Ashburton TC 13 July 2012 – R 6 (instigating a protest)
ID: JCA11112
Meet Title:
Ashburton TC - 13 July 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2012/07/13
Race Number:
R6
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid in accordance with the judge’s placings.
Facts:
Following the running of Race 6, The Breeders Golden Girls Series Heat 2 Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against JUNIPER BROMAC (C McDowell), placed 4th by the judge, on the ground that it caused interference to LIVELY TINTARA (M P Edmonds), placed 12th by the judge, “when racing past the 150 metres”.
Mr C McDowell, driver of JUNIPER BROMAC, was present at the hearing of the information and he indicated that he was representing the connections of that horse in 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.
Submissions for Decision:
Mr R A Quirk, Stipendiary Steward, pointed out the two horses on a video replay of the incident inside the final 200 metres of the race. JUNIPER BROMAC was racing on the inside of LIVELY TINTARA at that stage, and behind HIGHLY DELIGHTED (T M Williams). There was no run available for Mr McDowell who attempted to “force a run” on his outside. Mr McDowell continued to come out and LIVELY TINTARA went into a break.
Mr Edmonds told the Committee that Mr McDowell was looking for a run, came out underneath him, touched a leg and LIVELY TINTARA broke. Mr McIntyre pointed out that, wider on the track, TYRON’S ALIVE (R T May) had to move slightly wider on the track to avoid the breaking LIVELY TINTARA. The leaders had got away at that point and Mr McDowell, in looking for a run, had come out too far resulting in LIVELY TINTARA going off stride and continuing in a break to the finishing line, Mr McIntyre said. The Committee noted that LIVELY TINTARA finished in 12th placing.
Mr McDowell said that he had made contact when he came out. He explained that the mare raced with a pole on the near side and tended to “flick” her head and run away from it in the straight. She had ducked her head away from the pole when she came out, Mr McDowell said.
Mr Edmonds was asked by the Committee whether the chances of his horse had been affected in the incident. He was clear in his reply that his chances had not been affected – he may have finished 10th instead of 12th, he said.
Mr McIntyre, in response to a question from the Committee, stated that initially there was no room for Mr McDowell to come out but a run did present itself and, he pointed out on the video replay, Mr McDowell was in the clear with an unobstructed run to the line. He did not cause interference to gain a run, Mr McIntyre said. His horse had just shifted further up the track. In response to a further question, Mr McIntyre said that he accepted that LIVELY TINTARA had been under a drive 50 metres prior to the incident and did not appear to be making any ground.
Reasons for Decision:
The Committee needed to determine, firstly, whether any interference had been caused to LIVELY TINTARA by JUNIPER BROMAC with approximately 150 metres to run, when JUNIPER BROMAC shifted out and came into contact with LIVELY TINTARA, resulting in the latter runner going off stride and continuing in a gallop to the finishing line, losing all chance. The Committee was comfortably satisfied that this did amount to interference.
Having found that interference took place, the Committee needed to next address the issue of whether the chances or progress of LIVELY TINTARA were affected as a result of that interference. In this regard, the evidence of Mr Edmonds was compelling. He stated, with some conviction, that any interference received had no bearing on his final placing. The Committee noticed that LIVELY TINTARA finished in 12th placing and some 19.5 lengths from the winner. The evidence of Mr Edmonds was borne out by the video evidence, in the view of the Committee. It was quite apparent that, at the point where the interference took place, LIVELY TINTARA was racing towards the rear of the field and was not making any significant progress. In the circumstances, the Committee was satisfied that it was appropriate to exercise its discretion not to relegate JUMIPER BROMAC.
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: 13e4c7381485ef56fc55ad67a3f4a327
informantnumber: A5270
horsename: Juniper Bromac
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/07/2012
hearing_title: Ashburton TC 13 July 2012 - R 6 (instigating a protest)
charge:
facts:
Following the running of Race 6, The Breeders Golden Girls Series Heat 2 Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against JUNIPER BROMAC (C McDowell), placed 4th by the judge, on the ground that it caused interference to LIVELY TINTARA (M P Edmonds), placed 12th by the judge, “when racing past the 150 metres”.
Mr C McDowell, driver of JUNIPER BROMAC, was present at the hearing of the information and he indicated that he was representing the connections of that horse in 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr R A Quirk, Stipendiary Steward, pointed out the two horses on a video replay of the incident inside the final 200 metres of the race. JUNIPER BROMAC was racing on the inside of LIVELY TINTARA at that stage, and behind HIGHLY DELIGHTED (T M Williams). There was no run available for Mr McDowell who attempted to “force a run” on his outside. Mr McDowell continued to come out and LIVELY TINTARA went into a break.
Mr Edmonds told the Committee that Mr McDowell was looking for a run, came out underneath him, touched a leg and LIVELY TINTARA broke. Mr McIntyre pointed out that, wider on the track, TYRON’S ALIVE (R T May) had to move slightly wider on the track to avoid the breaking LIVELY TINTARA. The leaders had got away at that point and Mr McDowell, in looking for a run, had come out too far resulting in LIVELY TINTARA going off stride and continuing in a break to the finishing line, Mr McIntyre said. The Committee noted that LIVELY TINTARA finished in 12th placing.
Mr McDowell said that he had made contact when he came out. He explained that the mare raced with a pole on the near side and tended to “flick” her head and run away from it in the straight. She had ducked her head away from the pole when she came out, Mr McDowell said.
Mr Edmonds was asked by the Committee whether the chances of his horse had been affected in the incident. He was clear in his reply that his chances had not been affected – he may have finished 10th instead of 12th, he said.
Mr McIntyre, in response to a question from the Committee, stated that initially there was no room for Mr McDowell to come out but a run did present itself and, he pointed out on the video replay, Mr McDowell was in the clear with an unobstructed run to the line. He did not cause interference to gain a run, Mr McIntyre said. His horse had just shifted further up the track. In response to a further question, Mr McIntyre said that he accepted that LIVELY TINTARA had been under a drive 50 metres prior to the incident and did not appear to be making any ground.
reasonsfordecision:
The Committee needed to determine, firstly, whether any interference had been caused to LIVELY TINTARA by JUNIPER BROMAC with approximately 150 metres to run, when JUNIPER BROMAC shifted out and came into contact with LIVELY TINTARA, resulting in the latter runner going off stride and continuing in a gallop to the finishing line, losing all chance. The Committee was comfortably satisfied that this did amount to interference.
Having found that interference took place, the Committee needed to next address the issue of whether the chances or progress of LIVELY TINTARA were affected as a result of that interference. In this regard, the evidence of Mr Edmonds was compelling. He stated, with some conviction, that any interference received had no bearing on his final placing. The Committee noticed that LIVELY TINTARA finished in 12th placing and some 19.5 lengths from the winner. The evidence of Mr Edmonds was borne out by the video evidence, in the view of the Committee. It was quite apparent that, at the point where the interference took place, LIVELY TINTARA was racing towards the rear of the field and was not making any significant progress. In the circumstances, the Committee was satisfied that it was appropriate to exercise its discretion not to relegate JUMIPER BROMAC.
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid in accordance with the judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: M P Edmonds, Licensed Open Horseman, R A Quirk, Stipendiary Steward
Respondent: C McDowell, Licensed Graduation Driver
StipendSteward:
raceid: 7ed66b3ccc287735cc42e2b45957af81
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: 1ae6ec1eb4a57781b56fc76b4cdcbced
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/07/2012
meet_title: Ashburton TC - 13 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Ashburton TC