NZ Metro TC – 7 April 2007 – Race 5

hearingid: aac04e111fc9224ed353253f4e6e4501

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 07/04/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 7 April 2007 - Race 5

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 5, the Honda Cars Christchurch Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr R. T. May the driver of "Charisteas" (9) alleging that Mr May had committed a breach of Rule 869(4)

Following the running of Race 5, the Honda Cars Christchurch Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr R. T. May the driver of "Charisteas" (9) alleging that Mr May had committed a breach of Rule 869(4). The charge reads as follows.

"I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that with 900m to run R. T. May (Charisteas) attempted to shift The Holmes Legend (G. Smith) down resulting in Charisteas breaking and losing all chance, after previously being shifted out 4 wide by The Holmes Legend."

Rule 869(4) reads as follows.

"No horseman nor any horse shall during any race do anything which

interferes or is likely to interfere with any other horseman and/or horse or its progress."

During the hearing the "Easing Down" Regulation was referred to, and

this Regulation provides as follows.

"Subject to Rule 869(3) Careless Driving, 869(4) Causing interference, horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a "clear advantage" over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.

Easing down applies during the final 1,000 metres, regardless of margin so long as it does not cause interference.

Any horseman who fails to concede when not in a position to maintain his/her place, may be charged under Rule 869(3) Careless Driving."

Mr May had indicated on the information that he did not admit the

breach of this rule, and he confirmed this at the hearing.

Stipendiary Steward Mr Williams used video coverage of the race to show that Mr Smith had been able to move Mr May four wide just prior to entering the back straight for the final time. Mr Williams said that this manoeuvre had been completed in a gradual and acceptable manner. On entering the back straight Mr May had attempted to move Mr Smith back down, and it could be seen that Mr May had his horses's head turned inwards. In making this attempt Mr May's horse broke losing all chance.

Mr Escott said that the videos showed that Mr May could not move Mr Smith back down, as by this stage of the race Mr Smith had another horse inside him, and there was therefore no room.

Mr May gave evidence that the original pushing out by Mr Smith was marginal. He also said that once he was four wide his chances were affected and he needed to be in the three wide line to have any chance in the race. He also said that it was a 50/50 call. Mr May did agree that he had locked wheels with Mr Smith's horse at one stage.

We retired to consider our decision. On returning to the Enquiry Room we advised that a full written decision would be given later, and we gave the following oral decision.

"Having seen the videos, and having heard the evidence we find that G. Smith, driving "The Holmes Legend", pushed R. May ("Charisteas") out into the four wide line in a gradual and acceptable manner. At the time the two horses were on about level terms.

At about the 900 metre mark, on turning into the back straight, we could see that Mr May was four wide with his head turned inwards. We find that Mr May was trying to push Mr Smith back down. Mr May did not have an advantage over Mr Smith as required by the "Easing Down" Regulation, and there was a horse on Mr Smith's inside.

As a result of this "Charisteas" broke and lost its chance. Mr May accepted he probably locked wheels with Mr Smith's horse.

It was Mr May's defence to this charge that it was a 50/50 situation, and that he was entitled to try and push Mr Smith down.

We do not accept Mr May's defence, and find that Mr May caused his own horse to break. The charge is proved."

We adjourned to consider the matter of penalty, and on returning to the Enquiry Room gave the following decision.

"We have looked at previous penalties and find they range, for non-premier races, is between $200-00 and $400-00. We take particular note of Mr May's good driving record and he is fined the sum of $300-00.

Chairman

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.4, 869.3

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 4d6ab96fb2045ffba3689bab3b959533

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 5

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 4531da03b2b43b2f7cf95c430f552e2d

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 07/04/2007

meet_title: NZ Metro TC - 7 April 2007

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair:

meet_pm1:

meet_pm2:

name: NZ Metro TC