Manawatu HRC 13 December 2012 – R 1 (Instigating a Protest)
ID: JCA12048
Meet Title:
Manawatu HRC - 13 December 2012
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2012/12/13
Race Number:
Race 1
Decision:
The protest was upheld and the committee exercised its discretion under the provisions of Rule 869(8)(b) to relegate MR SCRUFF immediately behind BON TON CHERIE. The amended placings were confirmed as:
1st (3) JACCKA CREEK
2nd (1) DESERT STORM
3rd (2) MISS MIDDLETON
4th (9) RARANGI JEWEL
5th (8) JIMMYS GIRL
The committee authorised the immediate payment of dividends in accordance with its decision.
Facts:
Following the running of Race 1 an Information Instigating a Protest was lodged by Stipendiary Steward Mr J Muirhead. The Information stated: “That horse number 5, placed 3rd by the Judge interfered with the chances of horse number 6, placed 7th by the Judge…alleging interference round the first bend.”
The Protest was contested.
Rule 869(4A) provides : " No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress."
Rule 869(8) provides : " 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 relevant rule(s) were read and all parties confirmed they understood the relevant rule(s).
The Judge’s placings were:
1st (3) JACCKA CREEK
2nd (1) DESERT STORM
3rd (5) THE SCRUFF
4th (2) MISS MIDDLETON
5th (9) RARANGI JEWEL
Submissions for Decision:
Mr Muirhead started by stating that Rule 869(4A) was relevant as no blame was being attached to any driver in this instance. Using the back-straight film, he identified MR SCRUFF (D Butcher) and BON TON CHERIE (K Chittenden) as the field headed into the first bend immediately after the start. He identified MR SCRUFF going into a gallop, free of interference, but unable to move outwards. Mr Butcher restrained his horse in an attempt to regain its gait, as he was required to do. BON TON CHERIE was moving into a gap to the outside of MR SCRUFF when Mr Chittenden was required to take evasive action; resulting in BON TON CHERIE going into a break. Mr Muirhead submitted that BON TON CHERIE had been inconvenienced for at least 30-40 metres as a result. BON TON CHERIE had finished in 7th place and was 7 lengths in arrears.
Mr Chittenden had nothing further to add.
Mr Butcher submitted that when his horse galloped, he kept a straight line, and that Mr Chittenden had come to the outside of him. He also stated that Mr Chittenden had called out for room, and as a result Mr Butcher had moved downwards, out of his way. Mr Butcher also believed that JIMMYS GIRL (B Espin), located to the outside of BON TON CHERIE, had also caused Mr Chittenden’s horse to gallop. He submitted that to blame his horse solely for the interference was being unfair. Mr Butcher indicated he had nothing further to add and retired from the hearing as he had an upcoming drive in the next race. Mr Laidlaw continued to represent MR SCRUFF’s connections during the hearing.
Reasons for Decision:
The committee considered all submissions and reviewed the available film. The back-straight film was very helpful as it was able to show the incident very clearly. The committee accepted that Mr Butcher attempted to move his horse inwards after Mr Chittenden called out for him to do so and this is evident from the movement of MR SCRUFF’s head on the film. The committee did form the view that the interference to BON TON CHERIE occurred after the calling out by Mr Chittenden, noting that MR SCRUFF’s head shied away from the fence and very clearly moved outwards, causing interference to BON TON CHERIE. Based on the film evidence, the committee did not consider JIMMYS GIRL to be responsible for the interference. This was based on the observation that she was holding her own line and was racing well clear of BON TON CHERIE. The committee was satisfied that the interference to BON TON CHERIE was directly as a result of MR SCRUFF’s racing manners; if MR SCRUFF had not galloped, Mr Chittenden would not have had to take evasive action, causing his drive to go into a gallop. It was clear that such interference affected the progress of BON TON CHERIE which had lost approximately 40 metres at a crucial stage in the race.
