Archive Decision

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Waikouaiti HRC 23 February 2020 – R 1 (instigating a protest) – Chair, Prof G Hall

ID: JCA10984

Applicant:
Mr R Quirk - Stipendiary Steward

Respondent(s):
Ms A Hoffman - Co-owner and trainer of SHEEZA SPORT

Information Number:
A10772

Hearing Type:
Protest

Rules:
857(7) and 1003(2)

Meet Title:
Waikouaiti HRC - 23 February 2020

Meet Chair:
GHall

Race Date:
2020/02/23

Race Number:
R 1

Decision:

Disqualification is not appropriate. SHEEZA SPORT has not gained an advantage. Placings are as called by the Judge. Stakes and dividends are to be paid accordingly.

Facts:

Mr Quirk, Stipendiary Steward, alleged that SHEEZA SPORT gained an advantage by crossing over prior to the starting point in race one. He sought the disqualification of SHEEZA SPORT pursuant to r 1003(2).

The Judge's placings were:

1ST    13    SHEEZA SPORT
2ND     2    PETE'S DASH
3RD   12    MAURICE
4TH     8    HIGHLAND REIGN

The relevant rules state:

857(7) No driver shall (e) cross over before reaching the starting point.

1003(2) Every horse which commits a breach of any rule shall be liable to the following penalties (a) to be disqualified or scratched from any race.

Submissions for Decision:

Mr Renault demonstrated on the videos that SHEEZA SPORT had drawn 4 on the second line. At the candy pole some 50 metres before the start SHEEZA SPORT commenced to shift inwards. At the starting point SHEEZA SPORT was in a position that was 2 on the second line.

Mr Quirk stated that SHEEZA SPORT was thus not in its correct position. He alleged the horse had gained an advantage by getting to the pylons more quickly than it otherwise would have had it been in its correct position. He said SHEEZA SPORT liked to race with cover and to be held up for one run. SHEEZA SPORT had thus obtained its preferred position. As the race transpired, SHEEZA SPORT got room late and went on to win the race.

Ms Hoffman agreed that SHEEZA SPORT had crossed early, however she did not believe this had been to the horse’s advantage in that it did not have any significant effect on the outcome of the race. Mr Wilmot said he had not realised he had gone early and thought he would have still ended up being 3 back on the inside, as he had in the race.

Reasons for Decision:

SHEEZA SPORT has clearly crossed over before the start. As a consequence, the horse has started from 2 rather than 4 on the second row. SHEEZA SPORT has clearly got to the pylons earlier than it otherwise would but significantly that horse did not deny any other horse from taking up the position that it took up in the running. SHEEZA SPORT simply got to the pylons shortly after start, a little quicker than it would have done had it been in its position of 4 on the second row when the mobile arm moved away.

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: 09ef1c8928a27bb30532897ea6582748


informantnumber: A10772


horsename: SHEEZA SPORT


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 25/02/2020


hearing_title: Waikouaiti HRC 23 February 2020 - R 1 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

Mr Quirk, Stipendiary Steward, alleged that SHEEZA SPORT gained an advantage by crossing over prior to the starting point in race one. He sought the disqualification of SHEEZA SPORT pursuant to r 1003(2).

The Judge's placings were:

1ST    13    SHEEZA SPORT
2ND     2    PETE'S DASH
3RD   12    MAURICE
4TH     8    HIGHLAND REIGN

The relevant rules state:

857(7) No driver shall (e) cross over before reaching the starting point.

1003(2) Every horse which commits a breach of any rule shall be liable to the following penalties (a) to be disqualified or scratched from any race.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault demonstrated on the videos that SHEEZA SPORT had drawn 4 on the second line. At the candy pole some 50 metres before the start SHEEZA SPORT commenced to shift inwards. At the starting point SHEEZA SPORT was in a position that was 2 on the second line.

Mr Quirk stated that SHEEZA SPORT was thus not in its correct position. He alleged the horse had gained an advantage by getting to the pylons more quickly than it otherwise would have had it been in its correct position. He said SHEEZA SPORT liked to race with cover and to be held up for one run. SHEEZA SPORT had thus obtained its preferred position. As the race transpired, SHEEZA SPORT got room late and went on to win the race.

Ms Hoffman agreed that SHEEZA SPORT had crossed early, however she did not believe this had been to the horse’s advantage in that it did not have any significant effect on the outcome of the race. Mr Wilmot said he had not realised he had gone early and thought he would have still ended up being 3 back on the inside, as he had in the race.


reasonsfordecision:

SHEEZA SPORT has clearly crossed over before the start. As a consequence, the horse has started from 2 rather than 4 on the second row. SHEEZA SPORT has clearly got to the pylons earlier than it otherwise would but significantly that horse did not deny any other horse from taking up the position that it took up in the running. SHEEZA SPORT simply got to the pylons shortly after start, a little quicker than it would have done had it been in its position of 4 on the second row when the mobile arm moved away.


Decision:

Disqualification is not appropriate. SHEEZA SPORT has not gained an advantage. Placings are as called by the Judge. Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 857(7) and 1003(2)


Informant: Mr R Quirk - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr B Wilmot - Driver of SHEEZA SPORT


Respondent: Ms A Hoffman - Co-owner and trainer of SHEEZA SPORT


StipendSteward:


raceid: 3026b3562bff6eae0030bcda602541c4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b1287248a39c32976b81da13c158a807


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/02/2020


meet_title: Waikouaiti HRC - 23 February 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikouaiti-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Waikouaiti HRC