Archive Decision

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Taranaki TC – 19 April 2009 –

ID: JCA20395

Hearing Type:
Old Hearing

Rules:
869.4

Hearing Type (Code):
harness-racing

Decision:

The protest under Rule 869 concerns horse Number 10 CRACKER placed 10th by the Judge and horse Number 6 HEEZA ENDENGLASSIE placed 4th by the Judge.  The respective horsemen were CRACKER: P Ferguson and HEEZA ENDENGLASSIE: Z Butcher.

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The protest under Rule 869 concerns horse Number 10 CRACKER placed 10th by the Judge and horse Number 6 HEEZA ENDENGLASSIE placed 4th by the Judge.  The respective horsemen were CRACKER: P Ferguson and HEEZA ENDENGLASSIE: Z Butcher.

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Present at the hearing were Z Butcher (Junior Horseman) the driver of HEEZA ENDENGLASSIE that horse’s Trainer and Part Owner Miss CF Cox.  P Fergusson driver of CRACKER and Mr T MacFarlane who was present to look after the interests of Mr Butcher a Junior Horseman.

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Mr Muirhead told the Committee when TITAN SUN was easing back after breaking from its gait, Mr Butcher the driver of HEEZA ENDENGLASSIE  who was immediately behind TITAN SUN instead of easing back elected to go out causing a check to CRACKER (P Ferguson) when the two horse’s sulkies locked wheels this caused CRACKER to brake and lose any chance it may have had.

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Mr Muirhead then demonstrated the alleged incident by way of headon and sideon films.  The films clearly showed Mr Butcher move off the back of TITAN SUN  and into the line of CRACKER who  subsequently broke and was retrained back through the field eventually finishing  in 10th place.

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Mr Butcher nor Mr McFarlane had any questions of Mr Muirhead, nor did they wish to put their interpretation of the films shown.

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Mr Fergusson the driver of CRACKER confirmed to the Committee that it was Mr Butcher’s horse coming out onto his horse that caused his horse to break and go back through the field, he did add however that after he had called to Mr Butcher that he (Mr Butcher) had tried to go inwards.

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Miss Cox had no questions of Mr Fergusson when given the opportunity to do so.  Miss Cox for her part felt her horse was running home well and felt the other horse CRACKER was not that badly effected.

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In summing up Mr Muirhead told the Committee that even when a horseman is in an awkward situation because of a horse galloping in front of him he should ease back with that horse, if he elects to move off that horse’s back he must do so without interfering with any other horses.  Refer Rule 869(4).

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DECISION AND REASON
The Committee having carefully considered all of the evidence both verbal and the films shown to them were of the view that HEEZA ENDENGLASSIE should be placed immediately behind CRACKER because he (HEEZA ENDENGLASSIE) had by moving out onto CRACKER caused that horse to break from it gait and have to be restrained back through the field, losing any chance of a placing.

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They therefore used their discretionary power and placed HEEZA ENDENGLASSIE immediately behind CRACKER.

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The amended placing are: 
 1st horse 9 ROCKIN BRIE
 2ND horse 3 LADY BOYZ
 3rd horse 7 SHEZADORABIL
 4th horse 12 DREAMWEAVER.  Promoted from 5th.
 5th horse 11 RB GILL.  Promoted from 6th
 6th horse 5 SCHNAPPER SMILE.  Promoted from 7th

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BP Holland
Chairman

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13277

Decision Date: 19/04/2009

Publish Date: 19/04/2009

JCA Decision Fields (raw)

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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 7cde271cd63077f771857a729191bf8a


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 19/04/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Taranaki TC - 19 April 2009 -


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The protest under Rule 869 concerns horse Number 10 CRACKER placed 10th by the Judge and horse Number 6 HEEZA ENDENGLASSIE placed 4th by the Judge.  The respective horsemen were CRACKER: P Ferguson and HEEZA ENDENGLASSIE: Z Butcher.

--

 



The protest under Rule 869 concerns horse Number 10 CRACKER placed 10th by the Judge and horse Number 6 HEEZA ENDENGLASSIE placed 4th by the Judge.  The respective horsemen were CRACKER: P Ferguson and HEEZA ENDENGLASSIE: Z Butcher.

--

Present at the hearing were Z Butcher (Junior Horseman) the driver of HEEZA ENDENGLASSIE that horse’s Trainer and Part Owner Miss CF Cox.  P Fergusson driver of CRACKER and Mr T MacFarlane who was present to look after the interests of Mr Butcher a Junior Horseman.

--

Mr Muirhead told the Committee when TITAN SUN was easing back after breaking from its gait, Mr Butcher the driver of HEEZA ENDENGLASSIE  who was immediately behind TITAN SUN instead of easing back elected to go out causing a check to CRACKER (P Ferguson) when the two horse’s sulkies locked wheels this caused CRACKER to brake and lose any chance it may have had.

--

Mr Muirhead then demonstrated the alleged incident by way of headon and sideon films.  The films clearly showed Mr Butcher move off the back of TITAN SUN  and into the line of CRACKER who  subsequently broke and was retrained back through the field eventually finishing  in 10th place.

--

Mr Butcher nor Mr McFarlane had any questions of Mr Muirhead, nor did they wish to put their interpretation of the films shown.

--

Mr Fergusson the driver of CRACKER confirmed to the Committee that it was Mr Butcher’s horse coming out onto his horse that caused his horse to break and go back through the field, he did add however that after he had called to Mr Butcher that he (Mr Butcher) had tried to go inwards.

--

Miss Cox had no questions of Mr Fergusson when given the opportunity to do so.  Miss Cox for her part felt her horse was running home well and felt the other horse CRACKER was not that badly effected.

--

In summing up Mr Muirhead told the Committee that even when a horseman is in an awkward situation because of a horse galloping in front of him he should ease back with that horse, if he elects to move off that horse’s back he must do so without interfering with any other horses.  Refer Rule 869(4).

--

DECISION AND REASON
The Committee having carefully considered all of the evidence both verbal and the films shown to them were of the view that HEEZA ENDENGLASSIE should be placed immediately behind CRACKER because he (HEEZA ENDENGLASSIE) had by moving out onto CRACKER caused that horse to break from it gait and have to be restrained back through the field, losing any chance of a placing.

--

They therefore used their discretionary power and placed HEEZA ENDENGLASSIE immediately behind CRACKER.

--

The amended placing are: 
 1st horse 9 ROCKIN BRIE
 2ND horse 3 LADY BOYZ
 3rd horse 7 SHEZADORABIL
 4th horse 12 DREAMWEAVER.  Promoted from 5th.
 5th horse 11 RB GILL.  Promoted from 6th
 6th horse 5 SCHNAPPER SMILE.  Promoted from 7th

--


BP Holland
Chairman

--

13277


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Rules: 869.4


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