NZ Metro TC – 30 June 2006 –

hearingid: b1cf2844ee49191cf3aee9ad301c4b50

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 30/06/2006

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 30 June 2006 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 4, the Christchurch Casino Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 869(8).

Following the running of Race 4, the Christchurch Casino Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mrs K. R. Williams alleging a breach of Rule 869(8). The information reads as follows.

"This is a protest against horse number (2) placed 1^st by the judge on the grounds of interference to horse number (18) Village Lord placed 7^th over the final stages."

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 K. M. Barron, the driver of Avoir De La (2), and the trainer and part owner of that horse, Miss H. Richardson. Also present was Mr K. D. Townley the driver of Village Lord (18).

Mr Townley gave evidence that towards the end of the race he was on the outside of Avoir De La when that horse moved through along the passing lane. He said that he was holding second and travelling in a straight line. When Avoir De La had put ? a length on him it "all of a sudden" came out and made contact with his horse which broke losing its chance.

Mr Barron said that he did not realise that his horse had moved out, as he was having to drive it with some vigour to get it to the front. After seeing the video coverage Mr Barron agreed that he had moved outwards, although he had not been aware at the time that he had come into contact with Mr Townley's horse.

Miss Richardson was asked if she wanted to give evidence, and she said that it was quite obvious from the videos what had happened.

After seeing the video coverage, and after hearing the evidence, I was satisfied that there had been interference by Avoir De La to Village Lord and that the interference resulted in Village Lord breaking and losing its chance. I also accepted the evidence of Mr Townley that his horse was holding 2^nd placing at the time and would most likely have finished in that placing.

For all the above reasons the protest was upheld. Mrs Williams asked that Avoir De La be relegated to 7^th place behind Village Lord. The amended places are as follows.

1^st ? Vin Diesel (5)

2^nd ? Wilson Jay (4)

3^rd ? Enchanter Franco (1)

4^th ? Waihemo Mike (3)

5^th ? Reigning Cullen (13)

6^th ? Village Lord (18)

JM Phelan

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: