Rangiora HRC – 18 December 2005 –

hearingid: 7efc88d3a06f86296d86190576aa07c1

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hearing_racingtype: harness-racing

startdate: 18/12/2005

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hearing_title: Rangiora HRC - 18 December 2005 -

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Following the running of Race 2, Rangiora New World Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr D J Butt, alleging that Mr Butt, as the driver of MELISSA ROSE in the race, struck four pylons in the run home.

Following the running of Race 2, Rangiora New World Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr D J Butt, alleging that Mr Butt, as the driver of MELISSA ROSE in the race, struck four pylons in the run home.

Mr Butt did not admit the breach.

Mrs Williams sought leave to rely on the evidence adduced at the earlier protest hearing but made submissions in relation to the charge against Mr Butt. She submitted that Mr Butt's was not the first horse entitled to access to the passing lane. Mr Butt was permitted to go into the passing lane but had an obligation to ensure that he did not strike any markers. It was not apparent from the video that either THINK BIG or SIR VANDELL had moved down at all - if the former did, it was well after Mr Butt had struck a number of pylons, she submitted. He was required to take a hold of his horse rather than continue to drive it and strike pylons. Mrs Williams pointed out that, under Rule 869 (7A), it was a breach to make contact with any track marker, as opposed to the issue in the earlier protest hearing of whether the sulky wheel of MELISSA ROSE had gone inside the track marker line for a distance of more than 30 metres.

Mr Butt submitted that there was plenty of room for him to enter the passing lane initially but it got tighter resulting in him touching the outside of the markers. After Mr Court pulled his horse, THINK BIG, off over the last 40 metres, Mr Butt had plenty of room again. He said that this would have been clearly shown had a true head-on video replay been available. He did not drive his horse out when it was striking the markers, Mr Butt stated.

In determining whether the charge had been proved, the Committee faced the same problem that it had faced in the earlier protest hearing ? that is to say, the lack of a true head-on video replay of the run home. It was clear from the video evidence that contact was made with four pylons. Mr Butt's defence was based on the defence provided by Rule 869 (7B) that the contacting with the markers was attributable to the behaviour of his horse but, more specifically, to the other horse or horseman, THINK BIG (P T Court). The Committee accepted that, early in the run home MELISSA ROSE did appear to be in a gap with plenty of room and, for whatever reason, Mr Butt subsequently contacted the markers. The Committee noted from the video replays that the leader turning into the home straight, the eventual winner THINK BIG, was quite well out from the markers on turning into the straight which does tend to support Mr Butt's contention that there was sufficient room in the passing lane for him to improve into shortly thereafter. It may well be, as alleged by Mr Butt and confirmed by Mr Woodward during the protest hearing, that the contacting of the markers by Mr Butt was the result of some inward movement by the winner. This was difficult to establish on the video evidence available. There was, therefore, some doubt to the extent that the Committee could not be satisfied that the breach had been proved. Accordingly, the charge was dismissed.

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hearing_type: Old Hearing

Rules: 869.7A, 869.7B

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