NZ Metro TC – 13 February 2009 –

hearingid: a762081d31d58a99d26639199b4f077d

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hearing_racingtype: harness-racing

startdate: 13/02/2009

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hearing_title: NZ Metro TC - 13 February 2009 -

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Following the running of Race 9, RRT- Murray Butt Memorial Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr M R Hay, alleging a breach of Rule 869 (5) in that, as the driver of MARIE WISHES in the Race, he “trailed the wheel of MYSTIC SUN for approximately 300 metres in the back straight inconveniencing the following runners.”

Following the running of Race 9, RRT- Murray Butt Memorial Handicap Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr M R Hay, alleging a breach of Rule 869 (5) in that, as the driver of MARIE WISHES in the Race, he “trailed the wheel of MYSTIC SUN for approximately 300 metres in the back straight inconveniencing the following runners.”

Mr Hay was present at the hearing of the information and did not admit the breach.

Rule 869 (5) provides as follows:

A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.

Mrs K R Williams, Stipendiary Steward, showed video replays of the relevant part of the Race – that is to say, between the 2000 and 1600 metres. She pointed out MARIE WISHES, driven by Mr Hay, trailing MYSTIC SUN (R T May) in 6^th position in single file. Mrs Williams alleged that Mr May was half-carting as was Mr Hay behind him. Mrs Williams alleged that this affected the horses behind them who were “restraining back” waiting to see what was happening. She disputed that Mr Hay was one-out and fully off the markers. Mrs Williams acknowledged that the head on camera angle was not a true head-on. She alleged that Mr Hay was “slightly outside” the wheel of Mr May’s sulky, but not fully out.

Mr Escott submitted that, had Messrs May and Hay established their positions outside of the wheel of the runner in front, then the runners behind would be able to progress but they were all off the pylons, their line having been dictated by Messrs May and Hay.

Mr Hay submitted that he was on the back of Mr May who did not know whether he was coming in or out. Mr Hay said that his mare ran in on the bends and out in the straights. Mr May was in his way and the problem was coming from there. The horse on the back of Mr Hay was in the same predicament, Mr Hay alleged. Mr Hay used the video replays and submitted that he was outside of the wheel of Mr May. The horses in front of him had all run out, Mr Hay submitted, and he had followed Mr May who was “half carting”. The horse following MARIE WISHES was doing the same thing, Mr Hay submitted.

The Stipendiary Stewards relied entirely on the video evidence, and their interpretation of it, in support of the charge. It was unfortunate that the video evidence was not conclusive one way or the other. The head-on footage was not a true head-on and was not filmed from a sufficient height to be entirely helpful to the Committee as to whether or not Mr Hay had half carted, as alleged. The video evidence was equally supportive of Mr Hay’s version of events or, at least, it raised sufficient doubt. Much of the evidence given by the Stipendiary Stewards was directed at the actions of Mr May. Of course, in dealing with the charge against Mr Hay, the Committee was concerned only with the driving of Mr Hay. What was clear was that the whole field was racing in an irregular formation during the relevant part of the Race and it was difficult to pinpoint why this was so or the cause of it. In any event, the Committee was not satisfied, on the evidence before it, that the charge of half carting against Mr Hay had been proved to the required standard of a balance of probabilities.

Accordingly, the charge against Mr Hay was dismissed.

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.5

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