Archive Decision

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Manawatu HRC – 20 November 2008 – Race 9

ID: JCA22171

Hearing Type:
Old Hearing

Rules:
869.4

Hearing Type (Code):
harness-racing

Meet Title:
Manawatu HRC - 20 November 2008

Race Date:
2008/11/20

Race Number:
Race 9

Decision:

Rule:                 869(4.) 6(b) and (c) PUSHOUT RULE

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Judges placings 1st 8, 2nd 5, 3rd 9, 4th 2 and 5th 7.

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Margins ¾ length., ½ length, 1 length., ½ length

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Present at the hearing were Mr P O’Brien Trainer of the horse CLINTON’S MAID placed 2nd by the judge, also that horses driver Junior Horseman Brady Jones, Mr Jay Abernethy the driver of STRIKING DASH placed first by the judge, Mr Forrester trainer of STRIKING DASH and Mr P Fergusson who was there to assist Junior Horseman Brady Jones.



Rule 869 (4) 6 (b) and (c) PUSHOUT RULE

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Judges placings 1st 8, 2nd 5, 3rd 9, 4th 2 and 5th 7.

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Margins ¾ length., ½ length, 1 length., ½ length

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Present at the hearing were Mr P O’Brien Trainer of the horse CLINTON’S MAID placed 2nd by the judge, also that horses driver Junior Horseman Brady Jones, Mr Jay Abernethy the driver of STRIKING DASH placed first by the judge, Mr Forrester trainer of STRIKING DASH and Mr P Fergusson who was there to assist Junior Horseman Brady Jones.

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The Chairman had Mr Allison read the Rule and those present acknowledged they understood same.

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Stipendiary Steward Mr J Muirhead demonstrated and interpreted films of the alleged incident.  These films clearly showed Mr Abernethy angle his horse out prior to the 1000 metre Mark forcing CLINTON’S MAID wider on the track.

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Mr Abernethy when given the opportunity did not wish to give his interpretation of the films shown nor did he have any questions of Mr Muirhead.

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Mr Jones when asked by Mr Allison said he was trailing up and Mr Abernethy forced him 4 wide.  Mr Fergusson on Mr Jones behalf said Mr Abernethy had clearly pushed out prior to the 1000 metre mark, thus forcing CLINTON’S MAID over extra ground and gained an advantage by running in an outside position instead of 4 back on the fence.

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Mr O’Brien for his part said it was unfortunate that Mr Abernethy’s horse was pulling and Mr Abernethy had elected to come out when he did, in his opinion it was very similar to the HOLMES DG incident the first pushout rule enforcement.

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Mr Forrester had some doubt that the horse placed 2nd by the judge namely CLINTON’S MAID could have beaten his horse STRIKING DASH.

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Mr Abernethy for his part acknowledged he did pushout prior to the 1000 metre mark but said his horse was pulling so hard had he not moved out it could have become dangerous.

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In summing up Mr Allison said there is no doubt that STRIKING DASH has moved out prior to the 1000 metre mark, and that the Chairman must decide whether STRIKING DASH has gained and advantage and has that horse forced CLINTON’S MAID over extra ground.

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All parties acknowledged that they had nothing further to add and that they had a fair hearing and left the Judicial Room.

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Prior to arriving at a decision the Chairman carefully considered all of the evidence both verbal and the films shown to him.

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He then considered had STRIKING DASH gained an advantage over other horses or was it just the horse CLINTON’S MAID placed 2nd by the judge, the answer to that question was it was just CLINTON’S MAID.

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STRIKING DASH had clearly moved out prior to the 1000 metre mark forcing CLINTON’S MAID over extra ground and secured a better run for itself.  The margin between the two horses at the finish was only ¾ length.

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The Chairman exercised his discretionary power and placed STRIKING DASH immediately behind CLINTON’S MAID as that horse had clearly gained in excess of ¾ length.

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When asked, the Stipendiary Stewards said they did not wish to charge any horseman involved in the incident.

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BP Holland

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Chairman

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: d204fc2e590c13f24bd80339fabf7bd8


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 20/11/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Manawatu HRC - 20 November 2008 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Rule:                 869(4.) 6(b) and (c) PUSHOUT RULE

--

 

--

Judges placings 1st 8, 2nd 5, 3rd 9, 4th 2 and 5th 7.

