Methven TC 5 September 2010 – R 6 (instigating a protest)

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startdate: 05/09/2010

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hearing_title: Methven TC 5 September 2010 - R 6 (instigating a protest)

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  N M Ydgren, Stipendiary Steward

Defendant:  N/A

Information No: 14569 (Instigating a Protest)

Meeting: Methven Trotting Club

Date: 5 September 2010

Venue: Methven

Race: 6

Rule No: 869 (8)

Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member

Plea: N/A

Also present:  Mr G D Smith, Licensed Open Driver, Mr J D McKenzie, Owner of THAT’S ALL RIGHT, Miss S J Ottley, Licensed Junior Driver

FACTS:

Following the running of Race 6, Richmond Working Men’s Club Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against THAT’S ALL RIGHT (G D Smith), placed 2^nd by the judge, on the ground of interference to SWAMP DWELLER (S J Ottley), placed 14^th by the judge, with approximately 1,000 metres to run.

Rule 869 provides as follows:

(8)     The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:

(a)     may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or

(b)     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.

SUBMISSION(S):

Mr Ydgren said that, with approximately 1,000 metres to run, Miss Ottley on SWAMP DWELLER was racing in the parked position. Mr Smith improved 3-wide to reach the parked position. At that point, SWAMP DWELLER galloped.

Mr S P Renault, Stipendiary Steward, showed video replays of the incident as the field entered the back straight for the final time. He pointed out the two horses involved. Mr Ydgren acknowledged that the video replays were inconclusive. However, there was contact, Mr Ydgren said, as a result of which SWAMP DWELLER had galloped.

Miss Ottley said that Mr Smith was improving around her to the parked position and she was intending to hand up to him. There was slight contact between Mr Smith’s sulky and her horse’s off front leg as he went past which caused her horse to gallop, she said.

Mr Smith admitted that there had been contact but it was “considerably before” the gallop. Further, he said, he had not changed his line at all but Miss Ottley’s horse had run out and contacted the stay of his sulky, not the wheel. It was no more than a touch. It was the result of Miss Ottley’s horse running out. He demonstrated this on the head-on video replay. SWAMP DWELLER was still pacing as his horse ran past it. It “dipped its head and galloped” 15-20 metres later, he said.

Mr McKenzie said that it seemed clear from the video replays that SWAMP DWELLER had broken after THAT’S ALL RIGHT had crossed in front of it.

Miss Ottley admitted, when questioned by the Committee, that her horse had run out slightly and she repeated that the contact was “very little”. She also admitted that her horse did not gallop for several strides until after Mr Smith had crossed.

REASON(S):

Having heard the evidence of the parties and viewed the video replays, the Committee was not satisfied that THAT’S ALL RIGHT had caused interference to SWAMP DWELLER as alleged in the information. It was an agreed fact that there was contact between the off front leg of SWAMP DWELLER and the sulky of THAT’S ALL RIGHT as Mr Smith was progressing past Miss Ottley to the parked position. It was also accepted by Miss Ottley that her horse had moved out, from which it can be inferred that, at the very least, it contributed to the contact being made. In general, the Committee found Miss Ottley’s evidence to be unconvincing. The Committee found, firstly, that SWAMP DWELLER did move out and, secondly, that it did pace for several strides after Mr Smith had fully crossed that horse. Having so found, the Committee cannot be satisfied that, notwithstanding the contact, the breaking of SWAMP DWELLER was the result of interference by THAT’S ALL RIGHT.

DECISION:

The protest was dismissed and the judge’s placings stand.

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hearing_type: Old Hearing

Rules: 869(8)

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race_title: R 6

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meetdate: 05/09/2010

meet_title: Methven TC - 5 September 2010

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name: Methven TC