NZ Metro TC – 21 September 2007 –

hearingid: 8ea8f9fafe72773e0e365cd93611175f

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hearing_racingtype: harness-racing

startdate: 21/09/2007

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hearing_title: NZ Metro TC - 21 September 2007 -

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Following the running of Race 3, the ?Pegasus Spur? Standing At Woodlands Stud Handicap Trot, an information was laid by Stipendiary Steward Mrs K. R. Williams against Mr D. G. McCormick alleging a breach of Rule 869(3)(f).

Following the running of Race 3, the ?Pegasus Spur? Standing At Woodlands Stud Handicap Trot, an information was laid by Stipendiary Steward Mrs K. R. Williams against Mr D. G. McCormick alleging a breach of Rule 869(3)(f). The charge reads as follows.

"I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(f) in that Mr McCormick (Doug) drove improperly when moving out rounding the final bend on JACKPOT GOLD which allowed the other horse he trained in the race SHEZADORABIL a run on his inside."

Rule 869(3)(f) reads as follows.

"No horseman in any race shall drive improperly."

Mr McCormick had indicated on the information that he did not admit this

breach of the Rules and he confirmed this at the hearing. Mr McCormick also agreed that he understood the Rule and the nature of the charge.

Mrs Williams gave evidence that Mr McCormick was in the lead with JACKPOT GOLD when entering the home straight for the last time, with his other stable runner SHEZADORABIL in the trail. At this stage Mr McCormick was seen to allow his horse to move off the marker line, and 30 ? 40 metres before the passing lane SHEZADORABIL had enough room to pass him on the inside. Mrs Williams said the actions of Mr McCormick were in the past called "team driving", and that it was the Stipendiary Stewards' case that this was improper driving in that through Mr McCormick's actions SHEZADORABIL had gained an advantage over the other runners in the race.

Stipendiary Steward Mr B. Williams used video coverage of this incident to illustrate what had happened. Mr Williams also pointed out that Mr McCormick appeared to make no discernible effort to keep his horse on the marker line and also pushed DAZZLE EYRE wider on the track.

Stipendiary Steward Mr N. Ydgren gave evidence that he viewed this race from the top of the front straight. He said that he was not taking particular notice of Mr McCormick, but that it quickly became obvious to him what had happened.

Mr McCormick was given an opportunity to ask the Stipendiary Stewards questions but he declined to do so.

Mr McCormick gave evidence that when approaching the home bend his horse was throwing its head about and was under pressure. It was Mr McCormick's case that his horse was running about and that this was the cause of his horse running out. Mr McCormick denied that he had moved out deliberately to allow his other stable runner room on the inside.

After hearing the evidence I adjourned to consider my decision.

This charge relates to driving improperly and "improperly" is defined in the Concise Oxford Dictionary as meaning "not in accordance with accepted rules of behaviour".

I was satisfied that Mr McCormick was aware that SHEZADORABIL was in the trail and that he allowed his horse to move off the marker line, making no effort to keep it there. The result of Mr McCormick's actions was that SHEZADORABIL (which he also trains) was able to pass him on the inside about 30 ? 40 metres before she would usually be entitled to.

Mr McCormick had a responsibility to keep his horse on the marker line and I did not accept that it was the horse that caused the problem. I also accepted the Stipendiary Stewards' case that Mr McCormick's actions gave SHEZADORABIL an advantage over the other horses in the race. Mr McCormick's driving came within the meaning of "improperly" and I was satisfied that the charge had been proved.

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

"Having seen the video coverage and having heard the evidence I am satisfied that Mr McCormick led with JACKPOT GOLD for most of the race with the other stable runner, SHEZADORABIL in the trail.

On rounding the home bend for the final time Mr McCormick appeared to allow his horse to move off the marker line with the result that SHEZADORABIL was able to have an unimpeded run about 30 ? 40 metres before the passing lane became available.

Mr McCormick said his horse was running around under pressure and this was disputed by the Stipendiary Stewards.

I am satisfied that Mr McCormick had a responsibility to keep his horse on the marker line. He failed to do so, and I do not accept that the horse caused the problem. I find the charge proved."

Mr McCormick made submissions and said he considered a suspension of 3 months to be excessive.

I was aware that there was a very similar case involving Rule 869(3)(f) (almost identical) namely HRNZ v. Kyle, where Mr Kyle had been suspended for three weeks after a race day hearing. HRNZ had appealed and the Appeals Tribunal had increased the suspension to five weeks.

I was satisfied that to be consistent Mr McCormick should be suspended for five weeks. Mr McCormick was therefore suspended from after the completion of racing on 23 September 2007 until after the completion of racing on 26 October 2007.

J. M. Phelan

Chairman

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hearing_type: Old Hearing

Rules: 869.3.f

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