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Morrinsville Tc 14 October 2010 - R 4



869

RACEDAY JUDICIAL COMMITTEE DECISION

Informant T Taumanu

Defendant: Protest against Horse 8 STARRY STYX placed 3rd on behalf of horse 3 I’M THE PIED PIPER placed 5th by the judge.

Information No: 11820 (Instigating a protest)

Meeting: Morrinsville Trotting Club

Date:  14 October 2010

Venue: Cambridge Raceway

Race: 4

Rule No: 869

Judicial Committee: Jeff Holloway, Chairman - Bryan Scott, Committee Member

 

Facts

Stipendiary Steward Mr Taumanu lodged an information instigating a protest after the running of Race 4.

 

The Judges placings were as follows

 

1st        1          Beau Starlight               A Herlihy

2nd        7          Son Of Rocky              P Ferguson

3rd        8          Starry Styx                   T Mitchell

4th        6          Bold Dreamer               M Kerr

5th        3          I’m The Pied Piper       B Mangos

6th        5          Dreamy Eagle               S Phelan

 

The protest alleged that Starry Styx (driver T Mitchell) placed third by the judge had caused interference to I’m The Pied Piper (driver B Mangos) with approximately 50 metres to run.

 

Present at the hearing were Messrs Mitchell and Mangos together with Mr A Herlihy (driver of Beau Starlight placed 1st) and Mr A Neal (part owner/trainer of Starry Styx)

 

Mr Taumanu gave evidence of his observations from the stewards’ stand with reference to head on camera footage of the closing stages.

 

He observed Starry Styx racing three wide; inside was I’m The Pied Piper with Beau Starlight down on the running line.  With approximately 50 metres to run Mr Mangos ran out of room and broke.  At the time his horse appeared to be running well.

 

Mr Mitchells horse had come in with his wheel right under the midriff of I’m the Pied Piper.   Mr Herlihy was entitled to be in the passing lane.

 

Mr Taumanu said his assessment was that Mr Mitchell had come in after hitting his horse and forced Mr Mangos down onto Mr Herlihy.

 

Mr Mitchell agreed with Mr Taumanu’s assessment and elected not to challenge the protest.

 

Mr Taumanu sought the relegation of Starry Styx to behind I’m The Pied Piper.

 

Decision and Reasons

The committee was satisfied that the protest was valid and upheld it accordingly.

 

It was clear that Starry Styx had caused interference to I’m The Pied Piper which resulted in that horse breaking and losing its chance of finishing in a  dividend bearing position.

 

The evidence provided by Mr Taumanu supported by camera footage was not challenged.  Starry Styx was relegated to finish behind I’m The Pied Piper.

 

The Judges placings were amended as follows and dividend payments authorised accordingly.

 

1st        1          Beau Starlight

2nd        7          Son Of Rocky

3rd        6          Bold Dreamer

4th        3          I’m The Pied Piper

5th        8          Starry Styx

6th        5          Dreamy Eagle

 

 

 

 

 

 

 

 

 

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