Auckland TC 30 April 2010 - R 5 (instigating a protest)
869(4) and 869(8)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Muirhead
Defendant: N/A
Information No: 13665 (instigating a protest)
Meeting: Auckland Trotting Club
Date: 30 April 2010
Venue: Alexandra Park Raceway
Race: 5
Rule No: 869(4) and 869(8)
Judicial Committee: Mr B Rowe, Chairman – B Scott, Committee Member
Plea: N/A
Also Present: Mr M Jones, Mr A Clark
This is an information instigating a protest filed by Stipendiary Steward Mr J. Muirhead on behalf of RHYTHMIC SUN driven by Mr R. Brosnan, placed 10th against SHEZONEOFTHEBOYZ driven by Mr M. Jones placed 2nd on the grounds of interference racing into the first bend.
Mr Jones represented the connections of SHEZONEOFTHEBOYZ and Mr Brosnan and Mr A. Clark, part owner and trainer of RHYTHMIC SUN, represented the connections of that horse.
Mr Muirhead showed the video film of the incident. The film showed RHYTHMIC SUN broke racing into the first bend when on the inside of SHEZONEOFTHEBOYZ.
Mr Brosnan said the sulky wheel of SHEZONEOFTHEBOYZ touched the hind leg of his horse causing it to become unbalanced and then break. He said the horse ‘ran’ for a few strides before breaking. Mr Brosnan said his horse was put out of the race.
Mr Jones said there was no contact and the film clearly showed that. He said RHYTHMIC SUN had trotted rough and then galloped. He said his line was dictated by the horse on his outside, THE FIERY GINGA driven by Mr Clark.
Mr Muirhead said the film showed that the action of RHYTHMIC SUN indicated that contact had occurred – the horse had faltered. Mr Muirhead said he did not think there had been much contact, but there was contact.
Mr Clark said that he had not put any pressure on SHEZONEOFTHEBOYZ.
Decision and Reasons:
The sole question to be answered in this protest hearing is whether or not there was contact as alleged by Mr Brosnan. We prefer the evidence of Mr Brosnan. We believe his evidence is confirmed by the video film which showed his horse faltering at the relevant time. We also accept Mr Muirhead’s interpretation of the video film. We reject the evidence of Mr Jones that his line had been dictated. In that regard, we accept the evidence of Mr Clark and our interpretation of the video film. For those reasons the protest is upheld and in accordance with usual practice where the chances of a horse are eliminated in the early stages of a race, SHEZONEOFTHEBOYZ is disqualified pursuant to Rule 1003 (2)(a). The final placings thus being:
1st – KAHDON
2nd – EMMA HAMILTON
3rd – BOIZEL
4th – MIAMI H
5th – THE FIERY GINGA
6th – CHOCOLATE BROWNIE
B Rowe B Scott
CHAIR Committee Member
13665
