Cambridge – Te Awamutu HRC – 17 September 2009 –

hearingid: 8a636146a32478e469fa54c34fcd0ff0

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hearing_racingtype: harness-racing

startdate: 17/09/2009

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hearing_title: Cambridge - Te Awamutu HRC - 17 September 2009 -

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An Information was lodged by Stipendiary Steward Mr TW Taumanu against the third placing of Nullabor Song (Driver O Gillies) on the grounds of a breach of the Pushout Rule with approximately 1300 metres to run when Nullabor Song improved outward and forced Glow (Driver J Dickie) to race wider on the track.   Glow subsequently finished fourth.

An Information was lodged by Stipendiary Steward Mr TW Taumanu against the third placing of Nullabor Song (Driver O Gillies) on the grounds of a breach of the Pushout Rule with approximately 1300 metres to run when Nullabor Song improved outward and forced Glow (Driver J Dickie) to race wider on the track.   Glow subsequently finished fourth.

Present at the Hearing were Messrs DM Balle and O Gillies the co-trainers of Nullabor Song.   Mr Balle advised this Committee that they were representing the connections of that horse.   Also present were Mr J Dickie the Driver of Glow and he was assisted by Senior Horseman Mr P Butcher.

Also present was Mr PW Smith (JCA Board Member) as observer.

The applicable Rules are as follows:

(a) 869(4) – No Horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

(b) 869(6)(b) – A horse making a forward movement during any race shall not be forced to race wider on the track.

(c) 869(6)(c) – A horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

Mr Taumanu gave evidence and he stated that this was a 1700 metre race and accordingly was a sprint race.   He pointed out that in the early part of the race Nullabor Song, which was the favourite, was racing in a trailing position behind Cavalier Dream.   Mr Taumanu said that once the field had settled Nullabor Song was effectively in the one out one back position.   Mr Taumanu stated that Glow driven by Mr Dickie was at the rear of the field and with approximately 1300 metres to run it had improved on the outside and that it was outside the wheel of Mr Gillies' horse when Mr Gillies moved out.   The resultant movement from Mr Gillies forced Glow to race wider on the track than it should have and then Mr Dickie had to take Glow forward and sit in the parked position.

Mr Taumanu said that Mr Dickie on Glow was improving at the time he was pushed out and was not just sitting outside Mr Gillies' horse.

Mr Taumanu said that in his opinion the chances of Glow were clearly affected by the pushout and as a result Nullabor Song finished third and Glow finished fourth but that there was only .6 of a length between the two horses at the finish.

Stipendiary Steward Mr JM Muirhead demonstrated the incident by use of the video films and we watched the incident from several different angles.

Mr Dickie gave evidence and said that he started to move with approximately 1500 metres to run.   He said that he saw Mr Gillies slowly start to come out and he called out to him but that Mr Gillies kept coming and pushed him out four wide.   Mr Dickie told this Committee that he felt as though his horse was outside the wheel of the sulky of Nullabor Song and he believed that he was pushed out.

Mr Balle then gave evidence and he made use of the video films and he said that in his opinion Mr Gillies was out before Mr Dickie came alongside him.   Mr Balle said that he had spoken to Mr Gillies and that Mr Gillies was adamant that he was out and Mr Balle endeavoured to demonstrate by use of the films the outwards movement of Mr Gillies horse and he showed where Mr Dickie’s horse was in relation to this and as far as Mr Balle was concerned Mr Dickie should have pulled back and slotted in behind Nullabor Song.

Mr Gillies was then asked to give evidence and he simply concurred with what Mr Balle had said.   He did acknowledge that Mr Dickie had called out but as far as he was concerned the call was too late and Mr Gillies said that he was already out.

Mr Taumanu, in response to Mr Balle’s evidence said that Mr Dickie shouldn’t have had to take hold.   This was a sprint race and his horse was moving at speed and that Mr Dickie was entitled to maintain his line and did not have to take hold and in fact that would have been reasonably difficult for him to do.

Decision

The Committee viewed the films several times in the absence of the parties.   The back straight film was particularly helpful to us.  

The decision was then delivered to the parties and the Committee is of the view that this was a breach of the Pushout Rule and that Mr Dickie’s horse had reached the sulky wheel of Nullabor Song prior to it coming out.   The Committee has noted the outwards movement by Mr Gillies on Nullabor Song and contrary to Mr Balle’s evidence this Committee is of the view that although Mr Gillies had started his manoeuvre he had not moved out but when he did move out he pushed Glow out four wide.   That is a breach of the Pushout Rule.

The protest is accordingly upheld and Nullabor Song is relegated from third to fourth and Glow is promoted from fourth to third.

The placings now are:

1st 7 – Marylyne Bromac
2nd 2 – Angsana
3rd 6 – Glow
4th 4 – Nullabor Song
5th 3 – Cavalier Dream
6th 5 – Flip N Lively.

BJ Scott            JM Holloway
CHAIR              Committee Member
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