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Auckland TC 7 May 2010 - R 8 (instigating a protest)



869(7)(b)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  JM Muirhead

Defendant:  N/A

Information No:  13669 (instigating a protest)

Meeting:  Auckland Trotting Club

Date:  7 May 2010

Venue:  Alexandra Park, Auckland

Race:              8

Rule No:  869(7)(b)

Judicial Committee:  BJ Scott Chairman, - BJ Rowe, N McCutcheon, Committee Members

Also Present:  Mr PC Ferguson, driver, SJ Reid, Co-Trainer. M Burley, Owner

 

FACTS:

An Information was lodged by Stipendary Steward Mr JM Muirhead against the fourth placing of Meander With Earl (Driver PC Ferguson) on the grounds of that horse’s sulky wheel being inside the track marker line for more than 30 metres in the last 600 metres of the race.

 

Present were Mr PC Ferguson the Driver, SJ Reid the Co-Trainer and M Burley the Owner of Meander With Earl.

 

Rule 869(7)(b) states:  “Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.”

 

The Rule was read to the connections of Meander With Earl and they acknowledged that they understood it.

 

The protest was contested.

 

Mr Muirhead gave evidence by use of the video film and he showed the position of Meander With Earl back on the marker line.   He showed the movement of Meander With Earl in the last 600 metres and during the course of his evidence Mr Muirhead saw that the sulky wheel of Meander With Earl might have been inside the marker line for something less than 30 metres.

 

Mr Muirhead asked this Committee for permission to withdraw the protest and that permission was given.

 

 

The placings accordingly remain as given by the Judge.

 

 

BJ Scott                       BJ Rowe, N McCutcheon

CHAIR                         Committee Members   

13669

 

 

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