NZ Metro TC – 10 November 2009 – Race 9

hearingid: 5346d917fdf559c7f956cb8ad1072950

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hearing_racingtype: harness-racing

startdate: 10/11/2009

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hearing_title: NZ Metro TC - 10 November 2009 - Race 9

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Following the running of Race 9, Stewart Dawson’s Jewellers Handicap Trot, an information instigating a protest was filed by Licensed Public Trainer/Open Horseman, Mr D D Nyhan, the trainer/driver of WITH INTENT, placed 4th by the judge, against MAKAREWA SUN (K M Barron), placed 3rd by the judge, on the grounds of interference in that in the final stages of the race MAKAREWA SUN shifted in causing WITH INTENT to lose 3RD placing.

Following the running of Race 9, Stewart Dawson’s Jewellers Handicap Trot, an information instigating a protest was filed by Licensed Public Trainer/Open Horseman, Mr D D Nyhan, the trainer/driver of WITH INTENT, placed 4th by the judge, against MAKAREWA SUN (K M Barron), placed 3rd by the judge, on the grounds of interference in that in the final stages of the race MAKAREWA SUN shifted in causing WITH INTENT to lose 3RD placing.

The official margin between 3rd and 4th was a nose.

Mr Barron was present at the hearing of the information and indicated that he was representing the connections of MAKAREWA SUN.

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.

Mr Nyhan referred to the video replay of the final stages of the Race. He alleged that WITH INTENT was in 3rd placing when MAKAREWA SUN, on its outside, moved inwards and caught the sulky stay of WITH INTENT, which stopped that mare’s momentum and then pushed her further in.  This took place prior to the final marker before the finishing line which, Mr McIntyre informed the Committee, was 13.9 metres from the finishing line. 

Mr Barron stated that the video clearly showed that his horse had run in under pressure. He had attempted to straighten it . While the carts of the two horses did touch, Mr Nyhan had not stopped driving WITH INTENT. Mr Barron believed that he was hitting 3rd placing right on the last marker and, had his horse not run in, it would have beaten WITH INTENT by a greater margin. WITH INTENT had turned for home 2 lengths in front of MAKAREWA SUN who had run her down in the straight. The Committee was shown the video replay of the finish from the straight entrance.

Mr Nyhan alleged that the stay of MAKAREWA SUN went in front of WITH INTENT’s which meant that the mare could not progress forward. She had also been pushed in a quarter of a cart from the last marker, he alleged.

Mr Barron said that most of the movement was either right on, or even after the finishing line. He submitted that it did not affect the placings. Mr Nyhan disputed that and maintained that the interference had taken place at least a marker before the finishing line.

Chief Stipendiary Steward, Mr N R Escott, who had been present throughout the hearing, was asked for his views on what had taken place.  He said that, during a race, there was contact with sulkies and there was contact on this occasion. However, Mr Nyhan did not stop driving his mare forward. The real contact was right on or shortly after the post, Mr Escott said.

The Committee had to be satisfied, firstly, that there was interference to WITH INTENT by MAKAREWA SUN. In this regard, there was clearly an inwards movement by the latter close to the finishing line. This was conceded by Mr Barron. Furthermore, there was contact between the sulkies of the two horses. This was apparent from the head-on video replay. However, the Committee was not satisfied that that contact amounted to interference. As was pointed out by both Mr Barron and Mr Escott, Mr Nyhan was able to continue driving his mare to the finishing line. The Committee attached considerable importance to this as it did to the fact, which we find was clearly established by the video replay, that MAKAREWA SUN had made ground on, and was continuing to make ground on, WITH INTENT during the whole of the run home.

The Committee was not satisfied either that there had been interference or that WITH INTENT would, in any event, have beaten MAKAREWA SUN. The Committee was not satisfied that the progress or chance of WITH INTENT had been affected.

Accordingly, the protest was dismissed and the Committee ordered that the judge’s placings for the Race stand.
 

R G McKenzie             J M Phelan
CHAIRMAN                 Committee Member
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