Forbury Park TC 18 July 2013 – R 8 (heard on 28 July 2013 at Rangiora)

hearingid: 7fc27e7f826c935e1b11f0d3e05d2434

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hearing_racingtype: harness-racing

startdate: 18/07/2013

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hearing_title: Forbury Park TC 18 July 2013 - R 8 (heard on 28 July 2013 at Rangiora)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S P Renault, Stipendiary Steward

Respondent: M P Kerr, Licensed Junior Driver

Information No: A1829

Meeting: Forbury Park Trotting Club

Date: 18 July 2013 (heard at Rangiora on 28 July 2013)

Venue: Forbury Park Raceway, Dunedin

Race: 8

Rule No: 869 (4) & Passing Lanes, False Rails & Home Straight Regulations

Judicial Committee: R G McKenzie, Chairman - K G Hales, Committee Member

Plea: Denied

THE CHARGE:

Following the running of Race 8, Arty Bloxham Transport Discretionary Handicap Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr M P Kerr, alleging that Mr Kerr, as the driver of JACCKA OPIE in the race, “allowed JACCKA OPIE to shift ground outwards in the run home resulting in ROCK OF TARA being checked”.

The information was filed with the Registrar and served on Mr Kerr on racenight and adjourned. It was heard at the meeting of Rangiora Harness Racing Club at Rangiora on 28 July 2013.

Mr Kerr had signed the Statement by the Respondent on the information form indicating that he denied the breach. He was present at the hearing of the information and he confirmed that he denied the charge. He was assisted at the hearing by Licensed Open Horseman, Mr P F Kerr.

Rule 869 provides as follows:

(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.

The Passing Lanes, False Rails and Home Straight Regulations provide as follows:

7. Except where a horseman is making a move pursuant to Rule 869 (7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.

8. Failure to comply with . . . Clause 7 hereof shall be deemed a breach of Rule 869 (4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869 (8) apply.

SUBMISSIONS:

Mr Renault said that, following Race 8, the Stewards lodged a protest alleging interference to ROCK OF TARA (M J Williamson), placed 4th by the judge, by the winner JACCKA OPIE, driven by Mr Kerr. The protest was upheld and JACCKA OPIE was relegated to 4th placing. Mr Kerr was subsequently charged.

Mr Renault showed side-on and head-on video replays of the final 200-300 metres of the race. He pointed out JACCKA OPIE leading the field into the home straight. He also pointed out ROCK OF TARA (M J Williamson), ELUSIVE FLIGHT (D J Dunn) and MACKENZIE JACOB (J W Cox).

Mr Renault alleged that, near the finish, Mr Williamson had to take a hold of his horse and it was under a hold to the line. He alleged that, as the field entered the home straight, Mr Kerr’s horse was against the pylon marking the start of the passing lane. As the horse ran up the straight, it was under a drive the whole way and it continued to run outwards. He pointed out that Mr Williamson had a clear run but, shortly after that, Mr Kerr’s horse moved outwards and continued to do so, Mr Renault alleged. He pointed out Mr Williamson’s wheel being behind Mr Kerr’s wheel. There was no movement from the outside horse, ELUSIVE FLIGHT.

Mr Renault referred to the decision of the racenight Judicial Committee but the issues before this Committee were different from those before the racenight Committee and we, therefore, attached no weight to that decision. We had to reach our own decision based on the evidence presented to us.

Mr Renault conceded that there was tightening at the finish and that this was acknowledged by all parties. However, Mr Kerr had moved out approximately 2 cart widths. He alleged that MACKENZIE JACOB, inside JACCKA OPIE, had not contributed to the incident. Mr Kerr did not accept that. Mr Dunn’s horse, the widest of the four runners, had maintained a straight course until right on the line, Mr Renault submitted.

Mr P F Kerr put it to Mr Renault that, when Mr Kerr, had moved out, there was no interference to any other runner. Mr Renault agreed that the interference had occurred approximately 20 metres from the finish. There will always be movement but 2 cart widths was too much, Mr Renault said. Mr Kerr had taken no steps to straighten the horse in the run home and had used his whip throughout. This led to the interference which would not have taken place if Mr Kerr had maintained a straight line, he submitted.

Mr P F Kerr alleged that Mr Cox had moved out some 3 cart widths in the home straight and, at one point, had touched sulkies with Mr Kerr. He submitted that there was movement from three horses in the final 50 metres.

Mr M P Kerr submitted that he had maintained a straight line over the final 100 metres. He conceded that he had moved out prior to that but there had been no interference at all. Mr Williamson had been able to hit his horse with the whip, he said. Likewise, the inside horse, MACKENZIE JACOB, had continued to move out down the straight and had contributed to the general tightening. Mr Dunn had moved in near the line and tightened the three runners inside.

Mr Renault said that the Stewards acknowledged that MACKENZIE JACOB had run out but they believed Mr Cox had not done all that he reasonably could to keep it straight. Mr Kerr continued to drive his horse and allowed it to shift out. The Committee should look at the whole of the run home, he said.

REASONS FOR DECISION:

Mr Kerr has been charged with driving in a manner causing or likely to cause interference in that he allowed JACCKA OPIE to shift outwards in the run home resulting in ROCK OF TARA being checked.

We had the benefit of being able to view side-on and head-on video replays of the final stages of the race.

What the head-on replay showed was that, from the point that JACCKA OPIE turned into the home straight, it moved out approximately 1 ½ to 2 cart widths and that was agreed to by both parties. What the Committee found significant was that there was no actual interference over that stage of the race as Mr Kerr was sufficiently clear of other runners. Further, because of the extent of the movement it was unlikely that interference was likely to be caused.

In the final 100 metres or so, we were satisfied that JACCKA OPIE, for all intents and purposes, had maintained a straight line to the finish. There was outward movement by JACCKA OPIE prior to that but it was not, in our view, significant enough for us to be satisfied that Mr Kerr had breached the Regulation or that Mr Kerr drove in a manner causing or likely to cause interference.

DECISION:

The charge was dismissed.

R G McKenzie         K G Hales

CHAIR                   COMMITTEE MEMBER

28 July 2013

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hearing_type: Old Hearing

Rules: 869(4) & Passing Lanes, False Rails & Home Straight Regulations

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