Cambridge-Te Awamutu HRC 26 August 2010 - R 8 (instigating a protest)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  T Taumanu

Defendant:  N/A

Information No: 11818 (Instigating a protest)

Meeting:  Cambridge Te Awamutu HRC

Venue:  Cambridge Raceway

Race:  8

Rule No:  869(7B)

Judicial Committee:  Jeff Holloway, Chairman - Noel McCutcheon, Committee Member

FACTS

After the running of Race 8 information instigating a protest was laid against horse 2 HERBIE’S DREAM, placed second by the judge on the grounds that the horse or its sulky travelled inside the track marker line for more than 30 metres inside the last 600 metres of the race.

Driver Mr T Herlihy and part owner Mrs C McGowan appeared before the hearing.

The contents of the relevant section of the rules were read to the hearing and video footage of the closing stages of the race was shown.

At this point Mr Herlihy indicated that he had no challenge to the protest and elected to leave the hearing.

Mrs McGowan having further viewed the footage and discussing the rules also elected not to contest the protest and endorsed and signed the information accordingly.

Video footage clearly showed HERBIE’S DREAM breaking on the home turn clear of any interference, then ducking inwards and travelling inside 6 marker pegs with approximately 10 metre spacings well in excess of 30 metres

DECISION

Rule 869(7B) was clearly breached by Herbie’s Dream and the horse is disqualified in accordance with that rule.

The Judges placings are amended as follows and payment of dividends is authorised

1^st  5 - Fonzie

2^nd  11 - Greg Murfie

3^rd  10 - Takeover Brown

4^th  6 - Underwood Roads

5^th  3 – Cruzee Cullen

6^th  8 - Mattusie