Forbury Park TC 14 May 2010 - R 10 (instigating a protest)

RACEDAY JUDICIAL COMMITTEE DECISION         

Informant:  Mr P T Knowles - Stipendiary Steward

Defendant:  Mr M P Jones

Information No:  13354 – instigating a protest

Meeting:  Forbury Park Trotting Club

Date:  14 May 2010

Venue:  Forbury Park, Dunedin

Race:  10

Rule:  869 (7) (c)

Judicial Committee:  Mr A Dennis, Chairman – Mr David Steel, Committee Member

Plea:  N/A

Also Present: Mr C Allison - Stipendiary Steward, Mr J Ruxton – Judicial Registrar, Mr K Barron – Driver, VIENNA BROMAC, Mr J Dunn – Driver, DREAMONA’s LADY,

CHARGES:

Following Race 10 an information instigating a protest was filed pursuant to Rule 869 (7) (c).  The informant Mr P Knowles alleged that Mr M P Jones allowed his horse to shift inwards over marker pegs for approximately 40 m on the first bend.

Rule 869 (7) (c) states:

Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres prior to 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.

Mr Knowles used video film to highlight the incident and film clearly showed that Mr Jones had allowed his horse to move inside the markers for a distance.

Mr Jones submitted that whilst he had allowed his horse to move inside the markers, he maintained that the distance was somewhat less than the approximately 40 metres stated by Mr Knowles and in fact less than the allowable 30 metres.

The Committee adjourned to consider its decision.

DECISION:

The Committee decided to dismiss the protest.

REASONS:

1.  After viewing the film many times the Committee felt that it was unable to positively state that the distance that Mr Jones travelled inside the markers was in excess of 30 metres.

2.  The Committee felt that the film did not clearly show the exact point of entry to the infield and neither was it possible to ascertain the point where Mr Jones was able to re-enter the race track.  Accordingly, the Committee felt that the benefit of this doubt should be in favour of Mr Jones.

A G Dennis               D Steel

CHAIR                      Committee Member

13354