Timaru HRC 23 February 2014 – R 2 (instigating a protest)
ID: JCA10781
Meet Title:
Timaru HRC - 23 February 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2014/02/23
Race Number:
R2
Decision:
The protest was upheld and PHIL MONTY was relegated from 2nd to 5th. Consequent upon the relegation, the amended result for the race is as follows:
1st 1 Davey Gunn
2n 5 Lifestyler
3rd 12 Mustang Bullitt
4th 10 Smart Alex
5th 11 Phil Monty
It was ordered that dividends and stake monies be paid in accordance with that amended result.
Facts:
Following the running of Race 2, The Port FM Music Network Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, by SMART ALEX (D J Dunn), placed 5th by the judge, against PHIL MONTY (C J DeFilippi), placed 2nd by the judge, on the grounds of “interference at the start when PHIL MONTY shifted inwards onto SMART ALEX”.
Mr C J DeFilippi, driver of PHIL MONTY, was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing.
Rule 869 provides as follows:
(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses –
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
The judge’s official placings were:
1st 1 Davey Gunn
2nd 11 Phil Monty
3rd 5 Lifestyler
4th 12 Mustang Bullitt
5th 10 Smart Alex
The margins were a long neck, 2 ¼ lengths, a ½ neck and a ½ length.
Submissions for Decision:
Mr Wallis showed a head-on video replay of the start of the race, a 2600 metres standing start event. He pointed out PHIL MONTY, driven by Mr DeFilippi, which had drawn the extreme outside (10) of the front row. Immediately on its inside, having drawn 9, was SMART ALEX, driven by Mr Dunn.
When the tape was released, PHIL MONTY shied at the tape and veered inwards into Mr Dunn’s cart, all but tipping him out. Both horses lost ground as a result, with PHIL MONTY settling behind SMART ALEX.
Mr Dunn said that PHIL MONTY had shied when the tape went across in front of it. It ducked out and collided with the sulky of SMART ALEX. It had cost him “a little bit of ground”, Mr Dunn said. He made up the ground “pretty easy” and then got a “drag” round to end up “parked”. He said that he was aware of the Rule, but he did not think that PHIL MONTY should be relegated. Mr Dunn acknowledged, in response to a question from the Committee, that he had received quite bad interference. It did cost him some ground, but he could not say where he would have finished up in the running if he had not received that interference, he said.
Mr DeFilippi said that the interference could be clearly seen. His horse had “jumped away” from the tape. The horse had begun well from there during a practice in the preliminary. He said that, had SMART ALEX finished 3rd or 4th, it was entitled to be promoted. Had Mr Dunn’s horse begun better, it would have been trapped 3-wide or have to drop back to where it was. He submitted that he had cost SMART ALEX “3 or 4 lengths” at the start. From its barrier draw, Mr DeFilippi submitted, SMART ALEX was not going to get an easy run in any event.
Mr Wallis submitted that it was clear that PHIL MONTY had interfered with SMART ALEX at the start of the race. It was for the Committee to determine whether the evidence was sufficient for the Committee to uphold the protest.
The final stages of the race were shown to the hearing.
Reasons for Decision:
The Committee found that, when the tape was released, PHIL MONTY which had drawn immediately on the outside of SMART ALEX on the outside of the front row, swung sideways, seemingly, shying away from the barrier strand. In doing so, it caused significant interference to SMART ALEX on its inside. That horse was stopped in its tracks and Mr Dunn was almost dislodged from the sulky. SMART ALEX lost a considerable stretch of ground as a result and settled near the rear of the 15-horse field. We consider that Mr Dunn is minimising the situation in saying that his horse only lost “a little bit of ground”. The consequences of the interference were worse than that. It is not relevant that PHIL MONTY settled behind it.
The Committee was clearly satisfied that the chances or progress of SMART ALEX were affected by the interference that it received. After losing considerable ground at the start, it finished in 5th placing and the margins of a ½ neck between 3rd and 4th and a ½ length between 4th and 5th were significant factors in our reaching the conclusion that, but for the interference received, SMART ALEX would have finished in a higher placing.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 01a4c70267e3b7178d1f57c953ee4e65
informantnumber: A1768
horsename: Phil Monty
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 23/02/2014
hearing_title: Timaru HRC 23 February 2014 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, The Port FM Music Network Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, by SMART ALEX (D J Dunn), placed 5th by the judge, against PHIL MONTY (C J DeFilippi), placed 2nd by the judge, on the grounds of “interference at the start when PHIL MONTY shifted inwards onto SMART ALEX”.
