Kaikoura TC – 5 January 2006 –

hearingid: 3953f35804eeaf07dd30c8699c83d2f7

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hearing_racingtype: harness-racing

startdate: 05/01/2006

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hearing_title: Kaikoura TC - 5 January 2006 -

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Following the running of Race 11, the McCrory Thomas United Travel Mobile Pace, an information instigating a protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8)

Following the running of Race 11, the McCrory Thomas United Travel Mobile Pace, 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 by horse number (1) placed 2^nd by the judge against horse number (4) placed 1^st by the judge on the grounds of interference over concluding stages. OK Jaque D. J. Butt shifted in locking wheel with Coppertone (J. Gray) last 50 metres."

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:

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1. may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
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2. 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. M. Gray who was the driver of "Coppertone", and Mr D. J. Butt who was the driver of "OK Jaque". Both drivers advised that they represented the connections of their respective horses.

Mr Gray gave evidence that he was trailing "OK Jaque" which entered the home straight in the lead. Mr Gray said that he used the passing lane and over about the last 50 metres "OK Jaque" moved inwards and locked wheels with his horse and that this stopped his progress.

Video coverage of the incident was shown to illustrate what had happened.

Mr Butt did not dispute that his horse had moved inwards and locked wheels with "Coppertone". He put it to Mr Gray that he could have pulled back to free his wheel, but Mr Gray did not accept this was a realistic option so late in the race.

Mr Butt also raised the point that the passing lane tapers towards the winning post, and that this could have been relevant. However it was pointed out to Mr Butt that Clause 4 of the Passing Lanes, False Rails and Home Straight Regulations requires a horse which leads into the straight to maintain as straight a course as possible parallel to the running line, and to allow trailing horses full access to the expanded inside line.

After hearing the evidence we retired to consider our decision.

The video coverage of this incident shows quite clearly that late in the race "OK Jaque" moved inwards and that "Coppertone" was keeping a straight line.

When we returned to the Enquiry Room we gave the following oral decision.

"Having heard the evidence and having seen the video coverage we are satisfied that "OK Jaque" moved inwards over the concluding stages and locked wheels with "Coppertone". We find that there was interference which interfered with the progress or chance of "Coppertone". The protest is upheld and the 1^st and 2^nd placings are reversed. The amended places are as follows.:

1^st ? Coppertone (1)

2^nd ? OK Jaque (4)

3^rd ? Hopefull (7)

4^th ? Dreamy Chick (8)

5^th ? Caddon Doll (16)

6^th ? Amarok (11)

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hearing_type: Old Hearing

Rules: 869.8

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