NZ Metro TC – 13 November 2007 – Race 4

hearingid: d19da8b92c13bfdef8e4f3406d9ad8fa

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hearing_racingtype: harness-racing

startdate: 13/11/2007

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decisiondate: no date provided

hearing_title: NZ Metro TC - 13 November 2007 - Race 4

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Following the running of Race 4, the Firestone Free-For-All, an information instigating a protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8). The information reads as follows.

"This is a protest by horse number (7) placed 9^th by the Judge against horse number (5) placed 4^th by the Judge, on the grounds of interference

Following the running of Race 4, the Firestone Free-For-All, an information instigating a protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8). The information reads as follows.

"This is a protest by horse number (7) placed 9^th by the Judge against horse number (5) placed 4^th by the Judge, on the grounds of interference. The interference occurred approx. 200m from the finish."

Rule 869(8) reads as follows.

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

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1. may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
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2. 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.

Present at the hearing were Mr A. M. Butt who was the driver of REPORT FOR DUTY, and Mr R. D. Holmes the driver of PRESIDO. Both drivers advised that they represented the interests of the connections of their respective horses.

Video coverage of the incident was shown to illustrate that Mr Holmes had moved outwards with PRESIDO with about 200 metres to run, and in doing so had caused some interference to REPORT FOR DUTY, which at that time was racing on its outside. This movement was very small.

Mr Butt gave evidence that he was making a run four wide when this incident occurred. He said that Mr Holmes was inside him when he (Mr Holmes) moved out and there was slight contact which was enough to put his horse off his stride for a stride or two. Mr Butt also said that he might have lost about 2 lengths because of this incident. Later Mr Butt said that "it was debatable" whether this incident had prevented him from finishing in a stake bearing place.

Mr Holmes accepted that he had caused slight interference to REPORT FOR DUTY, but disputed that this interference had resulted in that horse losing its chance of finishing a stake bearing place.

It was also established at the hearing that the official margin between 4^th and 9^th was 2 lengths.

We then adjourned the hearing to consider our decision. We were satisfied that there was minor interference when PRESIDO shifted out slightly. We were also satisfied that this interference occurred at about the 200 metre mark and that Mr Butt doubted that he would have finished in a stake bearing place. In order to uphold the protest we needed to be satisfied that REPORT FOR DUTY had been deprived of a chance to finish in the first five places. We were not so satisfied and therefore decided to dismiss the protest.

On returning to the Enquiry Room we advised the parties that a full written decision would be given later, and we gave the following oral decision.

"Having heard the evidence and having seen the video coverage we are satisfied that with about 200 metres to run PRESIDO moved out slightly and interfered with REPORT FOR DUTY which lost about two lengths as a result".

From the evidence we are not satisfied that REPORT FOR DUTY would have finished in a stake bearing place. We base this decision on Mr Butt’s assessment of the situation, and the protest is dismissed."

J. M. Phelan

Chairman

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hearing_type: Old Hearing

Rules: 869.8

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raceid: abd676344bd7595ea53a345f2c8e136e

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racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 4

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meetid: a389fa0f440d5f6e141305e81f436950

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meetdate: 13/11/2007

meet_title: NZ Metro TC - 13 November 2007

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tracklocation: nz-metro-tc

meet_racingtype: harness-racing

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name: NZ Metro TC