Franklin TC 13 April 2012 – R 1 (instigating a protest)
ID: JCA11914
Meet Title:
Franklin TC - 13 April 2012
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2012/04/13
Race Number:
R 1
Decision:
The Protest is upheld and RAIN FOREST is relegated to eighth placing behind WITH A VENGEANCE.
The amended placings are now:
1st 3 – RALPH
2nd 7 – DAY IN CALCUTTA
3rd 2 – MIKES GOODBOY
4th 9 – MIGISI
5th 5 – LISAS LAWYER
6th 6 – JDS DREAM
It was ordered that Dividends and Stakes be paid in accordance with the amended placings.
Facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against the first placing of RAIN FOREST (Driver Mr SB Phillips – Amateur Driver) on the grounds of causing interference to WITH A VENGEANCE (Driver Mr TR Vince – Amateur Driver) with approximately 100 metres to run.
Mr Bowker, the Trainer of RAIN FOREST was present and advised this Committee that he represented the connections of RAIN FOREST and that the Protest was contested.
Mr Vince was present not only as the Driver of WITH A VENGEANCE but also as part Owner and Trainer.
Mr Muirhead demonstrated the incident by use of the video films. He showed RAIN FOREST moving out towards the lead prior to the 100 metre mark and in doing so it came out and made contact with the hind legs of WITH A VENGEANCE causing that horse to break. RAIN FOREST continued on and won the race. He said that Mr Vince’s horse was running in a straight line and that there was contact from the outer sulky wheel of Mr Phillips’ horse.
Mr Phillips said that he moved out to get a run. He thought the horse on the inside of him had moved out and this had pushed him out a little further. He did not however think that there was any contact with Mr Vince’s horse nor did he think that he had caused any interference at all. He said that there was room to move out and he was entitled to do so and he drove in a proper manner and he was entitled to do what he did and win the race.
Mr Bowker said that when Mr Phillips moved out it was at the same time that Mr Vince pulled the ear plugs on his horse and he thought that Mr Vince may have drifted in a little and he did not think that Mr Phillips had caused interference to Mr Vince.
Mr Vince said that he had pulled his horse out to the outside and he was looking to finish off strongly in the straight. He said his horse was travelling well and just as he was about to pull the ear plugs he said he felt his horse change stride and felt contact and then his horse broke and lost its chance. He made use of the video film also to demonstrate the incident and he indicated that contact was made with the offside hind leg of his horse.
In answer to a question from the Committee he said that he was travelling well and he thought that he might have been right in the finish and at that stage he hadn’t used the whip on his horse. He said his chances were affected.
Submissions for Decision:
Mr Muirhead asked the Committee to look at the head on video film in slow motion and he demonstrated where Mr Phillips' inside wheel was coming under the shaft of Mr Vince’s sulky and made contact with the hind leg of his horse. He said it was very clear that interference had been caused and that the chances of WITH A VENGEANCE were affected.
Mr Phillips said again that there was room when he came out. He pointed to the inside horse pushing him out and he acknowledged that there was contact between the sulkies but he said that there was no contact with the hind leg of Mr Vince’s horse.
Mr Bowker relied on the rear view video replay and confirmed that Mr Phillips had room to move out and in his opinion the carts do touch but WITH A VENGEANCE broke after contact had been made. He thought that this was because the ear plugs had been pulled.
Reasons for Decision:
The Committee has listened to considerable evidence and has viewed the films on a number of occasions. The films, in our view, are very clear, and Mr Phillips has come out and has clearly made contact with the hind leg of WITH A VENGEANCE causing that horse to break. The films also show that just prior to the incident Mr Vince was pulling the ear plugs and had not used his whip on his horse and it is clear that his chances were affected by the interference.
The appropriate decision is for the Protest to 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: 3087013c8928c135a01a940a9a089279
informantnumber: 13429
horsename: RAIN FOREST
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 15/06/2012
hearing_title: Franklin TC 13 April 2012 - R 1 (instigating a protest)
charge:
facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against the first placing of RAIN FOREST (Driver Mr SB Phillips – Amateur Driver) on the grounds of causing interference to WITH A VENGEANCE (Driver Mr TR Vince – Amateur Driver) with approximately 100 metres to run.
