Timaru HRC – 16 September 2007 –

hearingid: 97e9e6cfe1960819dc883cc71be3bb65

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hearing_racingtype: harness-racing

startdate: 16/09/2007

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hearing_title: Timaru HRC - 16 September 2007 -

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Following the running of Race 3, the ?Sands A Flyin? Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr B. J. Borcoskie, the driver of CRACKER KATE, (7) alleging a breach of Rule 857(7)(g)

Following the running of Race 3, the ?Sands A Flyin? Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr B. J. Borcoskie, the driver of CRACKER KATE, (7) alleging a breach of Rule 857(7)(g). The charge reads as follows.

"I the abovenamed informant allege that the abovenamed Defendant committed a breach Rule 857(7)(g) in that Mr Borcoskie failed to come up to his position behind the mobile while driving CRACKER KATE.

The rule reads as follows.

Mr Borcoskie had indicated on the information that he did not admit this breach of the rules and he confirmed this at the hearing. Mr Borcoskie also acknowledged that he understood the Rule and the nature of the charge.

Video coverage of the start of this mobile 2000 metre race was shown. Mr Borcoskie was drawn to start from gate (7) which was second from the outside of the front line. Evidence was given by Mr McIntyre that prior to the start Mr Borcoskie was up to the mobile arm, but he then allowed his horse to drift back and at the start of the race his horse was about 2 ? 3 lengths behind the mobile arm. Stipendiary Steward Mr Ydgren also illustrated by use of the videos that Mr Borcoskie made no discernible effort to have his horse in its correct position behind the mobile arm.

Mr Borcoskie gave evidence that he thought the mobile gate moved away quite quickly, and seemed to move more quickly than it did at Addington. Mr Borcoskie also said that he "took hold" of his horse as it put in a rough stride. Mr Borcoskie also said that the horses on the outside had trouble keeping up, but he did agree that the four inside horses had no trouble.

Mr Borcoskie agreed that he was "up there" early and that when she "paced rough" he took hold of her as he was concerned that she might break if he put pressure on. Mr Borcoskie was asked by the Committee to show on the front on video where his horse had been pacing roughly. After looking at this video Mr Borcoskie agreed that the video did not support his evidence on this point.

After hearing the evidence we adjourned to consider our decision. On returning to the Enquiry Room the following oral decision was given.

"Having heard the evidence and having seen the video coverage it is clear that you dropped back at least 2 ? 3 lengths after being up to the gate early on in the run up to the start, and I am also satisfied there was no visible effort by you to get your horse up to the gate and I reject your excuse that the horse was pacing roughly and I find the charge proved."

We were aware of previous penalties imposed for a breach of this rule, and that the usual penalty for a first offence was a fine of $100-00. Mr Borcoskie was therefore fined the sum of $100-00.

J. M. Phelan

Chairman

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hearing_type: Old Hearing

Rules: 857.7.g

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