Cambridge – Te Awamutu HRC – 8 April 2010 – R 7

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startdate: 08/04/2010

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hearing_title: Cambridge - Te Awamutu HRC - 8 April 2010 - R 7

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr TW Taumanu

Defendant:  Mr ZE Butcher (Driver of Pocket On Fire)

Information No:  11805 (instigating a protest)

Meeting:  Cambridge-Te Awamutu Harness Racing Club

Date:  8 April 2010

Venue:  Cambridge Raceway

Race:  7

Rule No:  869(7A)(c) & 869(8)(a)

Judicial Committee:  BJ Scott, Chairman – JN Holloway. Committee Member 

An Information was lodged by Stipendiary Steward Mr TW Taumanu against the first placing of Pockets On Fire (Driver ZE Butcher) on the grounds of causing interference to Idler (Driver FD Cooney) and Bettors Star (Driver GA Martin) the interference occurring with approximately 150 metres left to run.

The protest was contested.

Present at the Hearing were Mr JT Peary, the part Owner and Trainer of Pockets On Fire, Mr ZE Butcher with Mr DJ Butcher, Mr FD Cooney who acknowledged that he represented the connections of Idler and Mr GA Martin the Trainer/Driver of Bettors Star.

Mr Taumanu when presenting his evidence called upon Stipendiary Steward Mr JM Muirhead to demonstrate the incident by use of the video films.   The films showed that prior to the home turn Mr Butcher driving Pockets On Fire was in the one one position and then after the horses turned for home, Mr Butcher moved from that position inwards.   In doing so he pushed Idler down onto Bettors Star and that horse ran over one or two pylons.   Mr Muirhead demonstrated the incident several times and said that Mr Butcher had caused interference to both Idler and Bettors Star and as a result of his actions gained an advantage which enabled him to win the race.   Mr Muirhead pointed out that the margin between first and second was half a head.   Mr Muirhead also pointed out that the actions of Mr Butcher affected the progress of both Idler and Bettors Star at an important part of the race.   The Committee noted that Bettors Star finished ninth and Idler finished tenth.   Mr Muirhead’s further contention was that if Mr Butcher had not have committed a breach of the rules then he would not have ended up in a position where he was able to go on and win the race.

Mr Cooney then gave evidence and he confirmed that Mr Butcher had angled his horse in at about the 150 metre mark and had pushed his horse downwards onto Bettors Star.   Mr Cooney assumed that Mr Butcher had not seen Bettors Star inside his horse.   Mr Cooney however advised this Committee that his horse was beaten at the time and his chances were not affected at all because his horse was tired and did have any show of getting any money.

In response to a question from the Committee Mr Cooney said there was no contact between his horse and sulky and that of Mr Butcher.

Mr Martin gave evidence and he confirmed that he had been pushed down onto the Pylons by Mr Cooney’s horse as a result of the movement by Mr Butcher’s horse.   He thought however that he had run over only one pylon and he did say that at the time his horse was a beaten horse.   He advised the Committee that his chances had not been affected.

Mr Butcher, in giving evidence, did not challenge the previous evidence.   He did say however that when he was looking for a run and when he angled his horse in, that it ducked in a bit.

Mr Taumanu was given the opportunity to ask a question of any of the Drivers and he asked Mr Cooney if the movement of Mr Butcher’s horse was an abrupt movement.   Mr Cooney said it seemed a little abrupt but he also added that Mr Butcher’s horse appeared to be hanging and in that instance the inwards movement might be a bit quicker than normal.

Decision

The Committee has had the opportunity in this Hearing to view the film several times and has had the benefit of clear evidence from all parties.

Mr Butcher has moved inwards and has moved Mr Cooney’s horse onto Mr Martin’s horse but in their own words they were both driving beaten horses at the time.   Their chances were certainly not affected.   Mr Butcher has a duty to obtain the best possible finishing position for his horse and by his actions he could be seen to be fulfilling that duty.   Mr Cooney has told us that Mr Butcher’s horse was hanging a bit and Mr Butcher thought that his horse had ducked in a bit.   Both of those could have arisen from Mr Butcher steering his horse inwards to get a run.

This Committee is of the view that Pockets On Fire did not gain an advantage from the inwards movement and accordingly the Protest is dismissed.

BJ Scott                       JN Holloway

CHAIR                        Committee Member

11805

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hearing_type: Old Hearing

Rules: 869(7A)(c) & 869(8)(a)

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race_title: R 7

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meetdate: 08/04/2010

meet_title: Cambridge - Te Awamutu HRC - 8 April 2010

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name: Cambridge - Te Awamutu HRC