Auckland TC 27 January 2012 – R 5 (instigating a protest)
ID: JCA11165
Meet Title:
Auckland TC - 27 January 2012
Meet Chair:
JHolloway
Meet Committee Member 1:
PWilliams
Race Date:
2012/01/27
Race Number:
R5
Decision:
The Committee ordered the relegation of Lisart to third place immediately behind Stunnin Banner which is promoted to second.
The judges' placings as altered are:
1st 4 Shardons Operator
2nd 5 Stunin Banner
3rd 3 Lisart
4th 9 Millionare
5th 2 Willis James
6th 1 Alfie Maguire
Payment of dividends on the amended placings was authorised.
Facts:
Mr Muirhead lodged a protest following race five on behalf of the connections of the third placed horse Stunin Banner (P Ferguson) against the second placed horse Lisart (A Herlihy) on the grounds of interference which occurred with approximately 200 metres to run and again with about 100 metres to run. He also referred the committee to the provisions of the Passing Lanes/Home Straight regulations.
The Judges placings were as follows:
1st 4 Shardons Operator
2nd 3 Lisart
3rd 5 Stunin Banner
4th 9 Millionare
5th 2 Willis James
6th 1 Alfie Maguire
Mr Herlihy driver trainer of Lisart appeared for the hearing and confirmed he wished to challenge the protest. Mr Ferguson appeared to represent the connections of Stunin Banner. The owner of Lisart elected not to attend the hearing.
Submissions for Decision:
Mr Muirhead referred the hearing to video footage of the closing stages of the race and identified the relevant runners. He told the hearing that the margin between second and third was by the narrowest of margins and the width of the cursor line on the judges' photograph had separated them.
As the horses were approaching the passing line Lisart was in the lead on the running line with Mr Ferguson outside him on Stunin Banner. Mr Herlihy ran out possibly a sulky width and contacted Mr Ferguson's sulky. Grit was kicking up from the sulky wheels of Mr Herlihy indicating pressure from his outwards movement against Mr Ferguson's sulky. Mr Herlihy straightened and whipped his horse which again ducked out and again came into contact with Mr Ferguson.
Mr Ferguson was attempting to drive his horse but was unable to progress with the pressure from the horse inside of him. From the head on footage Mr Ferguson was trying to move his horse out from Mr Herlihy and his horse did not run in at any stage. Mr Muirhead explained that no blame could be attributed to the driving of Mr Herlihy but rather his horse which had reacted and ducked out possibly through use of the whip.
Mr Ferguson confirmed that his momentum has been slowed twice by the contact with Mr Herlihy. He had been going better that Mr Herlihy and there may not have been a lot in it at the end anyway but he certainly couldn't keep his horse going forward. His chances had definitely been affected.
Mr Herlihy confirmed he was not holding a straight line. The two horses both had their opportunity and he may have caused himself more hindrance than that to Mr Ferguson. They had not locked stays and Mr Ferguson had his opportunity to go forward and get past him. Both horses had their chances and Mr Ferguson had never stopped driving his horse.
Reasons for Decision:
The Committee in arriving at its decision took into account the evidence given by both drivers, the interpretation of the final stages of the race described by Mr Muirhead and the video footage presented from the various angles.
It was clear that Mr Herlihy driving Lisart had failed to maintain a straight line in the run home in breach of the Home Straight Regulations.
In moving out almost a sulky width near the two hundred metre mark he had contacted the sulky of Stunin Banner driven by Mr Ferguson. This and further contact with 100 metres to run had caused Stunin Banner to lose momentum and effectively extinguished his chances of finishing in second place. There was clearly interference to Mr Ferguson and Stunin Banner.
The Judges' separation of the second and third horses was by the barest discernible margin.
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: 1f9b7279ddd53940cd4395f8c5ac8b47
informantnumber: 13424
horsename: LISART
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/01/2012
hearing_title: Auckland TC 27 January 2012 - R 5 (instigating a protest)
charge:
facts:
Mr Muirhead lodged a protest following race five on behalf of the connections of the third placed horse Stunin Banner (P Ferguson) against the second placed horse Lisart (A Herlihy) on the grounds of interference which occurred with approximately 200 metres to run and again with about 100 metres to run. He also referred the committee to the provisions of the Passing Lanes/Home Straight regulations.
The Judges placings were as follows:
1st 4 Shardons Operator
2nd 3 Lisart
3rd 5 Stunin Banner
4th 9 Millionare
5th 2 Willis James
6th 1 Alfie Maguire
Mr Herlihy driver trainer of Lisart appeared for the hearing and confirmed he wished to challenge the protest. Mr Ferguson appeared to represent the connections of Stunin Banner. The owner of Lisart elected not to attend the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead referred the hearing to video footage of the closing stages of the race and identified the relevant runners. He told the hearing that the margin between second and third was by the narrowest of margins and the width of the cursor line on the judges' photograph had separated them.
As the horses were approaching the passing line Lisart was in the lead on the running line with Mr Ferguson outside him on Stunin Banner. Mr Herlihy ran out possibly a sulky width and contacted Mr Ferguson's sulky. Grit was kicking up from the sulky wheels of Mr Herlihy indicating pressure from his outwards movement against Mr Ferguson's sulky. Mr Herlihy straightened and whipped his horse which again ducked out and again came into contact with Mr Ferguson.
Mr Ferguson was attempting to drive his horse but was unable to progress with the pressure from the horse inside of him. From the head on footage Mr Ferguson was trying to move his horse out from Mr Herlihy and his horse did not run in at any stage. Mr Muirhead explained that no blame could be attributed to the driving of Mr Herlihy but rather his horse which had reacted and ducked out possibly through use of the whip.
Mr Ferguson confirmed that his momentum has been slowed twice by the contact with Mr Herlihy. He had been going better that Mr Herlihy and there may not have been a lot in it at the end anyway but he certainly couldn't keep his horse going forward. His chances had definitely been affected.
Mr Herlihy confirmed he was not holding a straight line. The two horses both had their opportunity and he may have caused himself more hindrance than that to Mr Ferguson. They had not locked stays and Mr Ferguson had his opportunity to go forward and get past him. Both horses had their chances and Mr Ferguson had never stopped driving his horse.
reasonsfordecision:
The Committee in arriving at its decision took into account the evidence given by both drivers, the interpretation of the final stages of the race described by Mr Muirhead and the video footage presented from the various angles.
It was clear that Mr Herlihy driving Lisart had failed to maintain a straight line in the run home in breach of the Home Straight Regulations.
In moving out almost a sulky width near the two hundred metre mark he had contacted the sulky of Stunin Banner driven by Mr Ferguson. This and further contact with 100 metres to run had caused Stunin Banner to lose momentum and effectively extinguished his chances of finishing in second place. There was clearly interference to Mr Ferguson and Stunin Banner.
The Judges' separation of the second and third horses was by the barest discernible margin.
Decision:
The Committee ordered the relegation of Lisart to third place immediately behind Stunnin Banner which is promoted to second.
The judges' placings as altered are:
1st 4 Shardons Operator
2nd 5 Stunin Banner
3rd 3 Lisart
4th 9 Millionare
5th 2 Willis James
6th 1 Alfie Maguire
Payment of dividends on the amended placings was authorised.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869,Causing interference & Passing Lanes/False Rails and Home Straight Regulations
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr P Ferguson - Driver of STUNIN BANNER, Mr A Herlihy - Driver/Trainer of LISART
StipendSteward:
raceid: 5fc3ba5ce05e821e8e89c9e4a8039cb4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7924cfad7dd2867dd2a5435845407ea5
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2012
meet_title: Auckland TC - 27 January 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "301", "Total": "186.62", "kmprice": 186.62, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: PWilliams
meet_pm2: none
name: Auckland TC