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NZ Metro TC – 29 July 2005 –

ID: JCA19979

Hearing Type:
Old Hearing

Rules:
869.8, 868.7A.a

Hearing Type (Code):
harness-racing

Decision: --

Following the running of Race 7, the CB Richard Ellis Ltd Mobile Pace, an Information instigating a Protest was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 869(8) and (7A)(a), (b) and (c) and the "Track Marker" Regulations.



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--

DECISION AND REASONS:

--

Following the running of Race 7, the CB Richard Ellis Ltd Mobile Pace, an Information instigating a Protest was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 869(8) and (7A)(a), (b) and (c) and the "Track Marker" Regulations. The information reads as follows.

------

"This is a protest against horse number (12) placed second by the judge on the grounds of Rules 869(8) and (7A), (a), (b) and (c) and Track Marker Regulations"

--

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. --
    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.

--

Clause 6 of the "Track Markers" Regulation reads as follows.

--

"6. All horses in a race conducted on a track where track markers are used are required at all times to race on the outside of those markers."

--

It should also be mentioned that Rule 868(7A)(a) and (b) provides that

--

every horseman who moves inwards shall ensure that contact is not made with a track marker and that any part of the sulky does not protrude inside the marker line.

--

Mr M. R. Hay attended this hearing along with the horse's trainer, Mr J. C. Hay, although Mr J. C. Hay left the hearing a short time after it started. Mr Hay said that he represented the interests of the owner who was not present.

--

Mrs Williams gave evidence and used video coverage to show that Roland Garros was positioned back in the field, and on the marker line, just prior to entering the home straight for the final time. At this time the sulky wheel of Roland Gaross was seen to go inside three or four track markers and then strike one. The horse then ran on and finished in second place. Mrs Williams said that Roland Gaross had gained an advantage on the rest of the field by breaking the rules and that it should be disqualified.

--

Mr Hay gave evidence and he did not dispute that his sulky wheel had run inside the track markers as alleged. My Hay did not dispute that his horse should be disqualified. He explained that he had been looking for a run at the time.

--

Accordingly Roland Gaross is disqualified. The amended places are as follows.

--

1st ? Irish Legacy (2)

--

2nd ? Twig And Berries (10)

--

3rd ? Black Washout (8)

--

4th ? Vicolodance (4)

--

5th ? Steam Machine (5)

--

6th ? Badlands Chief (14)

--

--

--

--

 

--

Chairman

--

 

--

 

--

Decision Date: 29/07/2005

Publish Date: 29/07/2005

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 5983ff30a96b0eec69f80abefeabeab1

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 29/07/2005

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 29 July 2005 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

--

Following the running of Race 7, the CB Richard Ellis Ltd Mobile Pace, an Information instigating a Protest was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 869(8) and (7A)(a), (b) and (c) and the "Track Marker" Regulations.



----------
--

DECISION AND REASONS:

--

Following the running of Race 7, the CB Richard Ellis Ltd Mobile Pace, an Information instigating a Protest was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 869(8) and (7A)(a), (b) and (c) and the "Track Marker" Regulations. The information reads as follows.

------

"This is a protest against horse number (12) placed second by the judge on the grounds of Rules 869(8) and (7A), (a), (b) and (c) and Track Marker Regulations"

--

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. --
  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.

--

Clause 6 of the "Track Markers" Regulation reads as follows.

--

"6. All horses in a race conducted on a track where track markers are used are required at all times to race on the outside of those markers."

--

It should also be mentioned that Rule 868(7A)(a) and (b) provides that

--

every horseman who moves inwards shall ensure that contact is not made with a track marker and that any part of the sulky does not protrude inside the marker line.

--

Mr M. R. Hay attended this hearing along with the horse's trainer, Mr J. C. Hay, although Mr J. C. Hay left the hearing a short time after it started. Mr Hay said that he represented the interests of the owner who was not present.

--

Mrs Williams gave evidence and used video coverage to show that Roland Garros was positioned back in the field, and on the marker line, just prior to entering the home straight for the final time. At this time the sulky wheel of Roland Gaross was seen to go inside three or four track markers and then strike one. The horse then ran on and finished in second place. Mrs Williams said that Roland Gaross had gained an advantage on the rest of the field by breaking the rules and that it should be disqualified.

--

Mr Hay gave evidence and he did not dispute that his sulky wheel had run inside the track markers as alleged. My Hay did not dispute that his horse should be disqualified. He explained that he had been looking for a run at the time.

--

Accordingly Roland Gaross is disqualified. The amended places are as follows.

--

1st ? Irish Legacy (2)

--

2nd ? Twig And Berries (10)

--

3rd ? Black Washout (8)

--

4th ? Vicolodance (4)

--

5th ? Steam Machine (5)

--

6th ? Badlands Chief (14)

--

--

--

--

 

--

Chairman

--

 

--

 

--

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.8, 868.7A.a

Informant:

JockeysandTrainer:

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Respondent:

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