NZ Metro TC – 2 May 2008 – Race 2

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hearing_racingtype: harness-racing

startdate: 02/05/2008

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decisiondate: no date provided

hearing_title: NZ Metro TC - 2 May 2008 - Race 2

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Decision:

Following the running of Race 2, the Robbie’s Bar & Bistro Yaldhurst & New Brighton Handicap Trot, an information was laid by Stipendiary Steward Mr Ydgren against Mr T. M. McMillan, the driver of “Begin” (17), alleging a breach of Rule 869(5), the “half carting” rule.

DECISION AND REASONS:

Following the running of Race 2, the Robbie’s Bar & Bistro Yaldhurst & New Brighton Handicap Trot, an information was laid by Stipendiary Steward Mr Ydgren against Mr T. M. McMillan, the driver of “Begin” (17), alleging a breach of Rule 869(5), the “half carting” rule.

The charge reads as follows.

“I the abovenamed Informant allege that the abovenamed Defendant committed a breach of Rule 869(5) in that Mr McMillan raced on a  wheel (half carting) for approx. 400m from the 1000m mark whilst driving Begin.”

Rule 869(5) reads as follows.

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

Mr McMillan had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing.  Mr McMillan also agreed that he understood the Rule and the charge.

Stipendiary Steward Mr B. Williams used video coverage of the race to show where it was alleged that Mr McMillan had failed to trail as required by the Rules. He pointed out that the “half carting” commenced at about the 1000 metre mark and continued for quite a distance along the back straight.  Eventually Mr McMillan did move out three wide, but prior to this the two horses behind him were not sure whether he was in or out and neither was trailing in their correct position for this reason.

Mr McMillan gave evidence that he did not believe that he had breached the

Rule, and that he was entitled to be where he was. He said that he did not want to be

“shut in” as his horse was inclined to pull if this happened. Mr McMillan also argued that he was not in fact “half carting”.

            At this stage of the hearing a race was due to start, and I advised the parties that the hearing would be adjourned.  Mr McMillan said that he did not want to return to continue the hearing, and that he would “leave it with you to do whatever you decide”.  I agreed that I would make my decision on the evidence I had already heard, and I adjourned to consider my decision. 

            In this case the evidence was quite clear that Mr McMillan had “half carted” as set out in the Information.  It was also quite clear, especially from the video coverage of the back straight, that Mr McMillan’s driving had inconvenienced the two horses directly behind him.  The object of this Rule is to prevent trailing horses having to move wider on the track than is necessary when making a passing movement.

            I add that this was the clearest case of a breach of the “half carting” Rule that I have seen.

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

            “Having seen the video coverage, and having heard the evidence, I am satisfied that with about 1150 metres to run Mr McMillan “half carted” on the wheel of “Enchant”.  On entering the back straight with about 900 metres to run Mr McMillan was still “half carting” and this continued for some distance.  I am satisfied this charge has been proved.”

Penalty: 

Mr Ydgren advised that Mr McMillan had a clear record, and recommended a fine of $250-00. I adjourned to consider the matter of penalty.

I was satisfied that a starting point for a fine for a breach of this Rule in ordinary circumstances, where the breach is admitted, would be a fine of $200-00.  In this case I was satisfied that this breach was at the higher end of the scale, and that trailing horses were adversely affected. For this reason I was satisfied that the fine should be more than $200-00.  Accordingly Mr McMillan was fined the sum of $250-00.

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J. M. Phelan

Chairman

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hearing_type: Old Hearing

Rules: 869.5

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StipendSteward:

raceid: 108ea1d5babf43b1b8c9238c438ff698

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race_title: Race 2

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meetdate: 02/05/2008

meet_title: NZ Metro TC - 2 May 2008

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name: NZ Metro TC