NZ Metro TC – 14 July 2006 –

hearingid: 9577712e7dca5a23328127e21ef73b0c

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hearing_racingtype: harness-racing

startdate: 14/07/2006

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hearing_title: NZ Metro TC - 14 July 2006 -

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Following the running of Race 1, Ecoholdings Media Group Mobile Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr M P Edmonds, alleging that Mr Jones, as the driver of FASTA GEE GEE in the race, "drove in a manner likely to cause interference

Following the running of Race 1, Ecoholdings Media Group Mobile Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr M P Edmonds, alleging that Mr Jones, as the driver of FASTA GEE GEE in the race, "drove in a manner likely to cause interference when allowing FASTA GEE GEE to force ABRACADABRA (driven by C D Thornley) over pylons rounding the final bend".

Mr Edmonds did not admit the breach of the Rule.

Mr Escott called Mr Thornley to give evidence. He stated that Mr Edmonds' horse shifted over on top of him forcing him inside four pylons. He did not notice at the time whether Mr Edmonds was having difficulty driving his horse. Mr Edmonds was hitting his horse with the inside rein.

Mr McIntyre, Stipendiary Steward, showed the incident on video replays. He pointed out that Mr Thornley did have his horse's head round when initially striking the pylons but Mr Edmonds' horse tracked down in behind the leader, INSIST, while Mr Edmonds continued to drive the horse out. The horse's head turned in onto the back of the leader. As a result Mr Thornley, who was entitled to be in the trail following INSIST, had run out of room due to FASTA GEE GEE shifting in on top of him. FASTA GEE GEE had shifted in when Mr Edmonds had used his left hand to urge the horse.

Mr Edmonds stated that, coming round the bend, his drive was on one rein. He had hit it with the left hand rein in an effort to straighten it. He had also let its head go and it was then, after hitting it with the left rein, that it had ducked in. When Mr Thornley called out, Mr Edmonds said, he had pulled the horse back out again. He was unaware that Mr Thornley was already over the pylons. He could have pulled his horse out earlier had Mr Thornley called out earlier.

Following a deliberation, the Committee delivered the following oral decision:

"The Committee has listened to the evidence of the parties and has carefully viewed the video replays of the relevant part of the race. The Committee had earlier dismissed a protest against the 2^nd placing of ABRACADABRA having found that its sulky wheel moving inside the markers round the final bend was caused by interference from FASTA GEE GEE, driven by Mr Edmonds. Mr Edmonds has now been charged in relation to that incident. Mr Edmonds' defence to the charge was, essentially, that FASTA GEE GEE was on one rein rounding the final bend and that he was shaking the left-hand rein endeavouring to keep it from lugging in. Mr Edmonds admitted that FASTA GEE GEE had moved down but submitted that he took all reasonable efforts to prevent it from doing so. He said that, when Mr Thornley called to him, he took immediate corrective action. It was clear from Mr Thornley's evidence and from our own observations of the video replay that Mr Thornley had been forced over a number of markers. Mr Edmonds had an obligation to drive in a manner to ensure that no actual or likely interference was caused to another runner. Interference was caused in this instance, as we have already said, and the issue for the Committee is did Mr Edmonds take all reasonable measures to prevent that interference. The Committee finds that, on this occasion, he did not. Mr Edmonds has admitted that the horse was on one rein and, in those circumstances, he was required to take more positive steps to prevent interference to Mr Thornley's drive which was racing on the back of the leader where it was entitled to be. Mr Edmonds' horse shifted down almost onto the back of the leader and, in doing so, forced Mr Thornley's horse to run inside some 4-5 markers. The Committee believes that that could have been prevented had Mr Edmonds taken reasonable and proper steps to allow Mr Thornley's drive its rightful position. The Committee finds that the corrective measures that Mr Edmonds submitted he took to relieve the pressure on ABRACADABRA were not readily visible from a viewing of the video replays. Accordingly, the charge under Rule 869 (4) we find to be proved."

In relation to penalty, Mr Edmonds indicated that he preferred a suspension to a fine on this occasion but made no other submission.

Mr Escott submitted that the breach was at the lower end of the scale. He recommended that Mr Edmonds be suspended until after 28 July 2006 ? two meetings.

The Committee was satisfied that the penalty recommended for the breach was an appropriate one in this instance and Mr Edmonds' horseman's licence was suspended up to and including 28 July next.

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.4

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