Kumeu TC – 14 October 2005 – Race 2

hearingid: 49e9b1544bc462e14e422c8315a5a699

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hearing_racingtype: harness-racing

startdate: 14/10/2005

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decisiondate: no date provided

hearing_title: Kumeu TC - 14 October 2005 - Race 2

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After Race 2 Stipendiary Steward Mr JM Muirhead instigated a protest into the first placing of Salalah alleging interference shortly after the start to Zane Patrick placed sixth by the judge.

After Race 2 Stipendiary Steward Mr JM Muirhead instigated a protest into the first placing of Salalah alleging interference shortly after the start to Zane Patrick placed sixth by the judge. Mr Muirhead sought relegation of Salalah to behind Zane Patrick. The Judges placings after the horses passed the finishing line were 4 ? Salalah, 11, 9, 8, 7, and 5 ? Zane Patrick.

Mr B Purdon (trainer) and Mr J Abernethy (driver) were present on behalf of Salalah. Mr Purdon confirmed that he represented the owners of that horse.

Mr M Berger (trainer) and Mr Chris Te Tomo (driver) were present and represented Zane Patrick. Mr Berger as part owner confirmed that he was representing the owners.

Evidence was given by Stipendiary Steward Mr J Muirhead with reference to video tapes of the race. The evidence clearly showed that Salalah hung out and broke shortly after the start and it ran outwards in a break and made contact with Zane Patrick and caused that horse to lose ground.

Mr Muirhead stated that all horses were entitled to compete fairly and without interference and despite the interference Zane Patrick finished 0.1 of a length from 4^th position. Mr Muirhead pointed out that the rule applies to both the horse and driver although at this stage the driver had not been charged.

Mr Te Tomo confirmed that interference had been caused to his horse and that it had lost ground as a result. Mr Berger confirmed this position by viewing the video evidence. In response to a question from Mr Purdon and Mr Abernethy both Mr Berger and Mr Te Tomo confirmed that Zane Patrick did not have great gate speed but they did hope that he would settle in the first half of the field once the mobile barrier had left but that their horse's chance was extinguished as a result of the interference caused by Salalah.

Mr Abernethy suggested that the speed of the mobile barrier contributed to his horse's problems and further than that he suggested that if Zane Patrick had been up on the mobile barrier after the start then even though it had broken Salalah would have missed him. Mr Purdon suggested that notwithstanding that the interference took place, the best horse clearly won the race and the chances of Zane Patrick were accordingly not affected.

After listening to the evidence and submissions we find interference was caused to Zane Patrick by Salalah shortly after the start of the race and that notwithstanding the winning margin of Salalah the interference was of sufficient severity to warrant a change in placings.

Salalah is accordingly relegated to behind Zane Patrick and the amended placings are now 11, 9, 8, 7, 5 and 4.

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hearing_type: Old Hearing

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raceid: c47fae310fd71c40cd5a6f3a4f453b21

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racecancelled: 0

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race_title: Race 2

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meetid: 14c2db4b9932d4113abf2679ebc265ac

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meetdate: 14/10/2005

meet_title: Kumeu TC - 14 October 2005

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name: Kumeu TC