Waimate Trotting Club 16 December 2012 – R 4 (instigating a protest)
ID: JCA11265
Meet Title:
Waimate TC - 16 December 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/12/16
Race Number:
R4
Decision:
The protest was upheld, and PINOT GRIS was relegated from 3rd to 11th place. The amended places are as follows:
1st HUDSON SULLY (3)
2nd ARDEN’S ATTACK (7)
3rd DESIRE MHE (8)
4th DELIGHTFUL SONG (6)
5th MCPADDEN (13)
6th MULLINGAR MAC (9)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 4, the Bush Inn & Bishopdale TABs Amateur Drivers Mobile Pace, an Information instigating a Protest was filed by Stipendiary Steward Mr S Wallis alleging interference by “PINOT GRIS” (2), driven by Mr G Cook, placed 3rd by the Judge, to “MASTER LACHLAN” (1), Ms S Blake, ”BARBERINO’(10) Mr J McDermott, “DELMA’S MCCARDLE”(11), Ms L Beagley and “MCPADDEN”(13), Mr R Burnett, into the first bend.
The Judges' placings in this race were as follows:
1st HUDSON SULLY (3)
2nd ARDEN’S ATTACK (7)
3rd PINOT GRIS (2)
4thDESIRE MHE (7)
5th DELIGHTFUL SONG (6)
6th MCPADDEN (13)
The Information reads as follows:
“That horse number 2, or its driver, placed 3rd by the Judge, interfered with the chances of horse number 11, who was placed 11th by the Judge.
“In that “PINOT GRIS” galloped into the first bend checking “MASTER LACHLAN”, “BARBERINO”,”MCPADDEN” and “DELMA’S MCCARDLE” which caused “DELMA’S MCCARDLE” to gallop losing ground.”
Rule 869(8) provides as follows:
“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.
The connections of “PINOT GRIS” were represented at this hearing by Mr G Cook who agreed that he understood the Rule and the nature of the protest.
Submissions for Decision:
Video evidence of this incident was shown by Mr Wallis to illustrate that near the 2300m, PINOT GRIS, when in the lead, had galloped into the first bend and when losing ground came back on MASTER LACHLAN who in turn came back onto the trailing runners BARBERINO, DELMA’S MCCARDLE and MCPADDEN. Mr Wallis stated that both MASTER LACHLAN and BARBERINO were held up before sufficient room allowed them both to improve past PINOT GRIS. Mr Wallis also stated that DELMA’S MCCARDLE had broken and lost all chance with MCPADDEN breaking momentarily. In evidence Ms Beagley, DELMA’S MCCARDLE, stated that her horse had freshened since its last start and was travelling well when the interference occurred, which caused her to lose considerable ground and adversely affected her chances. She also stated that she was aware of the breaking horse ahead just before the incident occurred but did not have room to manoeuvre out of the way of the horses coming back on her. Ms Blake, MASTER LACHLAN, stated that there wasn’t sufficient room initially to avoid the breaking PINOT GRIS and she had to steady before gaining enough room to go around PINOT GRIS. Mr McDermott, BARBERINO, stated that the chain reaction effect from the breaking PINOT GRIS, caused MASTER LACHLAN to come back onto BARBERINO and in turn BARBERINO had to steady back into the path of MCPADDEN. Mr McDermott, in answering a question from the Committee, stated that he was neutral on whether there was enough room on the outside of PINOT GRIS initially for MASTER LACHLAN to improve past. Mr Burnett, MCPADDEN, stated that he did not notice the breaking horse until DELMA’S MCCARDLE broke in front of him causing his horse to break momentarily.
Mr Cook submitted that the trailing runner, MASTER LACHLAN, was 3 lengths behind PINOT GRIS when that horse broke and began to lose ground. Mr Cook contended that there was plenty of time for the trailing runners to react and avoid the breaking PINOT GRIS.
Mr Wallis submitted that the Stewards were seeking the relegation of PINOT GRIS to 11th placing behind DELMA’S MCCARDLE.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that MASTER LACHLAN had to be steadied and take evasive action to avoid the breaking PINOT GRIS. We are also satisfied that there was not sufficient room initially for MASTER LACHLAN to improve past and relieve the situation. We are further satisfied that this interference resulted in the trailing runners being checked and as a result DELMA’S MCCARDLE broke and lost all chance.
Taking all the above matters into account we decided that this protest should be upheld.
