Rangiora HRC 17 August 2014 – R 1 (instigating a protest)
ID: JCA10881
Meet Title:
Rangiora HRC - 17 August 2014
Meet Chair:
KHales
Meet Committee Member 1:
SChing
Race Date:
2014/08/17
Race Number:
R1
Decision:
The protests involving "Penny Spur" and Strathfield Sun" are both dismissed and dividends and stakes are to be paid in accordance with the Judge's placings.
Facts:
It was alleged by Mr Wallis, that as the leading bunch approached the first bend in the "Pegasus Mobile Pace" that the eventual winner, "Penny Spur", (driven by J Wigzell), went across the line of "Strathfield Sun" (driven by C de Fillipi), causing that horse to move inwards. Mr Wallis further alleged that "Strathfield Sun" then placed inward pressure on the three runners inside of it, and Mr de Fillipi did not take steps to relieve the pressure that he put on those three runners, namely "See Ya" (J Smith), "Sun King" (P Borcoskie) and "Ethelsville" (L O'Reilly). The consequence of this inwards pressure was that "Ethelsville" was forced over the marker pegs and broke from its gait.
Mr Wallis asked Mr N Ydgren (Stipendiary Steward) to demonstrate the incident on the video coverage, providing head on and side on views of what happened. "Penny Spur" was improving rapidly on the outside of the horses in question, as those horses approached the first bend out of the front straight. It went safely past "Strathfield Sun", but moved across its running line in the process. In so doing, some inwards pressure may have been placed on "Strathfield Sun" but seemingly, not to any great extent. However, as "Strathfield Sun", "See Ya" and "Ethelsville" approached the bend there was overall tightening, with the consequence being that "Ethelsville" ran out of room and went over the marker pegs and breaking from its trotting gait in the process.
Mr Wigzell told the hearing that he had good speed on and went past "Strathfield Sun" and the rest of the leading bunch quickly. Whilst he may have put some pressure on "Strathfield Sun", that the tightening that followed and the eventual breaking of "Ethelsville" occurred at least 50 metres or more after he had gone past and taken up the lead. He did not believe that he had been responsible for the crowding that followed after he went past, and the breaking of "Ethelsville" from its gait.
Mr de Fillipi said that his horse was proving to be a "real handful". He said that the pressure which forced him inwards, such as it was, was momentary only. He said that with a better horse he may have been able to move outwards, but that with "Strathfield Sun" he could not do anything in the circumstances. However, he also said that the horses to the inside of him were racing in tight quarters, in any event.
Messrs Smith, Borcoskie and O'Reilly all confirmed that pressure came from the outside, but none of them could say that it was "Penny Spur" that caused the pressure.
Submissions for Decision:
It was Mr Wallis' submission that "Penny Spur" and "Strathfield Sun" had placed pressure on the three horses inside of them, with the consequence being that the chances of "Ethelsville" (in the main) were affected in that it broke from its gait and lost all chances. The other horses also had their progress hampered to an extent.
Reasons for Decision:
The first issue for our consideration is whether or not "Penny Spur" caused interference so as to affect the chances or progress of another horse or horses. After viewing the video coverage and hearing the evidence, we are satisfied that "Penny Spur" had good speed on and whilst it may have moved "Strathfield Sun" inwards slightly, that such actions were momentary only and did not affect either the chances or the progress of any other horse or horses. Accordingly, the protest in relation to "Penny Spur" is dismissed.
The second issue is whether or not "Strathfield Sun" caused interference to another horse or horses, so as to affect their progress or chances. The incident which caused "Ethelsville" to break from its trotting gait occurred as the leading bunch went into the first bend. Tightening occurred at that point, as is quite common as horses take a bend. There were four horses looking for a racing position. The tightening occurred in a situation where there was essentially not enough room for all. The consequence was that the innermost horse, "Ethelsville" ran out of room and went over the marker pegs and broke. We cannot say with certainty that "Strathfield Sun" was the overall cause of that tightening. We cannot safely conclude that Mr de Fillipi should or could have moved his horse outwards. We are conscious of his statement that his horse was proving to be a "real handful". We are also consciously aware that it does not have to be the horseman who is at fault in order to uphold a protest. In this case, we simply are not satisfied that "Strathfield Sun" was the root cause of the crowding which occurred on the bend.
Thus the protest against "Strathfield Sun" is dismissed.
