Gore HRC 10 March 2013 – R 3 (instigating a protest)
ID: JCA11943
Meet Title:
Gore HRC - 10 March 2013
Meet Chair:
NSkelt
Meet Committee Member 1:
GHall
Race Date:
2013/03/10
Race Number:
R 3
Decision:
The protest is upheld and the Judge's placings now read:
1st- 7 NEW YORK TOWN
2nd – 8 BEAUDIENE BRILLIANCE
3rd- 2 J C SKIPPER
4th- 3 TULACH ARD
5th – TAHLIA JACCKA
Stakes and dividends are to be paid accordingly.
Facts:
At the conclusion of race 3 Robyns Stables Junior Drivers Mobile Pace a protest was lodged into the horse placed third by the judge CRUZIN IMA LIVIN (Ms T Sherborne) alleging that it interfered with the eighth placed horse SONIA ELLEN (Mr M Williamson).
The Judge's placings were:
1st- 7 NEW YORK TOWN (7) C Hanna
2nd – 8 BEAUDIENE BRILLIANCE (8) B Williamson
3rd – 11 CRUZIN IMA LIVIN (11) T Sherborne
4th – 2 J C SKIPPER (2) K Cox
5th – 3 TULACH ARD (3) S Stewart
Rule 869(8) reads:
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.
Submissions for Decision:
Stipendiary Steward Mr C J Allison stated that after approximately 200 metres T Sherborne (CRUZIN IMA LIVIN) failed to concede her position resulting in CRUZIN IMA LIVIN breaking with a resulting check to SONIA ELLEN (M Williamson).
Mr Allison used several video clips of the alleged incident highlighting CRUZIN IMA LIVIN breaking and checking SONIA ELLEN, with that horse losing up to five or six lengths as a result of the alleged interference. He highlighted the video evidence near the conclusion of the race where SONIA ELLEN finished in eighth placing, 2.9 lengths from the winner, and CRUZIN IMA LIVIN, which finished third. Mr Allison also stated that SONIA ELLEN never received a clear racing passage in the home straight.
Mr B Williamson, the driver of BEAUDIENE BRILLIANCE, stated that he was trying to ease Ms Sherborne down, when the legs of her horse touched the wheel of his cart and her horse galloped. He stated that he believed Ms Sherborne’s horse was over racing.
Mr N Williamson stated that Mr B Williamson had the advantage over Ms Sherborne and there was room for her to ease.
Mr M Williamson, driver of SONIA ELLEN, said he was checked, with his horse losing about five lengths as a result of his having to take evasive action because of the incident. He also stated that he could not have been certain that he could have been “on the back” of Mr B Williamson had he not suffered the interference, but he agreed that Ms Sherborne did get her run as a consequence of his galloping and losing ground. He said he “didn’t get a go” in the home straight.
Mr D Dunn spoke on behalf of Ms Sherborne and said the interference did not affect the chances of SONIA ELLEN, as the horse would have received a similar run. Mr Dunn agreed SONIA ELLEN lost five lengths, but he believed the horse would still have settled at the back of the field. His view was the horse SONIA ELLEN was not travelling that well although he accepted the horse had nowhere to go in the home straight. He emphasised that the run SONIA ELLEN received would have always been the same and, in his view, that the few lengths SONIA ELLEN had lost had no effect on the final result.
Mr Faithful (trainer of CRUZIN IMA LIVIN) said there was not a gap for Mr B Williamson to progress into and Mr Williamson had “come down too quick” on CRUZIN IMA LIVIN.
In summing up Mr Allison expressed the view that Mr M Williamson would have got the run behind Mr B Williamson. However, as a consequence of losing ground through receiving interference from CRUZIN IMA LIVIN, Mr Williamson ended up following Ms Sherborne.
Reasons for Decision:
In exercising our discretion and relegating CRUZIN IMA LIVIN to behind SONIA ELLEN, we are satisfied that Mr B Williamson was easing Ms T Sherborne down on the track in accordance with the Rules of Harness Racing. He had an advantage over CRUZIN IMA LIVIN at the time, the movement was not sudden, and was being made with safety.
In our opinion CRUZIN IMA LIVIN was over racing at the time and was giving Ms Sherborne a somewhat difficult drive. As a consequence of her failing to ease CRUZIN IMA LIVIN back, the legs of her horse came into contact with the cart of Mr B Williamson. She broke briefly and came back onto SONIA ELLEN, which broke and lost some five lengths when Mr M Williamson took evasive action.
The margin at the end of the race was 2.9 lengths. SONIA ELLEN was finishing well before running into a wall of horses. Ms Sherborne, on the other hand, found a run and finished in third placing.
It is our belief that the chances and progress of SONIA ELLEN were affected when SONIA ELLEN galloped as a result of interference from CRUZIN IMA LIVIN, with SONIA ELLEN losing five lengths, before eventually settling behind CRUZIN IMA LIVIN at the rear of the field.
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: 2cdfd2067a115df07d3feaf632aa88fd
informantnumber: 5907
horsename: CRUZIN IMA LIVIN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2013
hearing_title: Gore HRC 10 March 2013 - R 3 (instigating a protest)
charge:
facts:
At the conclusion of race 3 Robyns Stables Junior Drivers Mobile Pace a protest was lodged into the horse placed third by the judge CRUZIN IMA LIVIN (Ms T Sherborne) alleging that it interfered with the eighth placed horse SONIA ELLEN (Mr M Williamson).
