Auckland TC 20 December 2012 – R 6 (Instigating a Protest)
ID: JCA11028
Meet Title:
Auckland TC - 20 December 2012
Meet Chair:
ADooley
Meet Committee Member 1:
JHolloway
Race Date:
2012/12/20
Race Number:
R6
Decision:
Accordingly, the protest is dismissed and the judge's placings shall stand. In conclusion we order the payment of stakes and dividends.
Facts:
Following the running of Race 6 an information was lodged Instigating a Protest pursuant to rule 869(7B). The informant, Mr Muirhead, alleged that SASTRE placed 2nd by the judge galloped inside the marker line rounding the first bend.
The judge's placing were as follows:
1st No. 10 JOHNNY SPRINGFIELD
2nd No. 2 SASTRE
3rd No. 11 SUPERBOWL CHEERLEADER
4th No. 8 IRVIN
Submissions for Decision:
Mr Muirhead demonstrated the incident by using the video films. He pointed out to the committee that SASTRE was racing in the lead going into the first bend when it broke. He said Mr Herlihy moved inside the marker line for safety reasons. Mr Muirhead submitted that SASTRE broke for approximately 50 metres and travelled inside the marker line for 130 metres. His concern was whether the horse had travelled the full distance.
In response to a question from the committee, Mr Muirhead conceded that SASTRE had not gained an advantage when it broke.
Mr Herlihy submitted that he took SASTRE inside the markers for safety reasons as he was in front when his horse broke. He said the incident was exaggerated by the other horses breaking around him which delayed him re entering the track. He submitted the films showed that SASTRE clearly lost ground as a result of the incident.
Miss Wallis submitted that Mr Herlihy took all precautions to avoid any interference to other runners by waiting to re enter the track. She stated that SASTRE did not gain any advantage.
When given the opportunity to sum up Mr Muirhead had nothing further to say.
Reasons for Decision:
The committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that SASTRE did not gain any advantage when Mr Herlihy went inside the markers for 130 metres, which we accepted was for safety reasons. The films also confirmed that SASTRE broke passing the winning post shortly after the start, galloping for a distance of 50 metres before Mr Herlihy corrected its gate back to a trot. It was clear that the progress of SASTRE was affected when Mr Herlihy restrained his drive while he waited to gain entry back onto the track. The entry was completed successfully and resulted in no interference or progress to any other horse in the race.
JCA Decision Fields (raw)
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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: 1a7ed78d43389bcc3c2e6c919b9b4f16
informantnumber: A4627
horsename: SASTRE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/12/2012
hearing_title: Auckland TC 20 December 2012 - R 6 (Instigating a Protest)
charge:
facts:
Following the running of Race 6 an information was lodged Instigating a Protest pursuant to rule 869(7B). The informant, Mr Muirhead, alleged that SASTRE placed 2nd by the judge galloped inside the marker line rounding the first bend.
The judge's placing were as follows:
1st No. 10 JOHNNY SPRINGFIELD
2nd No. 2 SASTRE
3rd No. 11 SUPERBOWL CHEERLEADER
4th No. 8 IRVIN
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by using the video films. He pointed out to the committee that SASTRE was racing in the lead going into the first bend when it broke. He said Mr Herlihy moved inside the marker line for safety reasons. Mr Muirhead submitted that SASTRE broke for approximately 50 metres and travelled inside the marker line for 130 metres. His concern was whether the horse had travelled the full distance.
In response to a question from the committee, Mr Muirhead conceded that SASTRE had not gained an advantage when it broke.
Mr Herlihy submitted that he took SASTRE inside the markers for safety reasons as he was in front when his horse broke. He said the incident was exaggerated by the other horses breaking around him which delayed him re entering the track. He submitted the films showed that SASTRE clearly lost ground as a result of the incident.
Miss Wallis submitted that Mr Herlihy took all precautions to avoid any interference to other runners by waiting to re enter the track. She stated that SASTRE did not gain any advantage.
When given the opportunity to sum up Mr Muirhead had nothing further to say.
reasonsfordecision:
The committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that SASTRE did not gain any advantage when Mr Herlihy went inside the markers for 130 metres, which we accepted was for safety reasons. The films also confirmed that SASTRE broke passing the winning post shortly after the start, galloping for a distance of 50 metres before Mr Herlihy corrected its gate back to a trot. It was clear that the progress of SASTRE was affected when Mr Herlihy restrained his drive while he waited to gain entry back onto the track. The entry was completed successfully and resulted in no interference or progress to any other horse in the race.
Decision:
Accordingly, the protest is dismissed and the judge's placings shall stand. In conclusion we order the payment of stakes and dividends.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7B)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr A Herlihy - Driver of SASTRE
Respondent: Miss M Wallis - Trainer of SASTRE
StipendSteward:
raceid: bf808b84ce604ed062ebb2df36b032e7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4e439296af94d65b88633f3dd6adcee6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/12/2012
meet_title: Auckland TC - 20 December 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: JHolloway
meet_pm2: none
name: Auckland TC