Cambridge – Te Awamutu HRC – 30 August 2007 –

hearingid: 59814e4be247e55eb6ebae114b280b50

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hearing_racingtype: harness-racing

startdate: 30/08/2007

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hearing_title: Cambridge - Te Awamutu HRC - 30 August 2007 -

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Following Race 10 Stipendiary Steward Mr TW Taumanu instigated a protest into the 5^th placing of BROOKFIELD ATOM (driver MW McKendry) on the grounds of running over the pylons for approximately 50 metres in the concluding stages of the race.

Mr MW McKendry was present to represent the connections of Brookfield Atom.  The protest was contested. 

The protest was based on the provisions of Rule 869(7)(B) which states as follows:

?Where any horse or 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 by another horse or horseman.?

Evidence was given by Stipendiary Steward Mr Taumanu by use of the video films of the incident.  Three different films of the incident were available and Mr Taumanu pointed out that, prior to the home turn, the eventual winner UNDER MY THUMB (driver DJ Butcher) was in the trail and then subsequently took the passing lane although initially he was not right in the passing lane.  Mr Taumanu demonstrated the movement of UNDER MY THUMB down into the passing lane and he stated that, as far as he was concerned, the passing lane is for 1 horse only and that Mr Butcher's horse was entitled to be there.  Mr Taumanu pointed out that Mr McKendry tried to move into a gap between UNDER MY THUMB and the pylons, but as far as Mr Taumanu was concerned Mr McKendry was never up into that gap and when he finally tried to get there, there was insufficient room to move into the gap.  Mr Taumanu pointed to the inside sulky wheel of BROOKFIELD ATOM running inside the pylons in the home straight.  Mr Taumanu pointed out that the pylons were 18.4 metres apart and his calculation, by viewing the video film, was that BROOKFIELD ATOM's sulky wheel was inside the pylons for at least 60 metres.

Mr McKendry also had the opportunity to use the video film and he pointed out the position of Mr Butcher's horse at the start of the passing lane and showed that Mr Butcher had moved inwards along the passing lane.  Mr McKendry said that he felt that there was sufficient room for his horse to move into and that he 'stoked up? his horse to move into the gap.  He then said that, because Mr Butcher moved inwards, that had the effect of pushing  Mr McKendry's horse onto the pylons because once he had got the horse moving into the gap, he then could not pull it backwards.  In Mr McKendry's view, Mr Butcher caused BROOKFIELD ATOM to run over the pylons.

I asked Mr McKendry that, if that was the case, then why did he not lodge a protest against Mr Butcher's horse.  Mr McKendry did not have an answer to that question.

I assessed all of the  the evidence put before me and I watched the video films of the incident numerous times. 

I am satisfied that BROOKFIELD ATOM has contravened the provisions of Rule 869(7)(B) and that  there was no interference by another horse or horseman.  In terms of the Rule, I order that BROOKFIELD ATOM be disqualified from 5^th placing and the placings are now 10, 8, 5, 6, 11 and 2.

BJ Scott    

Chairman                                                                                                                                                                                

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hearing_type: Old Hearing

Rules: 869.7.b

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