Kurow TC 5 August 2012 – R 5 (instigating a protest)
ID: JCA11499
Meet Title:
Kurow TC - 5 August 2012
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2012/08/05
Race Number:
R5
Decision:
In these circumstances the placings are as called by the Judge. Stakes and dividends are to be paid accordingly.
Facts:
Mr Renault, stipendiary steward, protested against the 2nd placed horse NICKY’S PASSION, driven by Mr G O’Reilly, in that with 300 metres to run NICKY’S PASSION had shifted outwards and had come into contact with the hind leg of RED AND BLACK causing RED AND BLACK to gallop and lose its chance.
The Judge’s placings were:
1ST 5 LIVELY SHARD
2ND 1 NICKY’S PASSION
3RD 7 CHAL FIRE
4TH 9 FORMIDABLE
Submissions for Decision:
Mr Renault demonstrated on the videos that as the horses turned for home there was contact between the hind leg of RED AND BLACK and the cart of NICKY’S PASSION. NICKY’S PASSION was trailing LIVELY SHARD at the time and RED AND BLACK was racing to the outer and slightly behind NICKY’S PASSION. Mr Renault accepted that the outwards movement from NICKY’S PASSION was minor and he emphasised that the video evidence was inconclusive. He said that RED AND BLACK had lost all chance as a consequence of it galloping.
Mr Barron, the driver of RED AND BLACK said he believed that NICKY’S PASSION had come back on to his horse rather than that horse moving outwards. He demonstrated that NICKY’S PASSION appeared to baulk when Mr Smith pulled the plugs on the leading horse, LIVELY SHARD. Mr Barron questioned whether Mr O’Reilly, the driver of NICKY’S PASSION, was at fault.
Mr O’Reilly said that he never shifted wider on the track. He agreed with Mr Barron that his horse had baulked when the plugs were removed on LIVELY SHARD and that his horse had taken fright. He believed he had not caused any interference to RED AND BLACK.
Reasons for Decision:
In exercising our discretion and dismissing the protest we are satisfied that there was contact between the leg of RED AND BLACK and the cart of NICKY’S PASSION as alleged by Mr Renault. However, he is correct when he states the videos are inconclusive as to whether there is any outwards movement by NICKY’S PASSION, although it is evident that that horse lost momentum briefly at this point in the race. Both Mr Barron and Mr O’Reilly are clear in their evidence that there was no outwards movement by NICKY’S PASSION. We are satisfied the contact can be attributed to a raceday incident, the responsibility for which could not be sheeted home solely to Mr O’Reilly or NICKY’S PASSION.
JCA Decision Fields (raw)
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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: 29bde2c0f51f936bd47617c0865e40b1
informantnumber: 1806
horsename: NICKY’S PASSION
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/07/2012
hearing_title: Kurow TC 5 August 2012 - R 5 (instigating a protest)
charge:
facts:
Mr Renault, stipendiary steward, protested against the 2nd placed horse NICKY’S PASSION, driven by Mr G O’Reilly, in that with 300 metres to run NICKY’S PASSION had shifted outwards and had come into contact with the hind leg of RED AND BLACK causing RED AND BLACK to gallop and lose its chance.
The Judge’s placings were:
1ST 5 LIVELY SHARD
2ND 1 NICKY’S PASSION
3RD 7 CHAL FIRE
4TH 9 FORMIDABLE
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault demonstrated on the videos that as the horses turned for home there was contact between the hind leg of RED AND BLACK and the cart of NICKY’S PASSION. NICKY’S PASSION was trailing LIVELY SHARD at the time and RED AND BLACK was racing to the outer and slightly behind NICKY’S PASSION. Mr Renault accepted that the outwards movement from NICKY’S PASSION was minor and he emphasised that the video evidence was inconclusive. He said that RED AND BLACK had lost all chance as a consequence of it galloping.
Mr Barron, the driver of RED AND BLACK said he believed that NICKY’S PASSION had come back on to his horse rather than that horse moving outwards. He demonstrated that NICKY’S PASSION appeared to baulk when Mr Smith pulled the plugs on the leading horse, LIVELY SHARD. Mr Barron questioned whether Mr O’Reilly, the driver of NICKY’S PASSION, was at fault.
Mr O’Reilly said that he never shifted wider on the track. He agreed with Mr Barron that his horse had baulked when the plugs were removed on LIVELY SHARD and that his horse had taken fright. He believed he had not caused any interference to RED AND BLACK.
reasonsfordecision:
In exercising our discretion and dismissing the protest we are satisfied that there was contact between the leg of RED AND BLACK and the cart of NICKY’S PASSION as alleged by Mr Renault. However, he is correct when he states the videos are inconclusive as to whether there is any outwards movement by NICKY’S PASSION, although it is evident that that horse lost momentum briefly at this point in the race. Both Mr Barron and Mr O’Reilly are clear in their evidence that there was no outwards movement by NICKY’S PASSION. We are satisfied the contact can be attributed to a raceday incident, the responsibility for which could not be sheeted home solely to Mr O’Reilly or NICKY’S PASSION.
Decision:
In these circumstances the placings are as called by the Judge. Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr S Renault, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr K Barron, Licensed Horseman
Respondent: Mr G O'Reilly, Licensed Horseman
StipendSteward:
raceid: d855463db67130a14fea116038b69708
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: 6b13c051bf37e01cdb1d52198fb7afc8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/08/2012
meet_title: Kurow TC - 5 August 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kurow-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Kurow TC