference from another horse or horseman “

The Judges places were

1^st        9          Beach Buggy

2^nd        4          Anvil Beirnes

3^rd        2          Son Of Rocky

4^th        10        Jewels Bound

5^th        11        Captain Gibbs

6^th        7          Medius Falco

Assistant Stipendiary Steward Mr S Wallis gave evidence of his observations.  He said he was stationed near the 250 metre mark at the top of the home straight.  He observed Mr Ferguson three back on the fence travel inside 3 pylons on the final bend.  He reported his observations to Mr Taumanu and on subsequent inspection of video footage and established Mr Ferguson had in fact gone inside 4 pylons on the final turn.  The pylons are 10 metres apart.

Referring to video footage he indicated where the pylons were knocked over by Mr Ferguson

Mr Taumanu referred the committee to the relevant section of the rule seeking mandatory disqualification of Anvil Rocky.

Mr Ferguson conceded there was no interference by other runners.

Mr Ferguson asked to be shown clear footage of his sulky travelling inside the pylons.  He had no trouble with the 4 pylons being knocked over but contended that at least two of them had in fact been run over by his wheel which did not place his wheel or sulky inside the marker line.  For there to be a breach of this it needed to be shown that he had travelled in excess of the 30 metres inside the running line.

Referring to video footage he suggested the first pylon had definitely been run over with may be the two following the wheel travelling inside.  The last pylon was run over.  In that event he had not breached the rule.

Mr Taumanu referred to Mr Wallis eye witness account.

Decision and reasons

We have Mr Wallis who observed Mr Ferguson’s sulky travel inside three pylons.  Subsequent observation of the video footage showed 4 pylons being knocked over.

Taking particular cognisance of Mr Wallis account and closely looking at the effect of the striking of the sulky or its wheel on the pylons the committee was satisfied that the horse has travelled inside the line of the pylons in excess of thirty metres

Accordingly the protest is upheld and the horse Son Of Rocky is disqualified.

Judges placings are amended as follows subject to any decision arising for the second protest.

1^st        9          Beach Buggy

2^nd        4          Anvil Beirnes

3^rd        10        Jewels Bound

4^th        11        Captain Gibbs

5^th        7          Medius Falco

6^th        8          Village King

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hearing_type: Old Hearing

Rules: 869(7)(B)

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