Nelson HRC – 8 June 2008 –

hearingid: 973f83f28bb6f974069791097063b0b7

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hearing_racingtype: harness-racing

startdate: 08/06/2008

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hearing_title: Nelson HRC - 8 June 2008 -

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Following the running of race three on the programme, an Information was lodged against Mr R Anderson, alleging a breach of Rule 857(7)(g) in that, as the driver of Silky Romance, he failed to come up into and/or maintain his position.

Following the running of race three on the programme, an Information was lodged against Mr R Anderson, alleging a breach of Rule 857(7)(g) in that, as the driver of Silky Romance, he failed to come up into and/or maintain his position.

Mr Anderson admitted the breach.

Explaining the circumstances, Mr Ydgren referred to the film of the mobile event. It showed Mr Anderson (on Silky Romance), who had drawn the outside of the front row, some distance back behind the other horses. Referring to Mr Anderson’s obligations to be up on the gate, Mr Ydgren pointed out that, whilst he drew up to nearly level with the horse inside him (Mr Davis on Blushing Babe), he was still 1 1/2 to 2 lengths off the gate at the start of the race.

In respect to penalty, he recommended a monetary penalty as guided by the JCA guidelines and advised that Mr Anderson had not previously appeared on a breach of this Rule.

In his submissions, Mr Anderson said he was a fair way back because his horse ‘sort of gallops out’ and he has to stay back and ‘chase her up’ and, when he got alongside Mr Davis (Blushing Babe) and Mr Jones (Asmooth Cap), he thought he was at the start because they were easing backwards. Acknowledging that he drew the outside, he said he tried to time it, and thought he was at the start when he drew alongside the others. He made no further comment.

In this case, Mr Anderson appears on a breach of Rule 857(7)(g) in that, as the driver of Silky Romance, he failed to come up into and/or maintain his position (at the start of race three). Mr Anderson admitted the breach.

The film showed that Mr Anderson was well back at the start. He had drawn the outside of the front line and clearly appeared to be pacing satisfactorily.

..2

I don’t accept that being nearly level with the other horses (referring to Mr Davis and Mr Jones, who were inside him), is sufficient to indicate he is on the gate. In regards Mr Davis, his situation was, I find, a little different in that he was clearly having some difficulty with his horse, and that did not appear to be the case with Mr Anderson.

As he is aware, his obligation is to be on the gate, not just level with other horses. There could be all sorts of reasons why other horses may not be up on the gate, and being level with them is not necessarily being up to the required position.

That, in my view and in determining penalty, provides some difference in the viewing of this matter to the afore-mentioned Davis case.

As previously referred to, a standard penalty for a breach under this Rule may be a fine in the order of $250.00. Giving credit for his admission, and having not previously appeared on a breach of this nature, Mr Anderson is fined the sum of $200.00.

P H Welch

Chairman

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hearing_type: Old Hearing

Rules: 857.7.g

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