Oamaru HRC 27 April 2010 - R 7 (instigating a protest)
869(8)(a) and (b)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N McIntyre
Defendant: Mr P Court
Information No: 13989 (instigating a protest)
Meeting: Oamaru Harness Racing Club
Date: 27 April 2010
Venue: Oamaru
Race: 7
Rule No: 869(8)(a) and (b)
Judicial Committee: G Hall, Chairman – J Eagles, Committee Member
Plea: Not Admitted
Also Present: Mr C Harrison
FACTS/ SUBMISSIONS:
This was a protest by horse number 6 COOL JACCKA, placed 7th by the Judge against horse number 3 A MAGIC PLACE, placed 3rd by the Judge on the ground that A MAGIC PLACE interfered with COOL JACCKA contrary to R 869(8)(a) and (b).
Judges placings were: 4, 10, 3, 1, 7.
Mr D Dunn gave evidence that at the 1600 metres A MAGIC PLACE broke. Mr Dunn was driving COOL JACCKA and, although there was no contact, COOL JACCKA broke when Mr Dunn moved wider on the track to avoid A MAGIC PLACE. He said his horse was not travelling well at the time and he did not believe he would have beaten A MAGIC PLACE. When questioned by Mr McIntyre, he agreed his horse was pacing “ok” prior to A MAGIC PLACE breaking.
Mr McIntyre demonstrated the incident on the videos and pointed out that A MAGIC PLACE was 10 to 15 metres behind the leading pack when it broke. The videos also showed that KIN KAID was held up behind COOL JACCKA when that horse broke. When COOL JACCKA and KIN KAID regained momentum they were 30 to 40 metres behind the leading runners.
Mr Harrison, driver of KIN KAID gave evidence that although he was not inconvenienced by A MAGIC PLACE breaking, he was held up behind COOL JACCKA when that horse broke. He said he was slowed “almost to a stand-still”.
Mr Court said that Mr Harrison had had the opportunity to go round COOL JACCKA and, had he done so, he would have lost less ground. He emphasised Mr Dunn had said his horse was “going terrible”.
REASONS:
We find that A MAGIC PLACE broke free of interference with some 1600 metres to run. In avoiding that horse, COOL JACCKA broke and held up KIN KAID which was trailing behind COOL JACCKA. While Mr Dunn may have believed his chances were not affected, we are satisfied that the progress of both COOL JACCKA and KIN KAID were directly and indirectly affected by A MAGIC PLACE breaking. The two horses lost 30 to 40 metres as a result of the incident.
DECISION:
In exercising our discretion to relegate A MAGIC PLACE to behind COOL JACCKA pursuant to R 869(8)(b) we are satisfied A MAGIC PLACE broke free of interference and interfered with the progress of COOL JACCKA and KIN KAID. A MAGIC PLACE is relegated to behind COOL JACCKA, which finished behind KIN KAID.
Amended placings are: 4, 10, 1 7, 8.
G Hall J Eagles
CHAIR Committee Member
13989
