Timaru HRC – 18 December 2008 – Race 6

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startdate: 18/12/2008

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hearing_title: Timaru HRC - 18 December 2008 - Race 6

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Decision:

Following the running of Race 6, Independent Meat Processors Handicap Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R N Burton, alleging a breach of Rule 869 (4) and (6) (b) & (c) in that, as the driver of BIGTIME BLUE JEAN in the Race, he “shifted RED ARMY (M P Jones) wider on the track with approximately 1500 metres to run in breach of the push out rule”.

DECISION AND REASONS:

Following the running of Race 6, Independent Meat Processors Handicap Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R N Burton, alleging a breach of Rule 869 (4) and (6) (b) & (c) in that, as the driver of BIGTIME BLUE JEAN in the Race, he “shifted RED ARMY (M P Jones) wider on the track with approximately 1500 metres to run in breach of the push out rule”.

Mr Burton was present at the hearing of the information and did not admit the breach.

Rule 869 provides:

(4)  No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

(6)  Subject to sub-rule (4) hereof:-

(b)  a horse making a forward movement during any race shall not be forced to race wider on the track;

(c)  a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

Mr Jones said that he had travelled in the 3-wide line from about the 1600 metres and, some 100 metres later, had been forced to race 4-wide by an outward movement by BIGTIME BLUE JEAN, driven by Mr Burton. He stated that, at the time, he was definitely outside Mr Burton’s wheel and progressing forward.

Mr Ydgren, Stipendiary Steward, had been on duty in the patrol box at the top of the straight. He observed that, just prior to the 1500 metres, Mr Burton had turned his head around on a couple of occasions to see whether there were any horses improving wider. Mr Jones was improving 3-wide and was just outside Mr Burton’s wheel when Mr Burton decided to come out. Mr Burton was too late in coming out. Mr Jones was left to race 4-wide. He was unable to get on Mr Burton’s back for some distance. Mr Ydgren showed video replays, from various angles, of the incident.

Mr Burton said that he turned his horse’s head out before Mr Jones got alongside his wheel. His horse had not accelerated as fast as he thought it would when it came out which resulted in Mr Jones being caught out. If his horse had come out and gone “zap”, Mr Jones would have followed him up, he said. He had looked over his shoulder because he wanted to go ahead without pushing out.

Following an adjournment, the Committee delivered the following oral decision:

“Mr Burton has been charged with a breach of the pushout Rule as the driver of BIGTIME BLUE JEAN in Race 6, the alleged breach taking place with approximately 1500 metres to run. I have listened to the evidence of the Stipendiary Stewards and Mr Jones, the driver of RED ARMY, and I have listened to Mr Burton. In addition, I have carefully viewed the video replays.

Of significance in this case, is that Mr Jones was unequivocal in stating that he had been forced from 3-wide to 4-wide by Mr Burton’s outward movement and was equally adamant that the nose of his horse, RED ARMY, was in line with or past Mr Burton’s sulky wheel at the time and that he was going forward.

Mr Burton’s evidence was that he had turned his horse’s head out to move it out from the 2-wide line prior to Mr Jones arriving in line with or past his wheel. He also said that his horse failed to show the desired acceleration when he did attempt to move out – had it done so, Mr Jones would not have been forced 4-wide, Mr Burton said.

Having considered all of the evidence in this case, I clearly prefer the evidence of Mr Jones. I find that all Mr Burton had done by the time Mr Jones’ horse had got in line with or past his sulky wheel was to turn his horse’s head outwards. His horse had not got out into the 3-wide line until Mr Jones had got up to or past his wheel. Mr Jones was going forward and was forced thereafter to race wider on the track. Mr Jones’ evidence was clearly borne out by the video evidence.

I find the breach of the pushout Rule to be proved.”

Mr McIntyre said that Mr Burton had not breached the Rule in the past 12 months’ period and he recommended a fine of $200. Mr Burton had no submissions to make in relation to penalty

Mr Burton was fined the sum of $200.    

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.4

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race_title: Race 6

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meetdate: 18/12/2008

meet_title: Timaru HRC - 18 December 2008

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name: Timaru HRC