Auckland TC - 11 June 2010 - R 8

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr J Muirhead  Stipendiary Steward

Defendant:  DEAD CALM driven by Mr D Butcher placed 2^nd by the Judge

Information No:  13674

Meeting  Auckland Trotting Club

Date:  11 June 2010

Venue:  Alexandra Park

Race:  8

Rule No:  869 (8) (b)

Judicial Committee:  B Rowe Chairman – B Scott Committee Member

Plea:  Not Admitted

Also Present:  Mr M Gregory representing owner Mr G Rogerson;  Mr P Butcher and Mr Z Butcher.

CHARGE(s):

Interference to LATE FLYIN driven by Mr Z Butcher and ARTS BO driven by Mr P Butcher about 200metres from the finish of the race.

EVIDENCE:     

Mr Muirhead showed and interpreted the video films of the incident.  DEAD CALM lead into the home straight and shortly afterwards drifted out slightly.  LATE FLYIN was racing outside DEAD CALM but about one length behind.  ARTS BO was racing outside LATE FLYIN and was about one length behind that horse.  The outward movement of DEAD CALM caused slight outward movement by LATE FLYIN resulting in the sulky wheel of that horse clipping the off foreleg of ARTS BO which then paced roughly for a couple of strides.  LATE FLYIN finished 9^th and ARTS BO 10^th. 

Mr P Butcher said the incident had no affect on the chances of ARTS BO – “it was tired / done at the time”.  Mr Z Butcher said the incident had no affect on the chances of LATE FLYIN – “it was all done at the time”. 

Mr D Butcher said DEAD CALM drifted out a little bit but there was no contact with LATE FLYIN.  He said the other horses were “racing on top of me”. 

Stipendiary Steward Mr T Taumanu gave evidence of his observations from the top of the home straight.  He confirmed the horses were racing in tight formation and that DEAD CALM had drifted out enough to push out LATE FLYIN onto ARTS BO.  Mr Gregory had nothing to add.

REASONS FOR DECISION:

The committee is satisfied that DEAD CALM moved outwards and caused interference to LATE FLYIN and ARTS BO.  The committee accepts the evidence of Mr P Butcher and Mr Z Butcher that the interference did not affect the chances of their respective horses.   Their evidence in respect to that issue was not challenged by Mr Muirhead.

DECISION:  

This information effectively filed two protests against DEAD CALM, one on behalf of LATE FLYIN and the other on behalf of ARTS BO.  Because the chances of those horses were not affected by the interference, the protests are dismissed.

B Rowe                        B Scott

Chairman                   Committee Member

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