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: 2ba28d5dbc73aa1caf8f4b7086cf8a1c
informantnumber: A2313
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/11/2012
hearing_title: Manawatu HRC 13 December 2012 - R 1 (Instigating a Protest)
charge:
facts:
Following the running of Race 1 an Information Instigating a Protest was lodged by Stipendiary Steward Mr J Muirhead. The Information stated: “That horse number 5, placed 3rd by the Judge interfered with the chances of horse number 6, placed 7th by the Judge…alleging interference round the first bend.”
The Protest was contested.
Rule 869(4A) provides : " No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress."
Rule 869(8) provides : " 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 relevant rule(s) were read and all parties confirmed they understood the relevant rule(s).
The Judge’s placings were:
1st (3) JACCKA CREEK
2nd (1) DESERT STORM
3rd (5) THE SCRUFF
4th (2) MISS MIDDLETON
5th (9) RARANGI JEWEL
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead started by stating that Rule 869(4A) was relevant as no blame was being attached to any driver in this instance. Using the back-straight film, he identified MR SCRUFF (D Butcher) and BON TON CHERIE (K Chittenden) as the field headed into the first bend immediately after the start. He identified MR SCRUFF going into a gallop, free of interference, but unable to move outwards. Mr Butcher restrained his horse in an attempt to regain its gait, as he was required to do. BON TON CHERIE was moving into a gap to the outside of MR SCRUFF when Mr Chittenden was required to take evasive action; resulting in BON TON CHERIE going into a break. Mr Muirhead submitted that BON TON CHERIE had been inconvenienced for at least 30-40 metres as a result. BON TON CHERIE had finished in 7th place and was 7 lengths in arrears.
Mr Chittenden had nothing further to add.
Mr Butcher submitted that when his horse galloped, he kept a straight line, and that Mr Chittenden had come to the outside of him. He also stated that Mr Chittenden had called out for room, and as a result Mr Butcher had moved downwards, out of his way. Mr Butcher also believed that JIMMYS GIRL (B Espin), located to the outside of BON TON CHERIE, had also caused Mr Chittenden’s horse to gallop. He submitted that to blame his horse solely for the interference was being unfair. Mr Butcher indicated he had nothing further to add and retired from the hearing as he had an upcoming drive in the next race. Mr Laidlaw continued to represent MR SCRUFF’s connections during the hearing.
reasonsfordecision:
The committee considered all submissions and reviewed the available film. The back-straight film was very helpful as it was able to show the incident very clearly. The committee accepted that Mr Butcher attempted to move his horse inwards after Mr Chittenden called out for him to do so and this is evident from the movement of MR SCRUFF’s head on the film. The committee did form the view that the interference to BON TON CHERIE occurred after the calling out by Mr Chittenden, noting that MR SCRUFF’s head shied away from the fence and very clearly moved outwards, causing interference to BON TON CHERIE. Based on the film evidence, the committee did not consider JIMMYS GIRL to be responsible for the interference. This was based on the observation that she was holding her own line and was racing well clear of BON TON CHERIE. The committee was satisfied that the interference to BON TON CHERIE was directly as a result of MR SCRUFF’s racing manners; if MR SCRUFF had not galloped, Mr Chittenden would not have had to take evasive action, causing his drive to go into a gallop. It was clear that such interference affected the progress of BON TON CHERIE which had lost approximately 40 metres at a crucial stage in the race.
Decision:
The protest was upheld and the committee exercised its discretion under the provisions of Rule 869(8)(b) to relegate MR SCRUFF immediately behind BON TON CHERIE. The amended placings were confirmed as:
1st (3) JACCKA CREEK
2nd (1) DESERT STORM
3rd (2) MISS MIDDLETON
4th (9) RARANGI JEWEL
5th (8) JIMMYS GIRL
The committee authorised the immediate payment of dividends in accordance with its decision.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rules 869(4A) and 869(8)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr K Chittenden (Driver of BON TON CHERIE), Mr K Laidlaw (Representing connections of MR SCRUFF)
Respondent: Mr D Butcher (Driver of MR SCRUFF)
StipendSteward:
raceid: 5e9646e9377b0a313e075029a1bdd8b0
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
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meetdate: 13/12/2012
meet_title: Manawatu HRC - 13 December 2012
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name: Manawatu HRC