HR Waikato 18 August 2016 – R 1 (instigating a protest) – Chair, Mr A Godsalve

hearingid: 5ccb06a66a40272812a26b5ccb64554e

informantnumber: A3699

horsename: THE SCRUFF

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 21/08/2016

hearing_title: HR Waikato 18 August 2016 - R 1 (instigating a protest) - Chair, Mr A Godsalve

charge:

facts:

Following the running of race 1, the FAIRVIEW MOTORS JUNIOR DRIVERS HANDICAP TROT, an Information instigating a protest was lodged by Mr Muirhead, against the 2nd placed horse THE SCRUFF driven by Mr Fergusson. Mr Muirhead alleged that THE SCRUFF shifted down into the passing lane early in the run home which impeded the progress of DANKE, driven by Mr Blakemore. Mr Fergusson, assisted by Ms Chilcott, was present at the hearing representing the connections of the horse THE SCRUFF and indicated that he wished to contest the protest.

The official placings-following an earlier protest when the horse DANKE had been promoted from 5th to 4th placing were:

1st - CREAMEE

2nd - THE SCRUFF

3rd - DONNA MAY

4th - DANKE

5th - YALDY BOYZ

The hearing into this protest was delayed due to the unavailability of respective parties.

Rule 869A(2) provides that 'When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed place the horse that, or whose driver, caused the interference immediately after the horse interfered with.'

The Passing Lane Regulations require that (4) 'In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the remainder of the expanded inside lane.'

appealdecision:

isappeal:

submissionsfordecision:

Using the available films, Mr Muirhead identified the horses,THE SCRUFF and DANKE as the field approached the final turn into the home straight. THE SCRUFF was leading, with DANKE immediately behind it. Mr Muirhead alleged that as THE SCRUFF turned into the straight Mr Fergusson shifted inwards towards the passing lane. He pointed out that Mr Blakemore momentarily angled DANKE in towards the start of the passing lane, then had to restrain the horse when there was insufficient room to take advantage of the passing lane. Mr Muirhead stated that in the Stewards' opinion Mr Fergusson had denied DANKE its rightful access to the passing lane in breach of the Passing Lane Regulations.

Mr Fergusson stated that he believed that DANKE was hanging out badly and would not take the gap which was available to it in the passing lane. Mr Fergusson said he did not believe THE SCRUFF had shifted in significantly and that there was enough room for DANKE to take advantage of the passing lane if it was capable of doing so.

Ms Chilcott said she agreed with Mr Fergusson's statement and had nothing to add.

Mr Blakemore stated that he tried to take the passing lane with DANKE but was held up because THE SCRUFF had shifted inwards in front of him, causing him to restrain DANKE and attempt to come around THE SCRUFF on that horse's outside.

In reply to a question from the Committee Mr Blakemore stated that he believed THE SCRUFF had shifted in about 1 1/2 cart widths in front of him when he attempted to utilise the passing lane.

Mr Butcher stated that he considered that the films were clear that Mr Blakemore was denied access to the passing lane.

reasonsfordecision:

The Committee took careful note of the submissions of the parties and also took the opportunity to view the films independently.

We considered that it was clear from the head on film that THE SCRUFF had denied DANKE access to the passing lane. The Passing Lane Regulations are clear in that the leading horse into the final straight is required to maintain a straight line to the finish and provide full access into the passing lane for the trailing horse/s. The Committee firmly believed that Mr Fergusson had not kept a straight line, and furthermore, that in not doing so he denied DANKE its rightful access to the passing lane. We believed DANKE would have finished ahead of THE SCRUFF if this interference had not taken place.

Decision:

The Committee therefore upheld the protest.

The offcial placings became:

1st - CREAMEE

2nd - DONNA MAY

3rd - DANKE

4th - THE SCRUFF

5th - YALDY BOYZ

Authority was accordingly given for payment of dividends and stakemoney.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: Rule 869A(2) and the Passing Lane Regulations

Informant: Mr J M Muirhead - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr M Blakemore - Junior Driver of DANKE, Ms N Chilcott - Senior Horsewoman assisting Mr Fergusson, Mr D Butcher - Senior Horseman assisting Mr Blakemore

Respondent: Mr D Fergusson - Junior Driver of THE SCRUFF

StipendSteward:

raceid: 0cdd0dd63ca69473dca52d52814306a9

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 630d3d702614e672bc91e3bc0e2f0946

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 18/08/2016

meet_title: Harness Racing Waikato - 18 August 2016

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: harness-racing-waikato

meet_racingtype: harness-racing

meet_chair: AGodsalve

meet_pm1: ADooley

meet_pm2: none

name: Harness Racing Waikato