Cambridge – Te Awamutu HRC – 12 July 2007 –

hearingid: 939db4f97dcfec2bbfe95c8cbcf52c8b

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hearing_racingtype: harness-racing

startdate: 12/07/2007

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hearing_title: Cambridge - Te Awamutu HRC - 12 July 2007 -

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An information lodged by Stipendiary Steward Mr T Taumanu against Ms N Chilcott, driver of LORD JAKE, alleging a breach of Rule 869 (7A) (a) and (b) in that she failed to ensure that contact was not made by her sulky with any track marker

An information lodged by Stipendiary Steward Mr T Taumanu against Ms N Chilcott, driver of LORD JAKE, alleging a breach of Rule 869 (7A) (a) and (b) in that she failed to ensure that contact was not made by her sulky with any track marker with approximately 400 metres to 300 metres left to run. Ms Chilcott denied the breach and was present at the hearing.

Stipendiary Steward Mr J Muirhead gave evidence of his observations of the incident and his interpretation of the video films. WAIMARAMA, driven by Mr R Brosnan, was leading in the back straight on the last lap of the race. SUNWISE, driven by Mr K Chittenden, was in the parked position and LORD JAKE was trailing WAIMARAMA. WAIMARAMA broke and was restrained back through the field. SUNWISE went to the lead and was angled in towards the marker pegs approaching the bend out of the back straight. LORD JAKE moved outwards around WAIMARAMA and was then angled inwards to improve on the inside of SUNWISE. Mr Muirhead's interpretation of the video films was that there was insufficient room for LORD JAKE to improve inside SUNWISE resulting in its sulky wheel hitting marker pegs and protruding inside marker pegs for almost 200 metres.

Mr Chittenden said he moved SUNWISE outwards slightly when WAIMARAMA broke then started to move in - there was no horse inside him at that time. Two other horses then moved up outside him (ENDEAVOR and STARZA RISING), then Ms Chilcott appeared inside him. He said there was insufficient room for a horse to improve inside him at that time. He was not sure if there was any contact.

Ms Chilcott said there was plenty of room to improve LORD JAKE on the inside of SUNWISE. There was no pressure on SUNWISE from the horses outside it. "Mr Chittenden let his horse run down on me - he caused me to go over the marker pegs."

In response to a question from Mr Taumanu, Ms Chilcott said LORD JAKE was inside SUNWISE before that horse moved inwards.

The head on video film was clear and I accept Mr Muirhead's interpretation of it. SUNWISE was well clear of LORD JAKE when Mr Chittenden started his inward movement. Mr Chittenden was entitled to move inwards when he did and entitled to move to where he did. I accept his evidence. There was insufficient room for LORD JAKE to improve inside SUNWISE. The charge is proven.

Mr Taumanu said Ms Chilcott had been fined for careless driving breaches in September and November 2006 and January 2007. He said LORD JAKE would have to be disqualified from its 4^th placing thereby "costing the owners". He suggested either a two week suspension of Ms Chilcott's horsepersons licence or a fine in the region of $500.00. Ms Chilcott said she had had a huge number of drives since her last breach of the rules, that she would prefer a fine but thought that $500.00 was excessive. In fixing penalty I took the following matters into account.

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1. The submissions of Mr Taumanu. --
2. The submissions of Ms Chilcott. --
3. The offending was mid range on the scale of seriousness. --
4. Ms Chilcott's driving record.

Balancing those matters, I imposed a fine of $400.00

B Rowe

Chairman

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hearing_type: Old Hearing

Rules: 869.7A.a

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