--

Margins ¾ length., ½ length, 1 length., ½ length

--

 

--

Present at the hearing were Mr P O’Brien Trainer of the horse CLINTON’S MAID placed 2nd by the judge, also that horses driver Junior Horseman Brady Jones, Mr Jay Abernethy the driver of STRIKING DASH placed first by the judge, Mr Forrester trainer of STRIKING DASH and Mr P Fergusson who was there to assist Junior Horseman Brady Jones.



Rule 869 (4) 6 (b) and (c) PUSHOUT RULE

--

 

--

Judges placings 1st 8, 2nd 5, 3rd 9, 4th 2 and 5th 7.

--

Margins ¾ length., ½ length, 1 length., ½ length

--

 

--

Present at the hearing were Mr P O’Brien Trainer of the horse CLINTON’S MAID placed 2nd by the judge, also that horses driver Junior Horseman Brady Jones, Mr Jay Abernethy the driver of STRIKING DASH placed first by the judge, Mr Forrester trainer of STRIKING DASH and Mr P Fergusson who was there to assist Junior Horseman Brady Jones.

--

 

--

The Chairman had Mr Allison read the Rule and those present acknowledged they understood same.

--

 

--

Stipendiary Steward Mr J Muirhead demonstrated and interpreted films of the alleged incident.  These films clearly showed Mr Abernethy angle his horse out prior to the 1000 metre Mark forcing CLINTON’S MAID wider on the track.

--

 

--

Mr Abernethy when given the opportunity did not wish to give his interpretation of the films shown nor did he have any questions of Mr Muirhead.

--

 

--

Mr Jones when asked by Mr Allison said he was trailing up and Mr Abernethy forced him 4 wide.  Mr Fergusson on Mr Jones behalf said Mr Abernethy had clearly pushed out prior to the 1000 metre mark, thus forcing CLINTON’S MAID over extra ground and gained an advantage by running in an outside position instead of 4 back on the fence.

--

 

--

Mr O’Brien for his part said it was unfortunate that Mr Abernethy’s horse was pulling and Mr Abernethy had elected to come out when he did, in his opinion it was very similar to the HOLMES DG incident the first pushout rule enforcement.

--

 

--

Mr Forrester had some doubt that the horse placed 2nd by the judge namely CLINTON’S MAID could have beaten his horse STRIKING DASH.

--

 

--

Mr Abernethy for his part acknowledged he did pushout prior to the 1000 metre mark but said his horse was pulling so hard had he not moved out it could have become dangerous.

--

 

--

In summing up Mr Allison said there is no doubt that STRIKING DASH has moved out prior to the 1000 metre mark, and that the Chairman must decide whether STRIKING DASH has gained and advantage and has that horse forced CLINTON’S MAID over extra ground.

--

 

--

All parties acknowledged that they had nothing further to add and that they had a fair hearing and left the Judicial Room.

--

 

--

Prior to arriving at a decision the Chairman carefully considered all of the evidence both verbal and the films shown to him.

--

 

--

He then considered had STRIKING DASH gained an advantage over other horses or was it just the horse CLINTON’S MAID placed 2nd by the judge, the answer to that question was it was just CLINTON’S MAID.

--

 

--

STRIKING DASH had clearly moved out prior to the 1000 metre mark forcing CLINTON’S MAID over extra ground and secured a better run for itself.  The margin between the two horses at the finish was only ¾ length.

--

 

--

The Chairman exercised his discretionary power and placed STRIKING DASH immediately behind CLINTON’S MAID as that horse had clearly gained in excess of ¾ length.

--

 

--

When asked, the Stipendiary Stewards said they did not wish to charge any horseman involved in the incident.

--

 

--

 

--

BP Holland

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.4


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: aca058811623f130d09533dc9135e4ad


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


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meetdate: 20/11/2008


meet_title: Manawatu HRC - 20 November 2008


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tracklocation: manawatu-hrc


meet_racingtype: harness-racing


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name: Manawatu HRC