JCA Decision Fields (raw)
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hearingid: 04d0ee0f0fc1e4ba1ffeeec716f55600
informantnumber: A1793
horsename: Penny Spur/"Strathfield Sun"
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/08/2014
hearing_title: Rangiora HRC 17 August 2014 - R 1 (instigating a protest)
charge:
facts:
It was alleged by Mr Wallis, that as the leading bunch approached the first bend in the "Pegasus Mobile Pace" that the eventual winner, "Penny Spur", (driven by J Wigzell), went across the line of "Strathfield Sun" (driven by C de Fillipi), causing that horse to move inwards. Mr Wallis further alleged that "Strathfield Sun" then placed inward pressure on the three runners inside of it, and Mr de Fillipi did not take steps to relieve the pressure that he put on those three runners, namely "See Ya" (J Smith), "Sun King" (P Borcoskie) and "Ethelsville" (L O'Reilly). The consequence of this inwards pressure was that "Ethelsville" was forced over the marker pegs and broke from its gait.
Mr Wallis asked Mr N Ydgren (Stipendiary Steward) to demonstrate the incident on the video coverage, providing head on and side on views of what happened. "Penny Spur" was improving rapidly on the outside of the horses in question, as those horses approached the first bend out of the front straight. It went safely past "Strathfield Sun", but moved across its running line in the process. In so doing, some inwards pressure may have been placed on "Strathfield Sun" but seemingly, not to any great extent. However, as "Strathfield Sun", "See Ya" and "Ethelsville" approached the bend there was overall tightening, with the consequence being that "Ethelsville" ran out of room and went over the marker pegs and breaking from its trotting gait in the process.
Mr Wigzell told the hearing that he had good speed on and went past "Strathfield Sun" and the rest of the leading bunch quickly. Whilst he may have put some pressure on "Strathfield Sun", that the tightening that followed and the eventual breaking of "Ethelsville" occurred at least 50 metres or more after he had gone past and taken up the lead. He did not believe that he had been responsible for the crowding that followed after he went past, and the breaking of "Ethelsville" from its gait.
Mr de Fillipi said that his horse was proving to be a "real handful". He said that the pressure which forced him inwards, such as it was, was momentary only. He said that with a better horse he may have been able to move outwards, but that with "Strathfield Sun" he could not do anything in the circumstances. However, he also said that the horses to the inside of him were racing in tight quarters, in any event.
Messrs Smith, Borcoskie and O'Reilly all confirmed that pressure came from the outside, but none of them could say that it was "Penny Spur" that caused the pressure.
appealdecision:
isappeal:
submissionsfordecision:
It was Mr Wallis' submission that "Penny Spur" and "Strathfield Sun" had placed pressure on the three horses inside of them, with the consequence being that the chances of "Ethelsville" (in the main) were affected in that it broke from its gait and lost all chances. The other horses also had their progress hampered to an extent.
reasonsfordecision:
The first issue for our consideration is whether or not "Penny Spur" caused interference so as to affect the chances or progress of another horse or horses. After viewing the video coverage and hearing the evidence, we are satisfied that "Penny Spur" had good speed on and whilst it may have moved "Strathfield Sun" inwards slightly, that such actions were momentary only and did not affect either the chances or the progress of any other horse or horses. Accordingly, the protest in relation to "Penny Spur" is dismissed.
The second issue is whether or not "Strathfield Sun" caused interference to another horse or horses, so as to affect their progress or chances. The incident which caused "Ethelsville" to break from its trotting gait occurred as the leading bunch went into the first bend. Tightening occurred at that point, as is quite common as horses take a bend. There were four horses looking for a racing position. The tightening occurred in a situation where there was essentially not enough room for all. The consequence was that the innermost horse, "Ethelsville" ran out of room and went over the marker pegs and broke. We cannot say with certainty that "Strathfield Sun" was the overall cause of that tightening. We cannot safely conclude that Mr de Fillipi should or could have moved his horse outwards. We are conscious of his statement that his horse was proving to be a "real handful". We are also consciously aware that it does not have to be the horseman who is at fault in order to uphold a protest. In this case, we simply are not satisfied that "Strathfield Sun" was the root cause of the crowding which occurred on the bend.
Thus the protest against "Strathfield Sun" is dismissed.
Decision:
The protests involving "Penny Spur" and Strathfield Sun" are both dismissed and dividends and stakes are to be paid in accordance with the Judge's placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(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 of any other horse or horses,-, immediately after any horse from which it may have gained an advantage r whose chances or progress may have been affected thereby.
Informant: Mr S W Wallis - Stipendiary Steward - Racing Integrity Unit
JockeysandTrainer:
Otherperson:
PersonPresent: J Smith - Licensed Driver ("See Ya"), P Borcoskie - Licensed Driver ("Sun King"), L O'Reilly - Licensed Driver ("Ethelsville"), Mr N Ydgren - Stipendiary Steward
Respondent: J Wigzell Licensed Horseman, Mr C De Filippi - Open Horseman
StipendSteward:
raceid: b1b564b1f72ceb5d3960bccebafd5b02
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f4e9f96d81e03bd1a57e5da40bbcabda
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/08/2014
meet_title: Rangiora HRC - 17 August 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: SChing
meet_pm2: none
name: Rangiora HRC