Geraldine TC 1 February 2014 – R 2 (instigating a protest)
ID: JCA11643
Meet Title:
Geraldine TC - 1 February 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/02/01
Race Number:
R2
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 2, the Sleepyhead Pace, an Information instigating a protest was filed by Stipendiary Steward Mr S Wallis, alleging interference by TYRON’S FALCON FELLA (3), driven by Miss J Young, who finished in 2nd place, to PROVEN R (1), driven by Miss K Butt.
The Judge's placings in this race were as follows:
1st LITTLE MISS SUNSHINE (8)
2nd TYRON’S FALCON FELLA (3)
3rd PROVEN R (1)
4th OPTIMO DENARIO (7)
5th SPECILA BELLA (9)
6th JACK HAMMER (6)
The Information reads as follows:
“That horse number 3, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 1 placed 3rd by the Judge as detailed below;
“TYRON’S FALCON ELLA (J Young) shifted ground inwards in the run home checking PROVEN R (K Butt).”
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 TYRON’S FALCON ELLA were represented at this hearing by Junior Horsewoman, Miss J Young, Mr S McNally-Open Horseman and Mr P O’Reilly, Public Trainer. Miss K Butt-Junior Horsewoman and Mr CR Thornley-Open Horseman represented the interests of PROVEN R.
Submissions for Decision:
Mr Wallis gave evidence and showed the relevant films of the incident which occurred near the 100m. He pointed out TYRON’S FALCON ELLA, driven by Miss Young, in a 3 wide position challenging for the lead. He showed TYRON’S FALCON ELLA drift inwards and into the line of PROVEN R, driven by Miss K Butt, who was racing on the pylons. Mr Wallis submitted that Miss Butt was unable to improve from this point on as TYRON’S FALCON ELLA was blocking her run on the pylons. Mr Wallis also submitted Miss Butt's run was impeded from near the 100m to near the 10m, an approximate distance of 90m. The official margin between 2nd and 3rd was 1 length.
Miss Butt stated her run was impeded by Miss Young’s horse from near the 100m to just before the post. She said her chances and progress were affected by TYRON’S FALCON ELLA impeding her run over the concluding stages.
Miss Young stated that she did not know there was a horse on her inside but when she realised that she was shifting in and TYRON’S FALCON ELLA was on her inner, she reacted and shifted back out. She stated that regardless of the incident, PROVEN R was not disadvantaged by TYRON’S FALCON ELLA movement inwards.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that BYRON’S FALCON ELLA had drifted in near the 100m and had shifted into the running line of PROVEN R. We were also satisfied that PROVEN R was held up to some degree when BYRON’S FALCON ELLA had moved into PROVEN R’s running line from near the 100m until shortly before the post, where PROVEN R improved forward again finishing 1 length from 2nd placed TYRON’S FALCON ELLA. Miss Butt had used the whip on 2 occasions prior to BYRON’S FALCON ELLA shifting into her line and was unable to drive her horse out for this period and was forced to wait until TYRON’S FALCON ELLA had shifted out of its way, just prior to the winning post. After taking all factors into consideration including the official margin between 2nd and 3rd being 1 length, the Committee was not satisfied, on the balance of probabilities, that but for the interference suffered to PROVEN R by BYRON’S FALCON ELLA, PROVEN R would have beaten BYRON’S FALCON ELLA. The Committee in using its discretion decided that the protest should be dismissed.
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: 2de1d372be21dbe22d72ea765a29102d
informantnumber: A2445
horsename: TYRON'S FALCON FELLA
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/01/2014
hearing_title: Geraldine TC 1 February 2014 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, the Sleepyhead Pace, an Information instigating a protest was filed by Stipendiary Steward Mr S Wallis, alleging interference by TYRON’S FALCON FELLA (3), driven by Miss J Young, who finished in 2nd place, to PROVEN R (1), driven by Miss K Butt.
The Judge's placings in this race were as follows:
1st LITTLE MISS SUNSHINE (8)
2nd TYRON’S FALCON FELLA (3)
3rd PROVEN R (1)
4th OPTIMO DENARIO (7)
5th SPECILA BELLA (9)
6th JACK HAMMER (6)
The Information reads as follows:
“That horse number 3, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 1 placed 3rd by the Judge as detailed below;
“TYRON’S FALCON ELLA (J Young) shifted ground inwards in the run home checking PROVEN R (K Butt).”
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 TYRON’S FALCON ELLA were represented at this hearing by Junior Horsewoman, Miss J Young, Mr S McNally-Open Horseman and Mr P O’Reilly, Public Trainer. Miss K Butt-Junior Horsewoman and Mr CR Thornley-Open Horseman represented the interests of PROVEN R.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis gave evidence and showed the relevant films of the incident which occurred near the 100m. He pointed out TYRON’S FALCON ELLA, driven by Miss Young, in a 3 wide position challenging for the lead. He showed TYRON’S FALCON ELLA drift inwards and into the line of PROVEN R, driven by Miss K Butt, who was racing on the pylons. Mr Wallis submitted that Miss Butt was unable to improve from this point on as TYRON’S FALCON ELLA was blocking her run on the pylons. Mr Wallis also submitted Miss Butt's run was impeded from near the 100m to near the 10m, an approximate distance of 90m. The official margin between 2nd and 3rd was 1 length.
Miss Butt stated her run was impeded by Miss Young’s horse from near the 100m to just before the post. She said her chances and progress were affected by TYRON’S FALCON ELLA impeding her run over the concluding stages.
Miss Young stated that she did not know there was a horse on her inside but when she realised that she was shifting in and TYRON’S FALCON ELLA was on her inner, she reacted and shifted back out. She stated that regardless of the incident, PROVEN R was not disadvantaged by TYRON’S FALCON ELLA movement inwards.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that BYRON’S FALCON ELLA had drifted in near the 100m and had shifted into the running line of PROVEN R. We were also satisfied that PROVEN R was held up to some degree when BYRON’S FALCON ELLA had moved into PROVEN R’s running line from near the 100m until shortly before the post, where PROVEN R improved forward again finishing 1 length from 2nd placed TYRON’S FALCON ELLA. Miss Butt had used the whip on 2 occasions prior to BYRON’S FALCON ELLA shifting into her line and was unable to drive her horse out for this period and was forced to wait until TYRON’S FALCON ELLA had shifted out of its way, just prior to the winning post. After taking all factors into consideration including the official margin between 2nd and 3rd being 1 length, the Committee was not satisfied, on the balance of probabilities, that but for the interference suffered to PROVEN R by BYRON’S FALCON ELLA, PROVEN R would have beaten BYRON’S FALCON ELLA. The Committee in using its discretion decided that the protest should be dismissed.
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Miss K Butt - Junior Horsewoman, Mr S McNally - Open Horseman, Mr C R Thornley - Open Horseman, Mr P O'Reilly - Public Trainer
Respondent: Miss J Young - Junior Horsewoman
StipendSteward:
raceid: 540709d4e4173ecd752c24e474910a99
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9e5a723a311ab0bb186b211d179bfaf0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/02/2014
meet_title: Geraldine TC - 1 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Geraldine TC