Timaru HRC – 31 December 2007 –

hearingid: b5a0efcde7616fec9ae561767b139553

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hearing_racingtype: harness-racing

startdate: 31/12/2007

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decisiondate: no date provided

hearing_title: Timaru HRC - 31 December 2007 -

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Following the running of Race 3 an information was lodged by the Stipendiary Stewards instigating a charge under rule 869 (4) alleging that Mr McNally drove in a manner likely to cause interference when attempting to move STAR DE VIE

Following the running of Race 3 an information was lodged by the Stipendiary Stewards instigating a charge under rule 869 (4) alleging that Mr McNally drove in a manner likely to cause interference when attempting to move STAR DE VIE (Mr J R Dunn) down after approximately 100 metres and continuing to attempting to do so for approximately 400 metres. The relevant rule reads:

869 (4) No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress.

At the commencement of the hearing Mr McIntyre said that shortly after the start Mr McNally, who started from barrier 6, shifted down to contest for a position closer to the fence. He indicated that drivers were expected to be competitive but not to continue a movement for a lengthy period of time. He further said that it was an appalling display of horsemanship by Mr McNally.

Mrs K Williams, the Stipendiary Steward situated in the box at the top of the straight during the race, said that after the tape’s release Mr Dunn (STAR DE VIE) attempted to hold his position as he was entitled to do. She said that after approximately 100 metres Mr McNally attempted to force Mr Dunn’s horse nearer to the markers but that Mr Dunn did not concede and their was contact between the sulkies of the two horses, with pressure from both Mr McNally and Mr Dunn, which continued for approximately 400 metres and both TOTALLY FRANCO (Mr McNally) and STAR DE VIE (Mr Dunn) had lost contact with the horses in front of them. She also said that at no stage did she believe that Mr McNally’s drive was half a length clear of Mr Dunn’s drive. She said that she believed it was jostling in the extreme and that she observed grit flying from the wheels of the two sulkies during the contact period of approximately 400 metres and that both Mr McNally and Mr Dunn had their horses heads towards each other. This was demonstrated with the assistance of video evidence.

Mr McNally, for his part, said that he started from barrier 6, attempted to move down closer to the rails, however, was prevented from doing so by Mr Dunn’s horse. He believed he was entitled to try and take that position and force Mr Dunn’s horse down and that no actual interference had been caused and that he would have pulled out if anything had gone wrong during the manoeuvre.

The Committee, after giving consideration of evidence presented by both parties, is of the view that the charge is found proven. The reasons are as follows:

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• That although there was no interference such actions are likely to cause interference
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• That it is not necessary for interference to actually take place
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• The manoeuvre by Mr McNally continued for approximately 400 metres and being the senior horseman he should have realised the futility of his actions and pulled out at an earlier stage
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• There are real safety issues with such actions
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• Both Mr McNally and Mr Dunn lost contact with the horses in front of them while concentrating on the actions between them, and
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• The Committee accepts Mr McIntyre’s view that it was an appalling display of horsemanship.
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Mr McIntyre indicated that the Stipendiary Stewards were seeking a monetary penalty only and Mr McNally, for his part, indicated that he wished to make no comment regarding the appropriate penalty.

The Committee, after giving consideration to the matters referred to above, agrees that a monetary penalty on this occasion is in order and imposes a fine of $250.00.

B Coombes

CHAIRMAN

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hearing_type: Old Hearing

Rules: 869.4

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