Mr C J DeFilippi, driver of PHIL MONTY, was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing.
Rule 869 provides as follows:
(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses –
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
The judge’s official placings were:
1st 1 Davey Gunn
2nd 11 Phil Monty
3rd 5 Lifestyler
4th 12 Mustang Bullitt
5th 10 Smart Alex
The margins were a long neck, 2 ¼ lengths, a ½ neck and a ½ length.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed a head-on video replay of the start of the race, a 2600 metres standing start event. He pointed out PHIL MONTY, driven by Mr DeFilippi, which had drawn the extreme outside (10) of the front row. Immediately on its inside, having drawn 9, was SMART ALEX, driven by Mr Dunn.
When the tape was released, PHIL MONTY shied at the tape and veered inwards into Mr Dunn’s cart, all but tipping him out. Both horses lost ground as a result, with PHIL MONTY settling behind SMART ALEX.
Mr Dunn said that PHIL MONTY had shied when the tape went across in front of it. It ducked out and collided with the sulky of SMART ALEX. It had cost him “a little bit of ground”, Mr Dunn said. He made up the ground “pretty easy” and then got a “drag” round to end up “parked”. He said that he was aware of the Rule, but he did not think that PHIL MONTY should be relegated. Mr Dunn acknowledged, in response to a question from the Committee, that he had received quite bad interference. It did cost him some ground, but he could not say where he would have finished up in the running if he had not received that interference, he said.
Mr DeFilippi said that the interference could be clearly seen. His horse had “jumped away” from the tape. The horse had begun well from there during a practice in the preliminary. He said that, had SMART ALEX finished 3rd or 4th, it was entitled to be promoted. Had Mr Dunn’s horse begun better, it would have been trapped 3-wide or have to drop back to where it was. He submitted that he had cost SMART ALEX “3 or 4 lengths” at the start. From its barrier draw, Mr DeFilippi submitted, SMART ALEX was not going to get an easy run in any event.
Mr Wallis submitted that it was clear that PHIL MONTY had interfered with SMART ALEX at the start of the race. It was for the Committee to determine whether the evidence was sufficient for the Committee to uphold the protest.
The final stages of the race were shown to the hearing.
reasonsfordecision:
The Committee found that, when the tape was released, PHIL MONTY which had drawn immediately on the outside of SMART ALEX on the outside of the front row, swung sideways, seemingly, shying away from the barrier strand. In doing so, it caused significant interference to SMART ALEX on its inside. That horse was stopped in its tracks and Mr Dunn was almost dislodged from the sulky. SMART ALEX lost a considerable stretch of ground as a result and settled near the rear of the 15-horse field. We consider that Mr Dunn is minimising the situation in saying that his horse only lost “a little bit of ground”. The consequences of the interference were worse than that. It is not relevant that PHIL MONTY settled behind it.
The Committee was clearly satisfied that the chances or progress of SMART ALEX were affected by the interference that it received. After losing considerable ground at the start, it finished in 5th placing and the margins of a ½ neck between 3rd and 4th and a ½ length between 4th and 5th were significant factors in our reaching the conclusion that, but for the interference received, SMART ALEX would have finished in a higher placing.
Decision:
The protest was upheld and PHIL MONTY was relegated from 2nd to 5th. Consequent upon the relegation, the amended result for the race is as follows:
1st 1 Davey Gunn
2n 5 Lifestyler
3rd 12 Mustang Bullitt
4th 10 Smart Alex
5th 11 Phil Monty
It was ordered that dividends and stake monies be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)&(b)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: D J Dunn, Licensed Open Driver
Respondent: C J DeFilippi, Licensed Open Driver
StipendSteward:
raceid: f8e2b533c87b84663b56cc739271d7b1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5a2770724b1e1c12cd332e1ee785e8c0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/02/2014
meet_title: Timaru HRC - 23 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Timaru HRC