Roxburgh TC – 5 January 2007 –

hearingid: ea582355f319c490b2d04a55efd1b17a

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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 Mr C Allison, stipendiary steward, filed 2 informations instigating protests into the 1st placing of LETSGO JACCKA (Mr A Beck) and the 2nd placing of NATURE FRANCO (Mr C Thornley), alleging that both horses had improved in the passing lane with approximately 1100 metres to run

After Race 9 Mr C Allison, stipendiary steward, filed 2 informations instigating protests into the 1st placing of LETSGO JACCKA (Mr A Beck) and the 2nd placing of NATURE FRANCO (Mr C Thornley), alleging that both horses had improved in the passing lane with approximately 1100 metres to run, thus gaining an advantage. Judge's placings were 5, 8, 9, 7 and 6. Margins were: 1 1/2 L, 1/2L and a nose. As the movements of LETSGO JACCKA and NATURE FRANCO followed immediately one upon the other, the Committee determined it was appropriate to consider both informations at the one time, but being aware that it would need to be satisfied that each horse had itself gained an advantage in breach of the rules before exercising its discretion to relegate or disqualify.

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 drivers Messrs A Beck, C Thornley and G Thomas (the driver of MY GIRL ANNE), the owners of LETSGO JACCKA Mr A Smaill & Mrs C Smaill, and Mr S McRae, trainer of NATURE FRANCO. Mr Thornley left the room during the course of the inquiry and Mr McRae represented the connections of NATURE FRANCO.

Mr Allison, with the aid of the head on video, demonstrated that Mr Thomas moved out slightly while leading when progressing down the home straight with a round to go. Mr Allison submitted that this is not unusual, and required the following horses to "trail up" behind. This did not happen on this occasion, according to Mr Allison, who alleged that Mr Beck improved well inside the passing lane pushing Mr Thomas into the parked position when he was in fact the lead horse. Mr Allison alleged that Mr Thornley followed Mr Beck's line also into the passing lane, in moving into a trailing position.

Mr Thomas was asked by Mr Allison to describe what happened as the field progressed up the home straight on the second last occasion. He said he was surprised to find Mr Beck's horse on his inner and in the passing lane. He said that he (via some strong language) invited Mr Beck to pull back. That did not happen. Mr Thomas said that he considered that Mr Thornley was left in "no man's land" with little option but to follow Mr Beck.

Mr Beck demonstrated via the head on video where he believed the alignment of the passing lane to be. He stated that the passing lane narrowed from a horse width at the top of the straight to nothing at the winning post. He demonstrated an imaginary line that defined the passing line according to his interpretation. He indicated that he did not cross that line, but rather took Mr Thomas' position when that driver moved out. He added that ?the passing lane peters out progressively?.

Mr Thornley, who had to leave the hearing prior to its conclusion to catch a flight north, stated that he felt the situation was caused by the alignment of the passing lane. "Halfway up the straight there is no passing lane", he said. He said he simply kept following the horse he was following and did not consider at the time that Mr Beck may have entered the passing lane.

Mr Smaill, a part-owner of LETSGO JACCKA, stated that Mr Beck did what he believed any professional driver should do to take advantage of the situation.

Mr McRae, the trainer of NATURE FRANCO, said that Mr Thornley had only a split-second to decide what to do, and in following LETSGO JACCKA he had made a sensible decision. He couldn't see what else Mr Thornley could do.

Mr Allison reiterated that horses are not entitled to improve via the passing lane. Mr Beck was, he said in a response to a question from the Chairman, clearly in the passing lane. The fault, he said, was with the horsemen. He confirmed the passing lane still existed at the winning post and said the passing lane at Roxburgh was no different to many others to be found at tracks around New Zealand.

When progressing up the home straight with a lap to run, Mr Thomas driving the leading horse MY GIRL ANNE drifted out slightly from the running line over a distance of some 40 to 50 metres. We estimate he moved out half a sulky width, no more. Mr Beck saw this as an opportunity to progress on the inner of Mr Thomas and did so. Unfortunately in so doing, Mr Beck moved into the passing lane. Mr Thomas could be seen on the video to be looking in Mr Beck's direction and apparently having words with him. Mr Thornley followed Mr Beck into the passing lane. There was nothing in the configuration of the recently installed passing lane that we believe contributed to either Mr Beck or Mr Thornley moving into it.

Having listened to all the evidence and viewing the videos we have concluded that the horses LETSGO JACCKA and NATURE FRANCO clearly improved their position by using the passing lane with more than a lap to run. We consider that LETSGO JACCKA benefited substantially relative to the rest of the field by assuming the lead while forcing MY GIRL ANNE wide, into the one out position, and that NATURE FRANCO benefited substantially by achieving a favourable trail behind LETSGO JACCKA. In other words, NATURE FRANCO improved from three back on the inner to two back, in the trail. Each horse thus improved its position in the field and they continued to race in these positions for much of the next lap. We believe that by utilising the passing lane, considerable advantage was gained by each horse in contravention of rule 869(8)(a) and reg 3 of the Passing Lane Regulations.

We therefore uphold the protests against both horses and, as an advantage was gained by each horse against every other horse in the race, we exercise our discretion to disqualify both LETSGO JACCKA and NATURE FRANCO.   The amended placings are: 9, 7, 6, 4, 2 and 1.

G Hall   Chairman

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Rules: 869.8, 869.3.f, 869.8.a

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