Hororata TC – 29 February 2008 –

hearingid: b845605b10590d22064951cf3509f1bf

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hearing_racingtype: harness-racing

startdate: 29/02/2008

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hearing_title: Hororata TC - 29 February 2008 -

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Following the running of Race 6, the Mountain River Processors Handicap Trot, an Information Instigating a Protest was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 869(8).  The information reads as follows.

Following the running of Race 6, the Mountain River Processors Handicap Trot, an Information Instigating a Protest was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 869(8).  The information reads as follows.

“This is a protest by horse number (11) against horse number (9) placed 3^rd by the judge on the grounds of interference to horse number (11).  The interference occurred with approx. 700m to run.” 

Rule 869(8) reads as follows.

“The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:

(a)  may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or

(b)  may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -

      immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.

Present at the hearing were Mr J. D. Burgess the owner, trainer and driver of SILVERDALE PRIDE (9), and Mr S. R. McNally the driver of MOMO (11). Mr Burgess agreed that he understood the Rule and the nature of the protest.

Stipendiary Steward Mr B. Williams used video coverage of the race to show that, with about 700 metres to run, Mr Burgess was trying to move his horse off the marker line.  In doing so he was trying to move MOMO wider on the track.  However at this time HOLIDAY LOVER (16) had moved up outside MOMO and the result was that MOMO ran out of room, broke, and lost its chance.

Mr McNally gave evidence and confirmed that the outwards movement by Mr Burgess had caused him to run out of room and break.

Mr Burgess gave evidence that he believed that he had the right to move MOMO wider on the track.  Mr Burgess did not dispute that Mr McNally had nowhere to go when he was trying to move MOMO outwards.

After hearing the evidence I advised the parties that there was clear evidence that Mr Burgess’s driving had caused MOMO to run out of room and break.  I therefore upheld the protest.

Mrs Williams advised that MOMO had finished last in the race and asked that SILVERDALE PRIDE be disqualified.  Accordingly SILVERDALE PRIDE was disqualified from its 3^rd placing. 

The amended places are as follows.

1^st – HOLIDAY LOVER (16)

          2^nd – RONNIE COUTE (5)

          3^rd – CULLENS ROCKET (6)

          4^th – MON STAR (13)

          5^th – SPIRIT OF THE SUN (3)

          6^th – KATIE MAY (10)

J M Phelan

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hearing_type: Old Hearing

Rules: 869.8

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