NZ Metro TC – 23 June 2006 – Race 3

hearingid: 30a75434ff118631f813a6966e630a26

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 23/06/2006

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 23 June 2006 - Race 3

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 3, the Peter & Joan Cocks Mobile Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(8).

Following the running of Race 3, the Peter & Joan Cocks Mobile Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(8). The information reads as follows.

"This is a protest against horse number (9) placed 3^rd by the judge on the grounds of interference to horses number (11) placed 4^th and horse number (7) placed 6^th by the judge."

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:

------

--
1. may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
--
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 R. T. May the driver of Repertoire (9), Mr K. M. Barron the driver of Willie Five O (11) and Mr A. J. McPherson the driver of Silent Knight (6). Mr McIntyre advised that a call had been made to advise the connections of Repertoire of the protest, and Mr S. Ballantyne the trainer of that horse arrived during the hearing. Mr Ballantyne advised that he would represent the interests of the syndicate of owners.

Stipendiary Steward Mrs Williams used video coverage to show this incident. Inside the final 100 metres of the race it could be seen that Repertoire was moving inwards, at which time Mr May took corrective action that resulted in Repertoire ducking out sharply. Because of this movement Repertoire came into contact with Willie Five O causing that horse to break for a stride or two and lose ground. Willie Five O was running 4^th at the time it broke, but it recovered and finished in 4^th place 2? lengths from Repertoire.

Mr Barron gave evidence that at the time of the incident he was angling out from the fence to make his run when Repertoire "did a swerve" and caught his horse's front leg. Mr Barron was asked if he believed that he would have beaten Mr May and he said that he could not be sure as it was "close to home" when the incident occurred.

Mr McPherson gave evidence that he was driving Silent Knight which finished 6^th. He said that his horse was "hanging bad" and this was the main reason for it breaking late in the race, and he did not attribute the break to the actions of the other horses involved in the incident.

Mr May gave evidence that his horse had over reacted when he had taken corrective action. Mr May did not believe that Willie Five O would have beaten him.

After hearing the evidence we adjourned to consider our decision. We were satisfied that there was interference to Willie Five O within the last 100 metres of the race, and that this interference caused that horse to break for a stride or two and lose ground. After seeing the video coverage and hearing from the parties involved we decided that the incident occurred so close to the end of the race that we could be satisfied that Willie Five O would not have beaten Repertoire had the interference not occurred.

We were also satisfied that the breaking of Silent Knight was not caused by the movement of Repertoire.

Taking all the above matters into account we decided to exercise our discretion not to relegate Repertoire. On our return to the Enquiry Room we advised the parties that a full written decision would be completed later, and gave the following oral decision.

"Having heard the evidence and having seen the video coverage we are satisfied there was interference. We find that the 4^th horse Willie Five O suffered interference at about the 50 metre mark when angling out for a run. We also find that the interference did not result in Willie Five O being denied a chance to finish in a better placing, and the protest is dismissed."

JM Phelan

Chairman

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.8

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 9460810b4f8f776901e24209b23babe2

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 3

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 327fa3f2ec65aa258beec73e6a79ccf9

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 23/06/2006

meet_title: NZ Metro TC - 23 June 2006

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair:

meet_pm1:

meet_pm2:

name: NZ Metro TC