hearingid: 3a6562ca7fcfe4c623027942d87b595f

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 07/04/2006

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 7 April 2006 - Race 8

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

DECISION AND REASONS:

          Following the running of Race 8, the Paul Renwick Kitchen & Joinery Free-For All, 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 (2) placed 11^th by the judge against horse number (8) placed 2^nd by the judge on the grounds of interference. Rounding the final bend Mi Michacho (P. Ferguson) paced rough and hung in checking Bella's Boy (M. House) resulting in Bella's Boy breaking.? 

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:

(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or

(b) 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 P. C. Ferguson the driver of Mi Muchacho (8) and Mr M. J. House the driver of Bella's Boy (2).  Mr Escott advised that a call had been made to advise the connections of Mi Michacho of the protest, but no one had appeared at the time that this hearing commenced.  Mr Ferguson agreed that he would represent the interests of the owners and trainer.

Stipendiary Steward Mr McIntyre used video coverage to show this incident.

Mr House gave evidence that rounding the home bend he was running down onto the markers himself and that he was running out of room due to his horse running away from Mr Ferguson's horse. This movement culminated in contact between Mi Muchacho's sulky wheel and his horse's hind leg.

Mr Escott asked Mr House how his horse was travelling at the time of this incident, and would it have finished in a dividend bearing place..  Mr House said that he believed that his horse ??.would have finished, say,  4^th or 5^th?

Mr McIntyre gave evidence that he viewed this race from the top of the straight and that Mr Ferguson was having difficulty with Mi Muchacho at about the 400m mark as it appeared to be ?pacing rough? and Mr Ferguson was trying to keep Mi Muchacho off Mr House as it was also hanging inwards.

Mr Ferguson agreed that there had been contact when Bella's Boy's back leg had touched his wheel.   When asked if he was having difficulty driving Mi Muchacho Mr Ferguson said that he was having ?immense? difficulty.

Mr Ferguson asked Mr House if his horse was hanging in before this

incident, and Mr House agreed that it was and that he was losing ground at that time.  Mr House also explained that his horse can lose ground for the last 50m of the bend, but that when he straightens up he would have held his ground. 

There was also further evidence from all the parties about the possible finishing position of Bella's Boy had there been no interference. 

After hearing the evidence we adjourned to consider our decision.

We find that Mr Ferguson was having difficulty with Mi Muchacho pacing roughly from about the 400m mark.  We also find that Bella's Boy was hanging inwards prior to this incident and losing ground.  It was agreed that Mi Muchacho was also hanging inwards and that there was contact made which caused Bella's Boy to break.

In relation to the possible finishing position of Bella's Boy we note that the official margins between the first four horses were a ? head, a short neck and a nose. The 5^th horse finished 2.3 lengths from the winner.

We heard a considerable amount of evidence about the possible finishing position of Bella's Boy.  Having heard this evidence and having seen the video coverage of this incident we are not satisfied that Bella's Boy would have finished in a stake bearing place;  i.e. in the first five places.  Rule 869(8) gives a Judicial Committee a discretion to place any horse which may have gained an advantage, by any conduct or interference etc., immediately after any horse over which it might have gained an advantage.

For all the above reasons we therefore decided to exercise our discretion in favour of Mi Muchacho and not to relegate that horse.

On returning to the Enquiry Room we were aware that Race 10 was about to start.  The parties were advised that a full written decision would be given later, and the following oral decision was given.

?Having heard the evidence and having seen the video coverage we are satisfied there was interference, and that's not denied. However, having regard to the margins at the finish and also the evidence we have heard we are not

satisfied that Bella's Boy would have finished in a stake bearing place and for this reason we are going to dismiss the protest.?

J.  M. Phelan

Chairman

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.8

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 5f8e6df54406305b71897ef1fc80130d

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 8

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 1ba149a27470374b0eeb52be463cb90f

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 07/04/2006

meet_title: NZ Metro TC - 7 April 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