Timaru HRC – 25 November 2007 – Race 11

hearingid: 86b6a0eccd692bb9e2d576fe465a5e34

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hearing_racingtype: harness-racing

startdate: 25/11/2007

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penaltyrequired:

decisiondate: no date provided

hearing_title: Timaru HRC - 25 November 2007 - Race 11

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Decision:

Following the running of race 11 the Stipendiary Stewards filed an information instigating a protest against Front Page Girl (1) alleging that after approximately 200 metres of the race Front Page Girl (D Dunn) moved on to Bigtime Blue Jean (N Burton) a breach of the push out rule

Following the running of race 11 the Stipendiary Stewards filed an information instigating a protest against Front Page Girl (1) alleging that after approximately 200 metres of the race Front Page Girl (D Dunn) moved on to Bigtime Blue Jean (N Burton) a breach of the push out rule. The relevant rule reads:

Rule 869 (8)

"The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:

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1. may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
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2. may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses:-
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immediately after any horse from which it may have gained an advantage or whose changes or progress may have been affected thereby."

Rule 869 (6) (b) and (c)

"Subject to sub-rule (4) hereof:-

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1. a horse making a forward movement during any race shall not be forced to race wider on the track;
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(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."

At the outset of the hearing Mr A Butt advised the Committee that he was representing the connections of the horse and assisting Mr D Dunn, a junior driver.

Mr McIntyre said that on the horses returning to the birdcage after the race Mr N Burton the driver of Bigtime Blue Jean advised him that he believed that Mr Dunn (Front Page Girl) had breached the push out rule after approximately 200 metres.

Mr Burton said that after going 200 metres he was attempting to get up into the park position as he wanted his horse to race there. He said that his horse was hanging but that just prior to the incident it was his belief that it was racing kindly and that he was moving into the one out position. He said as a result of the incident he believed he was lef in a three wide position for approximately 100 metres.

Mr N Ydgren, Stipendiary Steward, gave evidence in respect of the video recordings of the race and indicated the horses and asked the Committee to note that Front Page Girl was beaten for the lead and shortly after establishing second place it moved out from the trailing position and went round to the lead. At about this time Bigtime Blue Jean was progressing forward and hanging but he could not say exactly where Bigtime Blue Jean was in relation to Front Page Girl as there was no head on evidence for that part of the race.

Mr A Butt said that Mr Dunn’s horse was crossed at the start and that Mr Burton was coming across with Bigtime Blue Jean, Mr Dunn moved Front Page Girl out of the trial and round to the lead and there was room between the horses for that manouvere to be undertaken without breaching the push out rule. He said that Bigtime Blue Jean was always racing at least three wide and that Mr Dunn was entitled to make the move he did.

Mr Dunn said that he was beaten for the lead, moved out from the trail at approximately the time Bigtime Blue Jean was moving forward but that he believed that Bigtime Blue Jean was racing at least three widths wide.

The video evidence from side on just prior to Front Page Girl moving out does not establish where the horses positions were in relation to each other apart from that Bigtime Blue Jean was on the outside and about half a head in front of Front Page Girl and not pacing kindly.

The Committee after giving consideration to the evidence of both parties together with the video evidence is not satisfied that it has been established that the movement out by Front Page Girl caused Bigtime Blue Jean to race wider on the track. The protest is accordingly dismissed.

The placings are confirmed as called by the Judge.

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B Coombes

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hearing_type: Old Hearing

Rules: 869.8, 869.6.b

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StipendSteward:

raceid: e29668a8577b850365d962ce55101b0a

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 11

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meetid: 8256267e53a0cd5c853b3235db383cdc

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meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 25/11/2007

meet_title: Timaru HRC - 25 November 2007

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tracklocation: timaru-hrc

meet_racingtype: harness-racing

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name: Timaru HRC