Timaru HRC 15 December 2011 – R 10 (instigating a protest)
ID: JCA11322
Meet Title:
Timaru HRC - 15 December 2011
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/12/15
Race Number:
R10
Decision:
The protest was upheld, and “HANNAH JAYE” was disqualified from 2nd place.
The amended places are as follows:
1st - ELUSIVE CHICK (1)
2nd - PEMBERTON SHARD (8)
3rd - BLAZING BRACLET (9)
4th - ANVILS LIFESIGN (4)
5th - STRANDHILL (7)
6th - RAJA BROMAC (3)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 10, the Lis Mara Mobile Pace, an Information instigating a Protest was filed by Stipendiary Steward, Mr NG McIntyre alleging interference by “HANNAH JAYE” (5), driven by Mr CD Thornley, placed 2nd by the Judge, to “ANVILS LIFESIGN” (4), driven by Mr GD Smith, and causing severe checks to several runners including” LOW ON WINE”(2) driven by Mr PT Court and “KAHUS LEGACY”(6) driven by Mr M Evans who fell.
The Judges placings in this race were as follows:
1st - ELUSIVE CHICK (1)
2nd - HANNAH JAYE (5)
3rd - PEMBERTON SHARD (8)
4th - BLAZING BRACLET (9)
5th - ANVILS LIFESIGN (4)
6th - STRANDHILL (7)
The Information reads as follows:
“That horse number 5, or its driver, placed 2nd by the Judge, interfered with the chances of horse numbers 6 and 2, who were unplaced by the Judge and did not complete the event, as detailed below;
“In that at about the 1100m HANNAH JAYE shifted inwards checking ANVILS LIFESIGN causing severe checks to several runners including LOW ON WINE and KAHUS LEGACY who fell.”
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 “HANNAH JAYE” were represented at this hearing by Mr CD Thornley who agreed that he understood the Rule and the nature of the protest.
Submissions for Decision:
Video coverage of this incident was shown by Mr McIntyre to illustrate that near the 1300m, HANNAH JAYE had progressed to the parked out position when the horse shifted outwards abruptly and appeared to be heading for the stable entrance gate. Shortly afterwards, HANNAH JAYE, when being driven forward to take the lead from ANVILS LIFESIGN on the bend out of the straight, near the 1100m, shifted inwards abruptly when not clear. This caused ANVILS LIFESIGN to break causing interference to ELUSIVE CHICK driven by Mr CJ De Filippi, which in turn caused interference to LOW ON WINE and KAHUS LEGACY and as a result both drivers were dislodged from their sulkies.
Mr McIntyre submitted that the Stewards were seeking the disqualification of HANNAH JAYE.
Mr Thornley submitted to the Committee that HANNAH JAYE was racing greenly at the time of the incident and despite his best endeavours caused the interference. He also submitted that the protest was not contested.
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 “ANVILS LIFESIGN” had to take evasive action and check near the 1100m due to “HANNAHS JAYE”, shifting in abruptly. We are also satisfied that this interference resulted in “ANVILS LIFESIGN” breaking with the resultant interference causing both” LOW ON WINE” and” KAHUS LEGACY” to lose their respective drivers.
We also took into consideration Mr Thornley’s submission that the protest was not contested.
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: 2428596322e05d4602031139406b9ea1
informantnumber: A5332
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/12/2011
hearing_title: Timaru HRC 15 December 2011 - R 10 (instigating a protest)
charge:
facts:
Following the running of Race 10, the Lis Mara Mobile Pace, an Information instigating a Protest was filed by Stipendiary Steward, Mr NG McIntyre alleging interference by “HANNAH JAYE” (5), driven by Mr CD Thornley, placed 2nd by the Judge, to “ANVILS LIFESIGN” (4), driven by Mr GD Smith, and causing severe checks to several runners including” LOW ON WINE”(2) driven by Mr PT Court and “KAHUS LEGACY”(6) driven by Mr M Evans who fell.
The Judges placings in this race were as follows:
1st - ELUSIVE CHICK (1)
2nd - HANNAH JAYE (5)
3rd - PEMBERTON SHARD (8)
4th - BLAZING BRACLET (9)
5th - ANVILS LIFESIGN (4)
6th - STRANDHILL (7)
The Information reads as follows:
“That horse number 5, or its driver, placed 2nd by the Judge, interfered with the chances of horse numbers 6 and 2, who were unplaced by the Judge and did not complete the event, as detailed below;
“In that at about the 1100m HANNAH JAYE shifted inwards checking ANVILS LIFESIGN causing severe checks to several runners including LOW ON WINE and KAHUS LEGACY who fell.”
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 “HANNAH JAYE” were represented at this hearing by Mr CD Thornley who agreed that he understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Video coverage of this incident was shown by Mr McIntyre to illustrate that near the 1300m, HANNAH JAYE had progressed to the parked out position when the horse shifted outwards abruptly and appeared to be heading for the stable entrance gate. Shortly afterwards, HANNAH JAYE, when being driven forward to take the lead from ANVILS LIFESIGN on the bend out of the straight, near the 1100m, shifted inwards abruptly when not clear. This caused ANVILS LIFESIGN to break causing interference to ELUSIVE CHICK driven by Mr CJ De Filippi, which in turn caused interference to LOW ON WINE and KAHUS LEGACY and as a result both drivers were dislodged from their sulkies.
Mr McIntyre submitted that the Stewards were seeking the disqualification of HANNAH JAYE.
Mr Thornley submitted to the Committee that HANNAH JAYE was racing greenly at the time of the incident and despite his best endeavours caused the interference. He also submitted that the protest was not contested.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “ANVILS LIFESIGN” had to take evasive action and check near the 1100m due to “HANNAHS JAYE”, shifting in abruptly. We are also satisfied that this interference resulted in “ANVILS LIFESIGN” breaking with the resultant interference causing both” LOW ON WINE” and” KAHUS LEGACY” to lose their respective drivers.
We also took into consideration Mr Thornley’s submission that the protest was not contested.
Taking all the above matters into account we decided that this protest should be upheld.
Decision:
The protest was upheld, and “HANNAH JAYE” was disqualified from 2nd place.
The amended places are as follows:
1st - ELUSIVE CHICK (1)
2nd - PEMBERTON SHARD (8)
3rd - BLAZING BRACLET (9)
4th - ANVILS LIFESIGN (4)
5th - STRANDHILL (7)
6th - RAJA BROMAC (3)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(Instigating a Protest)
Informant: NG McIntyre-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: PR Molloy-Licensed Trainer, CD Thornley-Open Horseman
StipendSteward:
raceid: 7ad1b2d5566f1ce5ce32a2726ba62179
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 961c077e5ea3c389d2333e08ff154671
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/12/2011
meet_title: Timaru HRC - 15 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Timaru HRC