Roxburgh TC – 5 January 2007 –

hearingid: da5851251417d3b7f7efee77470030f0

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hearing_racingtype: harness-racing

startdate: 05/01/2007

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hearing_title: Roxburgh TC - 5 January 2007 -

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After Race 9, and following the disqualifications of LETSGO JACCKA and NATURE FRANCO, placed first and second respectively by the judge, Mr C Allison, stipendiary steward, instigated a protest against the 2nd placing (promoted) of No 7 VIVA LA CC

After Race 9, and following the disqualifications of LETSGO JACCKA and NATURE FRANCO, placed first and second respectively by the judge, Mr C Allison, stipendiary steward, instigated a protest against the 2nd placing (promoted) of No 7 VIVA LA CC (Mr R Swain) alleging that the horse had improved in the passing lane with approximately 1100 metres to run, thus gaining an advantage. Provisional amended placings were: 9, 7, 6, 4, 2 and 1. Mr Allison had indicated that a further protest was possible depending on the outcome of the first two protests, and filed the information immediately upon the Committee announcing the results of the inquiries into the first and second placings.

Passing lane regulation 3 states: ?except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position. Any horse which does so may be disqualified or relegated under Rule 869(8) and the horseman shall be in breach of Rule 869(3)(f)".

Rule 869(8) states that ?the Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof [in this case disqualification] place any horse which (a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this rule 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 driver Mr R Swain and trainer Mr M Swain, being the connections of VIVA LA CC.

Mr Allison, with the aid of the video, demonstrated that Mr Swain followed Mr Beck and Mr Thornley into the passing lane on entering the home straight with more than a round to go. Mr Allison volunteered that "in all fairness" Mr Swain was at the back of the field and remained there during this phase of the race. He also noted that Mr Swain had a horse immediately on his outside.

Mr M Swain and Mr R Swain both questioned whether there was anywhere else for VIVA LA CC to go. The options were to follow NATURE FRANCO's line or to move out in contravention of the "push out" rule. Mr M Swain also noted that VIVA LA CC had not improved its position from the tail of the field.

Having listened to all the evidence and viewing the videos we find that VIVA LA CC did move into the passing lane but, unlike the two runners in advance of it (LETSGO JACCKA and NATURE FRANCO), it was forced to take that line as a consequence of the horse on the outside of VIVA LA CC moving down to follow the newly established 2 wide line. In addition, VIVA LA CC remained at the rear of the field, on the inner, for much of the next lap. It did not improve its position and thus gained no advantage from moving into the passing lane. In these circumstances we dismiss the protest against the 2^nd placing of VIVA LA CC. The placings are confirmed as: 9, 7, 6, 4, 2 and 1.

G. Hall Chairman

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hearing_type: Old Hearing

Rules: 869.3.f, 869.8

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