Marlborough HRC 15 January 2012 – R 7 (instigating a protest)
ID: JCA11565
Meet Title:
Marlborough HRC - 15 January 2012
Meet Chair:
JMillar
Meet Committee Member 1:
JPhelan
Race Date:
2012/01/15
Race Number:
R 7
Decision:
The protest was upheld, and “Cam Before The Storm” was relegated to 2nd position behind “Springsteen”. The amended places are as follows:
1st - Springsteen (4)
2nd - Cam Before The Storm (2)
3rd - Rhuben (11)
4th - Nikita Bromac (7)
5th - J’Adore Bromac (10)
6th – Little Tess (5)
Facts:
Information Instigating a Protest was filed by Stipendiary Steward N G McIntyre alleging interference by “Cam Before The Storm” (1), driven by Mr M Jones, to “Springsteen” (4), driven by Mr B N Orange.
The Judges placings in this race were as follows:
1st – Cam Before The Storm (1)
2nd - Springsteen (4)
3rd - Rhuben (11)
4th - Nikita Bromac (7)
5th - J’Adore Bromac (10)
6th - Little Tess (5)
The Information reads as follows;
“Cam Before The Storm shifted ground outwards onto Springsteen over the concluding stages resulting in driver B N Orange (Springsteen) having to check”
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 contact 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-
(c) immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby”
Submissions for Decision:
Stipendiary Steward Mr McIntyre used the race video to illustrate that about 100 metres before the finish of race 7, “Cam Before The Storm” ducked out when Mr Jones used his whip, causing “Springsteen” to lose momentum when checked for a couple of strides. He pointed out that Mr Jones’s sulky went in under the belly of Mr Orange’s horse, although Mr Jones had taken immediate steps to straighten his horse.
Mr Orange said that it appeared to him as if Mr Jones’s drive had shied at something and ducked out sharply. As a result he had to steady “Springsteen” for a couple of strides. In response to a question from Mr McIntyre, Mr Orange said he believed he had lost a good metre through the incident.
Mr McIntyre advised the panel that the winning margin by “Cam Before The Storm” over “Springsteen” was half a head.
Mr Jones said that his horse shied from the markers and as a consequence had moved out onto “Springsteen”. Mr Jones expressed an opinion that he believed the camera angle was misleading. That Mr Orange had had ample opportunity to recover and compete and that he never gained any ground on him.
Mr McIntyre made a submission that “Cam Before The Storm” should be relegated to 2nd behind “Springsteen” .
Reasons for Decision:
The evidence clearly established that “Cam Before The Storm” moved out at about the 100 metre mark causing “Springsteen” which had been travelling alongside to lose momentum for a couple of strides. In evidence Mr Orange the driver of “Springsteen” said he believed he had lost at least a metre in the incident. The margin between the two at the finish was half a head.
Mr Jones’ submission was that “Springsteen” had not at any stage got the measure of his horse, and had ample opportunity to recover and compete. We concurred with Mr Orange’s opinion that “Springsteen” lost at least a metre because of the incident. As a consequence, with the winning margin being half a head, we concluded that “Springsteen” had its progress and chance of winning the race significantly affected.
Accordingly we upheld the protest.
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: 1dc36317625b124f9345e83d985a9ec1
informantnumber: A5078
horsename: CAM BEFORE THE STORM
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/01/2012
hearing_title: Marlborough HRC 15 January 2012 - R 7 (instigating a protest)
charge:
facts:
Information Instigating a Protest was filed by Stipendiary Steward N G McIntyre alleging interference by “Cam Before The Storm” (1), driven by Mr M Jones, to “Springsteen” (4), driven by Mr B N Orange.
The Judges placings in this race were as follows:
1st – Cam Before The Storm (1)
2nd - Springsteen (4)
3rd - Rhuben (11)
4th - Nikita Bromac (7)
5th - J’Adore Bromac (10)
6th - Little Tess (5)
The Information reads as follows;
“Cam Before The Storm shifted ground outwards onto Springsteen over the concluding stages resulting in driver B N Orange (Springsteen) having to check”
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 contact 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-
(c) immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby”
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr McIntyre used the race video to illustrate that about 100 metres before the finish of race 7, “Cam Before The Storm” ducked out when Mr Jones used his whip, causing “Springsteen” to lose momentum when checked for a couple of strides. He pointed out that Mr Jones’s sulky went in under the belly of Mr Orange’s horse, although Mr Jones had taken immediate steps to straighten his horse.
Mr Orange said that it appeared to him as if Mr Jones’s drive had shied at something and ducked out sharply. As a result he had to steady “Springsteen” for a couple of strides. In response to a question from Mr McIntyre, Mr Orange said he believed he had lost a good metre through the incident.
Mr McIntyre advised the panel that the winning margin by “Cam Before The Storm” over “Springsteen” was half a head.
Mr Jones said that his horse shied from the markers and as a consequence had moved out onto “Springsteen”. Mr Jones expressed an opinion that he believed the camera angle was misleading. That Mr Orange had had ample opportunity to recover and compete and that he never gained any ground on him.
Mr McIntyre made a submission that “Cam Before The Storm” should be relegated to 2nd behind “Springsteen” .
reasonsfordecision:
The evidence clearly established that “Cam Before The Storm” moved out at about the 100 metre mark causing “Springsteen” which had been travelling alongside to lose momentum for a couple of strides. In evidence Mr Orange the driver of “Springsteen” said he believed he had lost at least a metre in the incident. The margin between the two at the finish was half a head.
Mr Jones’ submission was that “Springsteen” had not at any stage got the measure of his horse, and had ample opportunity to recover and compete. We concurred with Mr Orange’s opinion that “Springsteen” lost at least a metre because of the incident. As a consequence, with the winning margin being half a head, we concluded that “Springsteen” had its progress and chance of winning the race significantly affected.
Accordingly we upheld the protest.
Decision:
The protest was upheld, and “Cam Before The Storm” was relegated to 2nd position behind “Springsteen”. The amended places are as follows:
1st - Springsteen (4)
2nd - Cam Before The Storm (2)
3rd - Rhuben (11)
4th - Nikita Bromac (7)
5th - J’Adore Bromac (10)
6th – Little Tess (5)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr Chandler - Owner (Haymakers Syndicate - CAM BEFORE THE STORM, Mr B N Orange - Open Horseman
Respondent: Mr M Jones - Open Horseman
StipendSteward:
raceid: 3c3b7ec46e45f366a02ff5690ac76e2a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b10346d255fc600cf1ad631f2b1796ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/01/2012
meet_title: Marlborough HRC - 15 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: JMillar
meet_pm1: JPhelan
meet_pm2: none
name: Marlborough HRC