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: 1ad79611acf71a04e6691d62aa290fca
informantnumber: A1854
horsename: Pinot Gris
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/12/2012
hearing_title: Waimate Trotting Club 16 December 2012 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, the Bush Inn & Bishopdale TABs Amateur Drivers Mobile Pace, an Information instigating a Protest was filed by Stipendiary Steward Mr S Wallis alleging interference by “PINOT GRIS” (2), driven by Mr G Cook, placed 3rd by the Judge, to “MASTER LACHLAN” (1), Ms S Blake, ”BARBERINO’(10) Mr J McDermott, “DELMA’S MCCARDLE”(11), Ms L Beagley and “MCPADDEN”(13), Mr R Burnett, into the first bend.
The Judges' placings in this race were as follows:
1st HUDSON SULLY (3)
2nd ARDEN’S ATTACK (7)
3rd PINOT GRIS (2)
4thDESIRE MHE (7)
5th DELIGHTFUL SONG (6)
6th MCPADDEN (13)
The Information reads as follows:
“That horse number 2, or its driver, placed 3rd by the Judge, interfered with the chances of horse number 11, who was placed 11th by the Judge.
“In that “PINOT GRIS” galloped into the first bend checking “MASTER LACHLAN”, “BARBERINO”,”MCPADDEN” and “DELMA’S MCCARDLE” which caused “DELMA’S MCCARDLE” to gallop losing ground.”
Rule 869(8) provides as follows:
“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.
The connections of “PINOT GRIS” were represented at this hearing by Mr G Cook who agreed that he understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Video evidence of this incident was shown by Mr Wallis to illustrate that near the 2300m, PINOT GRIS, when in the lead, had galloped into the first bend and when losing ground came back on MASTER LACHLAN who in turn came back onto the trailing runners BARBERINO, DELMA’S MCCARDLE and MCPADDEN. Mr Wallis stated that both MASTER LACHLAN and BARBERINO were held up before sufficient room allowed them both to improve past PINOT GRIS. Mr Wallis also stated that DELMA’S MCCARDLE had broken and lost all chance with MCPADDEN breaking momentarily. In evidence Ms Beagley, DELMA’S MCCARDLE, stated that her horse had freshened since its last start and was travelling well when the interference occurred, which caused her to lose considerable ground and adversely affected her chances. She also stated that she was aware of the breaking horse ahead just before the incident occurred but did not have room to manoeuvre out of the way of the horses coming back on her. Ms Blake, MASTER LACHLAN, stated that there wasn’t sufficient room initially to avoid the breaking PINOT GRIS and she had to steady before gaining enough room to go around PINOT GRIS. Mr McDermott, BARBERINO, stated that the chain reaction effect from the breaking PINOT GRIS, caused MASTER LACHLAN to come back onto BARBERINO and in turn BARBERINO had to steady back into the path of MCPADDEN. Mr McDermott, in answering a question from the Committee, stated that he was neutral on whether there was enough room on the outside of PINOT GRIS initially for MASTER LACHLAN to improve past. Mr Burnett, MCPADDEN, stated that he did not notice the breaking horse until DELMA’S MCCARDLE broke in front of him causing his horse to break momentarily.
Mr Cook submitted that the trailing runner, MASTER LACHLAN, was 3 lengths behind PINOT GRIS when that horse broke and began to lose ground. Mr Cook contended that there was plenty of time for the trailing runners to react and avoid the breaking PINOT GRIS.
Mr Wallis submitted that the Stewards were seeking the relegation of PINOT GRIS to 11th placing behind DELMA’S MCCARDLE.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that MASTER LACHLAN had to be steadied and take evasive action to avoid the breaking PINOT GRIS. We are also satisfied that there was not sufficient room initially for MASTER LACHLAN to improve past and relieve the situation. We are further satisfied that this interference resulted in the trailing runners being checked and as a result DELMA’S MCCARDLE broke and lost all chance.
Taking all the above matters into account we decided that this protest should be upheld.
Decision:
The protest was upheld, and PINOT GRIS was relegated from 3rd to 11th place. The amended places are as follows:
1st HUDSON SULLY (3)
2nd ARDEN’S ATTACK (7)
3rd DESIRE MHE (8)
4th DELIGHTFUL SONG (6)
5th MCPADDEN (13)
6th MULLINGAR MAC (9)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(b)
Informant: Mr S Wallis-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Ms S Blake-Advanced Amateur Driver, Mr J McDermott-Advanced Amateur Driver, Ms L Beagley-Advanced Amateur Driver, Mr R Burnett-Advanced Amateur Driver
Respondent: Mr G Cook-Advanced Amateur Horseman
StipendSteward:
raceid: e0e0713e1103e2cd0519d15bade4ed50
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 16f4433bb89a2d11e84d59e114c76ade
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/12/2012
meet_title: Waimate TC - 16 December 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waimate-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Waimate TC