NZ Metro TC – 13 November 2007 – Race 9

hearingid: 9a047da427eaa890cd6f65c036a185e3

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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 9

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Decision:

Following the running of Race 9, the Sharp Mobile Pace, an information instigating a protest was laid by Mr P. C. Ferguson, the driver of Mr Ricky (2) alleging a breach of Rule 869(8). The information reads as follows.

"This is a protest against horse number (10) placed 1^st by the judge on the grounds of interference to (2) [Mr Ricky] placed 2^nd."

Following the running of Race 9, the Sharp Mobile Pace, an information instigating a protest was laid by Mr P. C. Ferguson, the driver of Mr Ricky (2) alleging a breach of Rule 869(8). The information reads as follows.

"This is a protest against horse number (10) placed 1^st by the judge on the grounds of interference to (2) [Mr Ricky] placed 2^nd."

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 P. C. Ferguson who was the driver of MR RICKY, and he advised that he represented the connections of that horse. The driver (Mr J. R. Dunn), trainer (Mr R. J. Dunn), and owner (Mr I. D. Dobson) of CORKA DREAM all attended the hearing, with Mr J. R. Dunn speaking for all three.

Mr Ferguson gave evidence that in the straight there was contact made with his horse when CORKA DREAM moved inwards. Mr Ferguson used the head on video to show that the two horses had come close together about half way down the straight. Mr Ferguson said that CORKA DREAM had made contact with his horses back leg, which prevented him from driving his horse out. It was Mr Ferguson’s case that as the margin between 1^st and 2^nd was a nose, the winner should be relegated.

Mr J. R. Dunn gave evidence that any contact between CORKA DREAM and MR RICKY was very slight and would not have affected the result of the race. Mr Dunn also used video coverage to illustrate his evidence and pointed out that any contact that there might have been was very slight, in his opinion. It was also Mr Dunn’s evidence that Mr Ferguson’s horse had not been deprived of the opportunity to drive his horse out.

After hearing from Mr Ferguson and Mr Dunn, Chief Stipendiary Steward Mr Escott was given an opportunity to give his opinion regarding this protest. Mr Escott declined to make any comments.

We then adjourned the hearing to consider our decision. We were satisfied that there was at most very minor contact when CORKA DREAM shifted out very slightly. We were satisfied that whatever contact there was did not amount to interference, and that Mr Ferguson was able to drive his horse out to the finish. We reject Mr Ferguson’s evidence that he was prevented from driving his horse out.

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 towards the end of the race the two horses involved came very close together.

We are satisfied that there was at most a slight contact which had no affect on the result. The protest is dismissed."

J. M. Phelan

Chairman

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hearing_type: Old Hearing

Rules: 869.8

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raceid: ac3e5b597cca830d0ece0d904856440e

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racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 9

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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