Methven TC 10 October 2010 - R 2 (instigating a protest)
869(7B)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N G McIntyre, Stipendiary Steward
Defendant: N/A
Information No: 13947 (Instigating a protest)
Meeting: Methven Trotting Club
Date: 10 October 2010
Venue: Methven Racecourse
Race: 2
Rule No: 869 (7B)
Judicial Committee: R G McKenzie, Chairman – P J Rosanowski, Committee Member
Plea: N/A
FACTS:
Following the running of Race 2, The Brown Pub Methven Punter of the Year Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against KOTARE YAAKOV (B N Orange), placed 2nd by the judge, under Rule 869 (7B) – that is to say, on the ground that the sulky wheel of the horse moved inside the track marker line for more than 30 metres in the last 600 metres of the race.
Mr Orange was present at the hearing of the information and he indicated that he was representing the connections of KOTARE YAAKOV at the protest hearing.
Rule 869 provides as follows:
(7B) Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of any 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
SUBMISSION(S):
Mr McIntyre stated that KOTARE YAAKOV, driven by Mr Orange, had trailed the leader FASTROUNDTOWN for most of the race. Mr McIntyre showed a head-on video replay of the final stages of the race and alleged that Mr Orange had attempted a run that was never fully there. As a result, the sulky wheel of the horse ended up inside the marker line brushing several pylons before going into a break and being restrained by Mr Orange.
Mrs K R Williams, Stipendiary Steward, showed video replays. She pointed out the sulky wheel of KOTARE YAAKOV, after the 50 metres mark, strike or brush two pylons, then go inside the next two before coming outside the final pylon. Mrs Williams conceded that KOTARE YAAKOV had not gained an advantage over the horse then racing in 3rd place, MISS DORIE, as it had that runner “in hand” prior to going inside the markers.
Mr McIntyre agreed with the Committee that the extent of protrusion inside the two markers was minimal.
Mr Orange admitted, and he said it was obvious, that he had gone inside two markers which, he said, was only 20 metres. He submitted that he had, therefore, not breached the Rule.
REASON(S):
The Committee had listened to the submissions of the parties and had carefully viewed the video replays of the final 100 metres of the race. The Committee found that KOTARE YAAKOV had been trailing the leader, FASTROUNDTOWN, inside the final 100 metres of the race. Mr Orange was looking for an inside run for the horse. He shifted down into a tight gap inside the leader and, while progressing inside the last 50 metres, his sulky wheel struck two marker pylons and went inside two more. Just before the finishing line, the horse went into a gallop and galloped across the line. It was acknowledged by the Stewards, and the Committee agreed, that the horse was not lapped on by any other runner. Furthermore, with reference to Rule 869 (7B) under which the protest was brought, the Committee was not satisfied that KOTARE YAAKOV’s sulky wheel had moved inside the track marker line, as defined by the marker pylons, for a distance of more than 30 metres.
DECISION:
The protest was dismissed.
