Franklin TC – 19 August 2005 – Race 8

An information was lodged alleging a breach of the rules the informant was Mr. J M Muirhead and the defendant being Mr. G Robb .

The information stated that Horseman Mr. G Robb drove Labella in a jostling manner which caused interference to Bubba (Mr. D Butcher).

Rule 869 (4) states "No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or its progress"

Mr. Robb did not admit the breach of this rule and was present at the hearing.

Mr Muirhead showed the video of this alleged incident and identified the horses concerned, he stated that Mr. Robb who was on the outside of Mr. Butchers horse racing in a three wide position was attempting to push Bubba Mr. Butcher to the pole line. Mr. Muirhead alleged that Mr. Robb was the cause of Bubba breaking as he had applied pressure to Bubba and Mr. Butcher had not conceded Mr. Muirhead alleged that Bubba had broken under pressure from Mr. Robb when attempting to push this horse down to the pole line.

Mr. Muirhead stated in evidence this was not the worse case he had seen however he believed the incident had gone on for too long and stated 150 meters was the distance Mr. Robb had been trying to get Mr. Butcher down to the pole line.

Mr. D Butcher the driver of Bubba was called as a witness and stated when questioned by Mr. Muirhead that Bubba had broken as a result of pressure from Mr. Robb's horse when attempting to ease him down to the pole line. Mr. Butcher was adamant that he was entitled to his position and stated he was trailing Mr Coles horse Seelster Mike and that he had intended to stay where he was.

Mr. Robb when giving his evidence stated he had an advantage over Mr. Butcher's horse and Mr. Butcher should have conceded and gone down to the pole line. Mr. Robb used the video to show the committee where he had an advantage and was adamant that Mr. Butcher had driven out to cause him interference. Mr. Robb also stated to the committee that this sort of thing has happened to him on more than one occasion in recent races.The chairman asked Mr. Robb if he was aware of rule 872 and Mr Robb stated he was not aware of this rule where a driver must report any interference to the Stipendiary Stewards immediately following the running of a race.

Decision And Reasons.

Having listened to all the evidence as presented By Mr. Muirhead, Mr. Butcher and Mr. Robb also having viewed the video of this incident this committee finds that the breach of rule 869 (4) by Mr Robb is proven.

We find that Mr. Robb tried to get Mr Butchers horse down to the pole line for a period of at least 150 meters as alleged and in carrying out this maneuver it was the actions of Mr. Robb which caused Bubba to break from it's gait.

The video evidence is compelling and clearly shows Mr. Robb the driver of Labella exerting pressure on Bubba. Mr. Butcher held his ground as he in entitled to do and it was clear that Mr Butcher's horse Bubba was trailing Mr. Coles horse and had every right to be in his chosen position.

Mr. Robb was out in a three wide position not two wide as he alleged

Submissions were heard on penalty from both Mr. Muirhead and Mr. Robb. The driving record of Mr. Robb was produced for perusal.

A fine of $250.00 was imposed in this instance.