Franklin TC – 6 July 2007 –

hearingid: 3c780b7bb615703c9bd2d5f224fade50

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hearing_racingtype: harness-racing

startdate: 06/07/2007

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hearing_title: Franklin TC - 6 July 2007 -

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Under Rules no. 869 (7) (b) an Information was lodged by Stipendiary Steward Mr J Muirhead following Race 1 alleging that Horseman Mr B Lee drove FLUBYU carelessly striking the wheel of the sulky of TIZ A CULLEN

Under Rule no. 869 (7) (b) an Information was lodged by Stipendiary Steward Mr J Muirhead following Race 1 alleging that Horseman Mr B Lee drove FLUBYU carelessly striking the wheel of the sulky of TIZ A CULLEN causing his own horse to break with approximately 400 metres to run.

Mr Lee denied the charge.

Mr Muirhead gave evidence of his observations from the Stewards viewing position opposite the winning post and referred to video footage of the race.

Mr Lee drove his horse hard out of the gate and challenged for the lead early, his horse ran about and went three wide and settled back in and then immediately went forward and challenged for and gained the lead at a 57 second rate for the first 800 metres. He was challenged for the lead by Mr Wolfenden and on giving up the lead had trouble keeping pace ending up 3 deep on the running line

In the latter stages of the race FLUBYU appeared to be giving ground and Mr Lee was tapping it up. He was driving it forward and moved one off the running line near the final bend, reached to pull the plugs

and the horse moved out and struck the sulky wheel of Tiz a Cullen causing his horse to break up and lose all chance.

In Mr Muirhead's opinion taking into account the horse's erratic behaviour Mr Lee should have been taking far more caution and not pulling the plugs on the bend. The horse was not under control when he pulled the plugs and in his opinion should have waited until the run home to do so.

He submitted that Mr Lee's driving was careless because he wasn?t in control. He had looked at a charge of incompetent driving but taking the horse's manners into consideration thought that charge would be a little unfair.

Despite the racing manners of the horse and the warnings of this at earlier stages of the race Mr Lee had not taken sufficient caution

Mr Mitchell driver of Tiz A Cullen said he was three wide when Mr Lee's horse all of a sudden came out coming into contact with his sulky shaft. In his opinion when Mr Lee has pulled the lugs he has lost control and his horse has darted outward hitting his sulky.

When asked about the timing of pulling the plugs and whether it was preferable for this to be done at this point in the race or in the run home, Mr Mitchell said that it was a funny question but that he would probably have pulled them before this stage.

In response to a question from Mr Lee driver Mitchell said that FLUBYU was travelling normally until just after it struck his sulky.

Mr Lee stated that he definitely had the horse under control throughout the race. The problem was that the horse had taken fright at the plugs being pulled. It is a green horse and had galloped in its last three starts.

Mr Muirhead said the horse had been warned for its manners 2 starts prior but on this occasion the horse had broken after coming into contact with the sulky. The question was whether the horse was under control when Mr Lee pulled the plugs.

Mr Lee said he was duty bound to try and improve his horse's position in the race and began to move with other runners. He could not be expected to be psychic and envisage when the horse was going to run out. He had the horse under as much control as any driver would be expected to have a horse under.

In three previous drives he had not encountered any real problems with the horse apart from the fact that it was green.

In summarising Mr Muirhead said the case was about horsemanship standards and the due care that should be exercised by horsemen including Mr Lee and that there were safety issues to consider as well as the chances of the horse. He considered Mr Lee had let himself down on this occasion.

Mr Lee in conclusion said that at the time the horse was travelling well and he was in complete control when he pulled the plugs at what he considered to be the opportune time and the horse ran out. These things happened in racing when we are dealing with animals not machines. In three previous drives he had experienced no similar problems although the horse races green.

In order for this charge to be proven I have to satisfy myself that the actions taken by Mr Lee on the turn near the 400 metre mark was careless.

We have also had three opinions on the best time to pull the plugs and submissions in respect to the running of the race and the signs FLUBYU was exhibiting as well as the obligations on the driver to do his best in a race taking the rules and safety factors into consideration

I cannot accept that you could have foreseen your horse ducking out as it did. This act of the horse was not contributed by any act of carelessness on your part.

What happened in the earlier part of the race is not a matter for me to concern myself with because the charge relates an act of carelessness near the 400 metre mark.

Accordingly I find the charge has not been proved to my satisfaction.

Therefore the charge is dismissed

Jeff Holloway

Chairman

7^th July 2007

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