Auckland TC 7 May 2010 - R 10 (instigating a protest)
869(4)(A) and 869(8)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: JM Muirhead
Defendant: N/A
Information No: 13670 (instigating a protest)
Meeting: Auckland Trotting Club
Date: 7 May 2010
Venue: Alexandra Park, Auckland
Race: 10
Rule No: 869(4)(A) and 869(8)
Judicial Committee: BJ Scott Chairman - BJ Rowe, N McCutcheon, Committee Members
Also Present: Mr S Reid Co-Trainer, Mr R Croon Part Owner and Mr S Lawson Driver of Alan Fredrick and also Mr BM Mangos the Driver of Taffeta Bromac
FACTS:
An Information was lodged by Stipendary Steward Mr JM Muirhead instigating a Protest against the second placing of Alan Fredrick (Driver S Lawson) on the grounds of running out late in the run home and causing interference to the fourth placed horse Taffeta Bromac (Driver BM Mangos).
Present were Mr S Reid Co-Trainer, Mr R Croon Part Owner and Mr S Lawson Driver of Alan Fredrick and also Mr BM Mangos the Driver of Taffeta Bromac.
The Protest was contested.
Mr Muirhead gave evidence by use of the video film and he showed the outwards movement of Alan Fredrick in the run home. This horse began to run outwards with approximately 100 metres left to run and in doing so interfered with the progress of Taffeta Bromac which caused Mr Mangos to take hold of his horse. Mr Muirhead said that if Mr Mangos had not done so then he would have been checked right out of the race. Alan Fredrick continued in the outwards movement and was wide out on the track at the finishing line.
Mr Muirhead (in answer to a question from this Committee) confirmed that the margin between second and third was half a head and the margin back to the fourth horse was two and a half lengths.
In Mr Muirhead’s view the chances of Taffeta Bromac finishing in a higher placing were affected as a result of the interference from Alan Fredrick.
Mr Mangos gave evidence and he said that Alan Fredrick had simply run off, had caused interference to his horse, had cost him his chance of at least running third. He believed that but for the inference he would have finished third and he also said that the outward movement allowed Zingara driven by Mr Herlihy to get a gap that it wouldn’t have and it accordingly beat Taffeta Bromac home for third. Mr Mangos said “It’s not the kids fault, the horse simply ran off.”
Mr Reid did not offer any evidence.
Mr Lawson confirmed that the horse ran out despite his efforts to keep it straight.
In answer to a question from this Committee Mr Mangos confirmed that there was contact between his horse and Alan Fredrick.
Mr Reid having heard the evidence accepted that interference had been caused to Taffeta Bromac and that the Protest should be upheld and that Alan Fredrick should be relegated.
On the basis therefore that the Protest was now not contested it is upheld and Alan Fredrick is relegated from second to fourth and Taffeta Bromac is promoted from fourth to third.
The amended placings are accordingly:
1st (4) Harrison Maguire
2nd (6) Zingara
3rd (7) Taffeta Bromac
4th (2) Alan Fredrick
5th (1) Precious Vicky
6th (15) Valour Under Fire.
BJ Scott BJ Rowe, N McCutcheon
CHAIR Committee Members
13670
