Hororata TC – 3 March 2005 – Race 2

hearingid: 4eba10e9d1cfaf1047f39552f93b30d0

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hearing_racingtype: harness-racing

startdate: 03/03/2005

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penaltyrequired:

decisiondate: no date provided

hearing_title: Hororata TC - 3 March 2005 - Race 2

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Decision:

Following the running of Race 2 an Information Instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8).

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-- DECISION AND REASONS: -- Following the running of Race 2 an Information Instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8). The information reads as follows. ------ "This is a protest against horse number (8) placed 1st by the judge on the grounds of interference to horse number (6)." -- 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: -- ------ -- may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or -- 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 C. J. De Fillipi the driver and trainer of Just N Time (8) and Mr R. D. Holmes the driver of Vance Marie (6). Mr De Fillipi advised that he also represented the interests of the owners of Just N Time. -- Mr Holmes gave evidence that when leaving the front straight for the first time he was following Mr De Fillipi's horse which moved out and then came back on him which resulted in his horse breaking and losing its chance. -- Stipendiary Steward Mr B. Williams used the video coverage of the race to illustrate this incident. The video showed that Mr De Fillipi's horse paced roughly for a short time and moved off the marker line and Mr De Fillipi restrained it. The horse then moved back onto the marker line, but in the meantime Vance Marie had moved up inside Just N Time. This resulted in Vance Marie being forced to take evasive action after which it broke and lost its chance, finishing last in the race. -- Mr Holmes was asked if there had been any contact made in this incident. Mr Holmes said he was unsure but that he did not hear anything -- Mr De Fillipi asked Mr Holmes several questions about his evidence. The crux of Mr De Fillipi's questioning was that Mr Holmes was an experienced horseman and that he should have been able to pull back and avoid this situation. -- Mr De Fillipi said that he did not deny that his horse "went rough" and that it came back half a length, but that Mr Holmes had plenty of time to avoid him. Mr Holmes response was that he did not expect Mr De Fillipi's horse to make the movements that it did. -- At the conclusion of the evidence I asked Mr De Fillipi to confirm that his horse had moved off the marker line leaving a gap. Mr De Fillipi agreed that this was so, but said that the gap he had left was not big enough for both the horse and sulky. Mr De Fillipi did not deny that his horse did "go rough" and did come back on to Mr Holmes horse. -- I adjourned to consider my decision. -- Having heard the evidence and having seen the video replays from various angles I was satisfied that Mr De Fillipi's horse paced roughly for a few strides when leaving the front straight for the first time. Mr De Fillipi was seen to restrain his horse which moved off the marker line. At the same time Mr Holmes horse gained some ground on Mr De Fillipi, but kept the same line. Mr De Fillipi has agreed that his horse came back about a half length and moved back onto the marker line. -- I accept Mr Holmes evidence that he did not expect to have his progress interfered with, and that the result was that his horse broke and lost its chance. -- I reject Mr De Fillipi's evidence that Mr Holmes was the cause of this incident because he did not restrain his horse so as to avoid the incident. -- The cause of this incident was wholly attributable to a brief lapse in the racing manners of Just N Time. ------ Rule 869(8) provides that a Judicial Committee may relegate any horse -- which 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. -- In this case I was satisfied that Just N Time had interfered with the progress and chance of Vance Marie and that Just N Time had gained an advantage over Vance Marie. I was also satisfied that in this case I should exercise my discretion to relegate and my decision was therefore that Just N Time should be relegated behind Vance Marie to 15th place. -- On returning to the Enquiry Room I advised that a full written decision would be made later, and I delivered the following oral decision. -- "I am satisfied that the breaking of Vance Marie was caused by Just N Time moving out and then back in on the horse. You say that it didn?t have enough room, but that was the cause of it. In accordance with the rule that we are dealing with you interfered with the progress of that horse and it's chance. I?m going to uphold the protest." -- The amended placings are as follows. -- -- 1st ? Marenga (16) -- 2nd ? Kilimanjaro (11) -- 3rd ? Kay N Kayes (13) -- 4th ? Drag Race (3) -- 5th ? Star Gate (14) -- 6th ? Imaqteeboy (15) --   --   --   --   --   --

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hearing_type: Old Hearing

Rules: 869.8

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StipendSteward:

raceid: ab4825ba708a84d7fdb7caaeae043c69

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 2

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meetid: 8faaaf5a3c5858f5402005e37e035b0b

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 03/03/2005

meet_title: Hororata TC - 3 March 2005

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tracklocation: hororata-tc

meet_racingtype: harness-racing

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name: Hororata TC