NZ Metro TC – 11 November 2005 – Race 2

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startdate: 11/11/2005

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decisiondate: no date provided

hearing_title: NZ Metro TC - 11 November 2005 - Race 2

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Following the running of Race 2, Win A Trip to Anaheim With Air New Zealand and Orbit Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr D M Balle, alleging that Mr Balle, as the driver of WHAT EVER YOU LIKE in the race, "drove in a manner causing and likely to cause interference

Following the running of Race 2, Win A Trip to Anaheim With Air New Zealand and Orbit Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr D M Balle, alleging that Mr Balle, as the driver of WHAT EVER YOU LIKE in the race, "drove in a manner causing and likely to cause interference when moving off the back of the breaking horse, NEW YEAR WHIZ (M P Edmonds) resulting in several horses breaking and losing all chance."

Mr Balle admitted the breach.

Mr McIntyre sought leave to rely on the evidence adduced at the earlier protest hearing.

In relation to penalty, Mr McIntyre submitted that there were mitigating circumstances and Mr Balle had "very few options" with regard to the horse breaking in front of him. However, the Stipendiary Stewards felt that Mr Balle had taken the wrong option by shifting out. The chances of the other runners were thereby extinguished. He submitted that this case was at the lower to middle range of causing interference and he recommended a fine of $350-400. It was a $20,000 race on a premier day. Mr Balle had no previous breaches involving interference

Mr Balle submitted that, if Mr Edmonds had not restrained so quickly, all other drivers would have had room to get around him. If he had stayed on Mr Edmonds' back, his horse would have galloped anyway. It all happened so quickly. He indicated that he would prefer a fine to a suspension.

The Committee, following a brief deliberation, delivered the following oral decision in relation to penalty:

"The Committee has deliberated on this one following submissions from both of you. It is a somewhat unusual case. In arriving at penalty, we have taken into account, firstly Mr Balle, your very frank admission of the breach and, also, the very frank manner in which you conceded the interference at the protest hearing. We have taken into account your good record as it has been put to us and, probably most important of all, we have taken into account that, certainly, Mr Edmonds' horse did contribute to this incident. Whether or not it could have been avoided completely, we do not know and we do not have to determine that. Certainly, we accept that that horse did contribute and put you in a position where you had to make a snap decision and, you have conceded, you made the wrong one. Taking all matters into account, we have decided that you will be fined the sum of $300."

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hearing_type: Old Hearing

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raceid: f02942d5b4789db9b49856953552deeb

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race_title: Race 2

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meetdate: 11/11/2005

meet_title: NZ Metro TC - 11 November 2005

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tracklocation: nz-metro-tc

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name: NZ Metro TC