Kaikoura TC – 30 October 2006 –

hearingid: f0f09ea3dd7704ec23e4e409dfd323ee

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hearing_racingtype: harness-racing

startdate: 30/10/2006

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decisiondate: no date provided

hearing_title: Kaikoura TC - 30 October 2006 -

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Decision:

Following the running of Race 9, a protest was lodged by the Stipendiary Stewards against horse no. 7, Glenbogle (M Purdon), placed 2nd by the Judge

Following the running of Race 9, a protest was lodged by the Stipendiary Stewards against horse no. 7, Glenbogle (M Purdon), placed 2nd by the Judge, on the grounds of causing interference to horse no. 6, Inspire (A Butt), placed 3rd by the Judge.

The placings were: 1st - No 9, 2nd - 7, 3rd - 6, 4th - 3, 5th - 4, 6th - 5.

Prior to the hearing commencing, stipendiary steward, Mr McIntyre, sought and was granted leave to amend the Information under Rule 1111(3) by seeking to include the Easing Down Regulations.

Mr Purdon confirmed that he was representing the connections of Glenbogle in the enquiry.

Presenting his evidence, stipendiary steward, Mr McIntyre, called Mr A.Butt, and also referred to the video of the incident.

Mr Butt confirmed he was the driver of Inspire in the race. He said that, after approx. 100metres, he had begun well and was following other horses to get to the one-off-the-fence line. He said that Mr Purdon (on Glenbogle) was on his outside and attempted to move him down, which he was entitled to, but he said they were pretty much nose-to-nose and body-to-body, and he didn?t think Mr Purdon had a clear advantage over him. When the pressure came from the outside, his horse galloped.

To Mr McIntyre, he said Mr Purdon's movement was not an abrupt shift down but was slow and gradual and he described it as ?competitive driving?. He said they were both going for the same spot and he didn?t think Mr Purdon had the advantage to do that but, in saying that, he said his horse galloped when a lot of others would not have.

Mr McIntyre then called Mr Escott who referred to the video. He showed the respective positions of Messrs Butt and Purdon, and suggested that the pressure from Mr Purdon on the outside caused Mr Butt on the inside to gallop for a distance. He said the shaft of Mr Purdon's sulky was inside that of Mr Butt.

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Mr Purdon, in his account, said that he also made a good start and was initially 3 -wide and moved to get into a one-off position, which he was entitled to do, and he believed he had the advantage on Mr Butt. He said he was entitled to move him down and he did not think the movement was excessive.

Clarifying a comment for the stipendiary steward, Mr Butt agreed it was the sustained pressure from Mr Purdon that caused his mare to break and lose ground.

This was a protest brought by the stipendiary stewards against horse no. 7, Glenbogle placed 2nd by the Judge, under Rule 869(8), alleging interference to horse no. 6 Inspire, placed 3rd by the Judge, approximately 100metres after the start.

There was also an application to amend the Information to show the charge was also brought under the Easing Down Regulations.

With the time contraints, I will give a brief summation and a full written decision will be available later.

In this case, it was alleged that Inspire (A Butt) suffered interference approximately 100metres after the start, and that that interference was caused by Glenbogle (M Purdon) moving him down when both were going for a one-off position.

Under the Easing Down Regulations, there is reference to a horse requiring a ?clear advantage? over a horse they are about to move inwards.

From the film of the race, I am satisfied that, at the time Mr Purdon commenced his pressure on Mr Butt, he had a ?clear advantage? over Mr Butt, albeit small. I accept, and the evidence has shown, that it was a slow, gradual movement by Mr Purdon, confirmed by Mr Butt, and that Mr Purdon was entitled to be where he was (endeavouring to get into the one-off line) and again, this was echoed by Mr Butt.

I note that there was room inside for Mr Butt to go down but he chose to hold his line and also that Inspire had skipped briefly just beforehand.

By all admissions, and there is no dispute, there was clearly pressure brought to bear and, subsequently, Inspire galloped for a short distance. I am not satisfied, however, that it was solely attributable to Mr Purdon and the protest is therefore dismissed.

The placings remain:-

1. 9 Whatsundermykilt

2. 7 Glenbogle

3. 6 Inspire

4. 3 Manakau Spur

5. 4 Zuri

P.H.Welch

Chairman

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hearing_type: Old Hearing

Rules: 1111.3, 869.8

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