The Judge's placings were:
1st- 7 NEW YORK TOWN (7) C Hanna
2nd – 8 BEAUDIENE BRILLIANCE (8) B Williamson
3rd – 11 CRUZIN IMA LIVIN (11) T Sherborne
4th – 2 J C SKIPPER (2) K Cox
5th – 3 TULACH ARD (3) S Stewart
Rule 869(8) reads:
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.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr C J Allison stated that after approximately 200 metres T Sherborne (CRUZIN IMA LIVIN) failed to concede her position resulting in CRUZIN IMA LIVIN breaking with a resulting check to SONIA ELLEN (M Williamson).
Mr Allison used several video clips of the alleged incident highlighting CRUZIN IMA LIVIN breaking and checking SONIA ELLEN, with that horse losing up to five or six lengths as a result of the alleged interference. He highlighted the video evidence near the conclusion of the race where SONIA ELLEN finished in eighth placing, 2.9 lengths from the winner, and CRUZIN IMA LIVIN, which finished third. Mr Allison also stated that SONIA ELLEN never received a clear racing passage in the home straight.
Mr B Williamson, the driver of BEAUDIENE BRILLIANCE, stated that he was trying to ease Ms Sherborne down, when the legs of her horse touched the wheel of his cart and her horse galloped. He stated that he believed Ms Sherborne’s horse was over racing.
Mr N Williamson stated that Mr B Williamson had the advantage over Ms Sherborne and there was room for her to ease.
Mr M Williamson, driver of SONIA ELLEN, said he was checked, with his horse losing about five lengths as a result of his having to take evasive action because of the incident. He also stated that he could not have been certain that he could have been “on the back” of Mr B Williamson had he not suffered the interference, but he agreed that Ms Sherborne did get her run as a consequence of his galloping and losing ground. He said he “didn’t get a go” in the home straight.
Mr D Dunn spoke on behalf of Ms Sherborne and said the interference did not affect the chances of SONIA ELLEN, as the horse would have received a similar run. Mr Dunn agreed SONIA ELLEN lost five lengths, but he believed the horse would still have settled at the back of the field. His view was the horse SONIA ELLEN was not travelling that well although he accepted the horse had nowhere to go in the home straight. He emphasised that the run SONIA ELLEN received would have always been the same and, in his view, that the few lengths SONIA ELLEN had lost had no effect on the final result.
Mr Faithful (trainer of CRUZIN IMA LIVIN) said there was not a gap for Mr B Williamson to progress into and Mr Williamson had “come down too quick” on CRUZIN IMA LIVIN.
In summing up Mr Allison expressed the view that Mr M Williamson would have got the run behind Mr B Williamson. However, as a consequence of losing ground through receiving interference from CRUZIN IMA LIVIN, Mr Williamson ended up following Ms Sherborne.
reasonsfordecision:
In exercising our discretion and relegating CRUZIN IMA LIVIN to behind SONIA ELLEN, we are satisfied that Mr B Williamson was easing Ms T Sherborne down on the track in accordance with the Rules of Harness Racing. He had an advantage over CRUZIN IMA LIVIN at the time, the movement was not sudden, and was being made with safety.
In our opinion CRUZIN IMA LIVIN was over racing at the time and was giving Ms Sherborne a somewhat difficult drive. As a consequence of her failing to ease CRUZIN IMA LIVIN back, the legs of her horse came into contact with the cart of Mr B Williamson. She broke briefly and came back onto SONIA ELLEN, which broke and lost some five lengths when Mr M Williamson took evasive action.
The margin at the end of the race was 2.9 lengths. SONIA ELLEN was finishing well before running into a wall of horses. Ms Sherborne, on the other hand, found a run and finished in third placing.
It is our belief that the chances and progress of SONIA ELLEN were affected when SONIA ELLEN galloped as a result of interference from CRUZIN IMA LIVIN, with SONIA ELLEN losing five lengths, before eventually settling behind CRUZIN IMA LIVIN at the rear of the field.
Decision:
The protest is upheld and the Judge's placings now read:
1st- 7 NEW YORK TOWN
2nd – 8 BEAUDIENE BRILLIANCE
3rd- 2 J C SKIPPER
4th- 3 TULACH ARD
5th – TAHLIA JACCKA
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)(b)
Informant: Mr C J Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Ms T Sherborne - Junior Driver of CRUZIN IMA LIVIN, Mr D Dunn - Open Horseman supporting Ms Sherborne, Mr R Faithful - Trainer of CRUZIN IMA LIVIN, Mr M Williamson - Junior Driver of SONIA ELLEN, Mr B Negus - Licensed Trainer supporting Mr M Williamson, Mr B Williamson - Junior Driver of BEAUDIENE BRILLIANCE, Mr N Williamson - Open Horseman supporting Mr B Williamson
Respondent: Ms T Sherborne - Junior Horsewoman
StipendSteward:
raceid: 0879b6c2e46d12266bd45c6e35db0f10
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f783995f8925ecb82f1a8529afd00ba3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/03/2013
meet_title: Gore HRC - 10 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: GHall
meet_pm2: none
name: Gore HRC