NZ Metro TC – 24 August 2007 –

hearingid: 7907ca29a8b108d8a35fc31ff773e23c

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 24/08/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 24 August 2007 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 7, the Clark Boyce Lawyers Mobile Pace, an Information Instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8)

Following the running of Race 7, the Clark Boyce Lawyers Mobile Pace, an Information Instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(8). The information reads as follows.

"This is a protest by horse number (10) which fell against horse number (5) placed 1^st by the judge on the grounds of interference with approx. 200m to run."

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 Miss M. R. McIntyre, the driver of "Suzys Delight" (5), Mr M. P. Jones representing the trainer of "Suzys Delight" (Mr. B. R. Negus), and Mr M. J. Stratford a part owner of "Suzys Delight". Mr J. M. Gray the driver of "Lady Bess" (10) was also present and he represented the interests of the connections of that horse.

Mr Escott called Mr Gray to give evidence and this witness said that just prior to the home straight he had got his horse off the fence and was clicking his horse up through the gap when Miss McIntyre's horse came across and made contact with his horses legs. Mr Gray used video coverage to show what had happened. It was Mr Gray's evidence that Miss McIntryre had taken the corner too sharply. Mr Gray also said that he had no room inside him at the time of this incident.

Mr Jones asked Mr Gray several questions about his position in the field at the 400 metre mark. The thrust of these questions was to dispute that Mr Gray was in a clear gap when this incident occurred. Mr Gray was firm with his evidence that he was in a position he was entitled to be in when the interference took place.

Stipendiary Steward Mr McIntyre gave evidence that he viewed this race from the top of the front straight. He said that he had a clear and unobstructed view of the race, and that as the horses approached him Mr Gray was in the trail. When Miss McIntyre shifted out to follow Mr (Tim) Butt's horse this allowed Mr Gray to move off the fence into the vacant spot left by her. The witness also confirmed that there was no pressure on Miss McIntyre from the outside.

Mr McIntyre also said that Miss McIntyre's horse "?.hangs in ever so slightly and comes in contact with the offside leg of Mr Gray". It was also Mr McIntyre's evidence that Mr Gray was "clearly established" one off the fence when the incident occurred. Mr McIntyre also said that he agreed with Mr Gray's evidence as to what had happened.

Miss McIntyre gave evidence that she had run in "a little" but that Mr Gray was not going good enough. Miss McIntyre confirmed that her horse did run in a "fraction" and make contact with Mr Gray's horse.

Mr Stratford made submissions that Mr Gray did not have room to take his horse and cart through between Miss McIntyre and the horse on Mr Gray's inside. Mr Stratford also disputed that it was Miss McIntyre's movement that caused the contact, and believed that it was more likely that it was Mr Gray trying to enter a gap that was not big enough, and that Mr Gray should have taken hold of his horse at that stage. In summary it was Mr Stratford's submissions that there was never a gap available for Mr Gray to take, and that this had caused the contact to be made.

Mr Jones also said that he believed that there was not a sufficient gap available for Mr Gray.

I then adjourned to consider my decision. On returning to the Enquiry Room I advised the parties that a full written decision would be provided as soon as possible and gave the following oral decision.

"Having seen the video coverage and having heard all the evidence I am satisfied that there was, as alleged, interference to "Lady Bess" caused by "Suzy's Delight" and the protest is upheld and "Suzys Delight" is disqualified from first place."

My reasons for coming to this decision are as follows.

There was clear and unequivocal evidence from Mr Gray and Mr McIntyre that Mr Gray had moved off the fence and was in a gap two off the fence when the interference took place. Both said that it was an inwards movement from Miss McIntyre that caused contact to be made.

There was also an admission from Miss McIntyre that she had moved inwards a "little" or a "fraction".

Finally there was the evidence from the video coverage, and I was satisfied that this supported the evidence given by Mr Gray and Mr McIntyre.

The submissions made by Mr Jones and Mr Stratford, in summary, were that the problem was caused by Mr Gray moving into a gap that was not big enough for his horse and cart.

I preferred the evidence of Mr Gray and Mr McIntyre, and I rejected the submissions from the connections of "Lady Bess" that there was insufficient room for Mr Gray. For these reasons the protest was upheld. The amended places are as follows.

1^st ? Itsnotovertilitsover (6)

2^nd ? Last To Pass (11)

3^rd ? Lily Rush (8)

4^th ? Rarity Franco (2)

5^th ? Juluit (9)

6^th ? H Adour (7)

Chairman

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.8

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: