Franklin TC 5 March 2013 – R 3 (instigating a protest)
ID: JCA11245
Meet Title:
Franklin TC - 5 March 2013
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2013/03/05
Race Number:
R3
Decision:
The Protest is upheld and horse number 1 TINA BRYDON is relegated from 2nd place to 5th place behind horse number 9 LEICA ROSE.
The placings are now : First 2 SOUL HANOVER
Second 5 VENGEANCE
Third 4 GOD BLESSED
Fourth 9 LEICA ROSE
Fifth 1 TINA BRYDON
It was ordered that Dividends and Stakes be paid according to the amended placings.
Facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against the 2nd placing of TINA BRYDON (Driver S Abernethy) on the grounds of interference near the 50 metres mark when TINA BRYDON checked LEICA ROSE which broke.
Messrs Grayling and Brosnan confirmed to the Committee that they represented the connections of their horses.
Mr Grayling advised the Committee that the Protest was contested.
Mr Muirhead demonstrated the incident by use of the video films. He showed where GOD BLESSED led into the straight followed by TINA BRYDON and the LEICA ROSE behind it. He said Mr Abernethy did not immediately take the Passing Lane and that there was room for Mr Brosnan's horse and he moved into the Passing Lane. He then showed where the front legs of LEICA ROSE were inside Mr Abernethy's sulky and then he moved down and interfered with LEICA ROSE causing it to break.
Mr Muirhead said it was a single Passing Lane and Mr Brosnan was already there when Mr Abernethy moved.
Mr Brosnan said that as Mr Abernethy did not go straight into the Passing Lane then he did. He said it was a 60/40 call but his horse's legs were up inside Mr Abernethy's sulky wheel when he moved. In answer to a question from the Committee he said he did not call out to Mr Abernethy and in answer to a further question he said his horses front legs came into contact with Mr Abernethy's sulky and this caused it to break.
Mr Butcher on behalf of Mr Abernethy said that he was a little slow to move into the Passing Lane and that Mr Brosnan had taken a gamble and had moved first. He said that there was no malice on Mr Abernethy's part and it was just racing.
Mr Abernethy said his horse was a bit slow to react and he said that GOD BLESSED in front of him had moved in slightly at the time.
Mr Grayling said that when Mr Brosnan's horse galloped it had room and that any interference happened further on.
In summary Mr Muirhead said that Mr Abernethy said he could see the front legs of Mr Brosnan's horse inside him. Mr Abernethy then said Mr Brosnan had hit his wheel and the disc had broken off.
Submissions for Decision:
Mr Muirhead said that Mr Brosnan had rights to the Passing Lane because Mr Abernethy had not moved into it. He said Mr Abernethy reacted too late and had moved when he shouldn't have and as a result caused interference.
Messrs Butcher and Abernethy said that Mr Abernethy's horse was slow to react and that Mr Abernethy was always going to take the Passing Lane and that Mr Brosnan had taken a risk by moving there first.
Reasons for Decision:
After listening to the evidence put before it the Committee viewed the films again. They show the incident clearly and show that Mr Abernethy did not take the Passing Lane initially and accordingly there was sufficient room for Mr Brosnan to move into it. After he had moved Mr Abernethy then moved and as a result LEICA ROSE was crowded for room and there was contact and it broke at a vital stage of the Race.
In our view as a result of the interference not only was the progress of LEICA ROSE interfered with but its chances were affected and accordingly the elements of Rules 869(4) and 869(8) have been satisfied.
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: 18510c6c802090321055e48bc5e98077
informantnumber: A4634
horsename: TINA BRYDON
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/02/2013
hearing_title: Franklin TC 5 March 2013 - R 3 (instigating a protest)
charge:
facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against the 2nd placing of TINA BRYDON (Driver S Abernethy) on the grounds of interference near the 50 metres mark when TINA BRYDON checked LEICA ROSE which broke.
Messrs Grayling and Brosnan confirmed to the Committee that they represented the connections of their horses.
Mr Grayling advised the Committee that the Protest was contested.
Mr Muirhead demonstrated the incident by use of the video films. He showed where GOD BLESSED led into the straight followed by TINA BRYDON and the LEICA ROSE behind it. He said Mr Abernethy did not immediately take the Passing Lane and that there was room for Mr Brosnan's horse and he moved into the Passing Lane. He then showed where the front legs of LEICA ROSE were inside Mr Abernethy's sulky and then he moved down and interfered with LEICA ROSE causing it to break.
Mr Muirhead said it was a single Passing Lane and Mr Brosnan was already there when Mr Abernethy moved.
Mr Brosnan said that as Mr Abernethy did not go straight into the Passing Lane then he did. He said it was a 60/40 call but his horse's legs were up inside Mr Abernethy's sulky wheel when he moved. In answer to a question from the Committee he said he did not call out to Mr Abernethy and in answer to a further question he said his horses front legs came into contact with Mr Abernethy's sulky and this caused it to break.
Mr Butcher on behalf of Mr Abernethy said that he was a little slow to move into the Passing Lane and that Mr Brosnan had taken a gamble and had moved first. He said that there was no malice on Mr Abernethy's part and it was just racing.
Mr Abernethy said his horse was a bit slow to react and he said that GOD BLESSED in front of him had moved in slightly at the time.
Mr Grayling said that when Mr Brosnan's horse galloped it had room and that any interference happened further on.
In summary Mr Muirhead said that Mr Abernethy said he could see the front legs of Mr Brosnan's horse inside him. Mr Abernethy then said Mr Brosnan had hit his wheel and the disc had broken off.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said that Mr Brosnan had rights to the Passing Lane because Mr Abernethy had not moved into it. He said Mr Abernethy reacted too late and had moved when he shouldn't have and as a result caused interference.
Messrs Butcher and Abernethy said that Mr Abernethy's horse was slow to react and that Mr Abernethy was always going to take the Passing Lane and that Mr Brosnan had taken a risk by moving there first.
reasonsfordecision:
After listening to the evidence put before it the Committee viewed the films again. They show the incident clearly and show that Mr Abernethy did not take the Passing Lane initially and accordingly there was sufficient room for Mr Brosnan to move into it. After he had moved Mr Abernethy then moved and as a result LEICA ROSE was crowded for room and there was contact and it broke at a vital stage of the Race.
In our view as a result of the interference not only was the progress of LEICA ROSE interfered with but its chances were affected and accordingly the elements of Rules 869(4) and 869(8) have been satisfied.
Decision:
The Protest is upheld and horse number 1 TINA BRYDON is relegated from 2nd place to 5th place behind horse number 9 LEICA ROSE.
The placings are now : First 2 SOUL HANOVER
Second 5 VENGEANCE
Third 4 GOD BLESSED
Fourth 9 LEICA ROSE
Fifth 1 TINA BRYDON
It was ordered that Dividends and Stakes be paid according to the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(4) and 869(8)(a) &(b)and Passing Lane Regulations
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: S Abernethy Driver of TINA BRYDON, Mr P Butcher - Horseman supporting Mr Abernethy, Mr A Grayling -Trainer of TINA BRYDON
Respondent: Mr A Grayling - Trainer of TINA BRYDON
StipendSteward:
raceid: 98ce735b0e5c8406dc07358d5ea19f16
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b4f916e70346ac44967a4013174372dc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/03/2013
meet_title: Franklin TC - 5 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Franklin TC