Mr Bowker, the Trainer of RAIN FOREST was present and advised this Committee that he represented the connections of RAIN FOREST and that the Protest was contested.
Mr Vince was present not only as the Driver of WITH A VENGEANCE but also as part Owner and Trainer.
Mr Muirhead demonstrated the incident by use of the video films. He showed RAIN FOREST moving out towards the lead prior to the 100 metre mark and in doing so it came out and made contact with the hind legs of WITH A VENGEANCE causing that horse to break. RAIN FOREST continued on and won the race. He said that Mr Vince’s horse was running in a straight line and that there was contact from the outer sulky wheel of Mr Phillips’ horse.
Mr Phillips said that he moved out to get a run. He thought the horse on the inside of him had moved out and this had pushed him out a little further. He did not however think that there was any contact with Mr Vince’s horse nor did he think that he had caused any interference at all. He said that there was room to move out and he was entitled to do so and he drove in a proper manner and he was entitled to do what he did and win the race.
Mr Bowker said that when Mr Phillips moved out it was at the same time that Mr Vince pulled the ear plugs on his horse and he thought that Mr Vince may have drifted in a little and he did not think that Mr Phillips had caused interference to Mr Vince.
Mr Vince said that he had pulled his horse out to the outside and he was looking to finish off strongly in the straight. He said his horse was travelling well and just as he was about to pull the ear plugs he said he felt his horse change stride and felt contact and then his horse broke and lost its chance. He made use of the video film also to demonstrate the incident and he indicated that contact was made with the offside hind leg of his horse.
In answer to a question from the Committee he said that he was travelling well and he thought that he might have been right in the finish and at that stage he hadn’t used the whip on his horse. He said his chances were affected.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead asked the Committee to look at the head on video film in slow motion and he demonstrated where Mr Phillips' inside wheel was coming under the shaft of Mr Vince’s sulky and made contact with the hind leg of his horse. He said it was very clear that interference had been caused and that the chances of WITH A VENGEANCE were affected.
Mr Phillips said again that there was room when he came out. He pointed to the inside horse pushing him out and he acknowledged that there was contact between the sulkies but he said that there was no contact with the hind leg of Mr Vince’s horse.
Mr Bowker relied on the rear view video replay and confirmed that Mr Phillips had room to move out and in his opinion the carts do touch but WITH A VENGEANCE broke after contact had been made. He thought that this was because the ear plugs had been pulled.
reasonsfordecision:
The Committee has listened to considerable evidence and has viewed the films on a number of occasions. The films, in our view, are very clear, and Mr Phillips has come out and has clearly made contact with the hind leg of WITH A VENGEANCE causing that horse to break. The films also show that just prior to the incident Mr Vince was pulling the ear plugs and had not used his whip on his horse and it is clear that his chances were affected by the interference.
The appropriate decision is for the Protest to be upheld.
Decision:
The Protest is upheld and RAIN FOREST is relegated to eighth placing behind WITH A VENGEANCE.
The amended placings are now:
1st 3 – RALPH
2nd 7 – DAY IN CALCUTTA
3rd 2 – MIKES GOODBOY
4th 9 – MIGISI
5th 5 – LISAS LAWYER
6th 6 – JDS DREAM
It was ordered that Dividends and Stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Bowker - Trainer of RAIN FOREST, Mr S B Phillips - Driver of RAIN FOREST, Mr T R Vince - Driver of WITH A VENGEANCE
Respondent: Mr R Bowker - Trainer of RAIN FOREST
StipendSteward:
raceid: 9b86797d3f9c35ee043b2a7f92e75221
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 51ce84ec35f603ec340bd6e07b4aa0a4
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/04/2012
meet_title: Franklin TC - 13 April 2012
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meet_otherexp:
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meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Franklin TC