Ashburton TC 13 July 2012 – R 2 (instigating a protest)
ID: JCA12113
Meet Title:
Ashburton TC - 13 July 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2012/07/13
Race Number:
R2
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid in accordance with the judge’s placings.
Facts:
Following the running of Race 2, The Lone Star Riccarton Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against LIES A LOT (C J De Filippi), placed 3rd by the judge, on the ground that it caused interference to SAILING ON (B N Orange), placed 9th by the judge, “when racing past the 200 metres”.
Mr C J De Filippi, driver of LIES A LOT, was present at the hearing of the information and he indicated that he was representing the connections of that horse in the protest hearing.
Rule 869 provides as follows:
(8) 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:
Mr McIntyre showed video replays of the final 300 metres of the race. He pointed out LIES A LOT, wide on the track, as the field turned into the home straight. SAILING ON, driven by Mr Orange, was on its outside, widest on the track. Mr De Filippi then reached down to activate the pull down blinds. At the same time, his horse “hung out briefly” and came into contact with SAILING ON “for a stride”. Mr Orange had to take hold of the horse, which paced roughly momentarily and lost ground.
Mr Orange said that, as he activated the deafeners, his horse had “ducked in” slightly. Mr De Filippi’s horse had overreacted and “bumped” him for a stride but it had no bearing on his final placing, Mr Orange said.
Mr De Filippi told the Committee that his mare wears a rein pricker on the near side and normally runs in on a bend. Just as he straightened up, he bent over to pull the pull down blinds. His horse was still running in but, when he removed one hand from the reins, it “ducked out”. Mr Orange’s horse was “leaning in” and had not paced roughly until Mr Orange pulled it back out, Mr De Filippi said. However, Mr De Filippi frankly acknowledged that his own horse had been responsible for 70% of what occurred.
Reasons for Decision:
The Committee needed to determine, firstly, whether any interference had been caused to SAILING ON by LIES A LOT with approximately 200 metres to run, when LIES A LOT shifted out and came into contact with SAILING ON, resulting in Mr Orange having to briefly take hold of the latter and it losing some ground. The Committee was satisfied that this did amount to interference, although at the lower end. Any interference could be described as minor.
Having found that interference took place, the Committee needed to next address the issue of whether the chances or progress of SAILING ON were affected as a result of that interference. In this regard, the evidence of Mr Orange was compelling. He stated that any interference received had no bearing on his final placing. The Committee noticed that SAILING ON finished in 9th placing, some 2.4 lengths behind LIES A LOT, which had finished 3rd, and 6.8 lengths from the winner. The evidence of Mr Orange was borne out by the video evidence, in the view of the Committee. The Committee was satisfied that it was appropriate to exercise its discretion not to relegate LIES A LOT in all of the circumstances.
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: 331277cfe193dd1694aedb4fcb882fae
informantnumber: A5268
horsename: Lies A Lot
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/07/2012
hearing_title: Ashburton TC 13 July 2012 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, The Lone Star Riccarton Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against LIES A LOT (C J De Filippi), placed 3rd by the judge, on the ground that it caused interference to SAILING ON (B N Orange), placed 9th by the judge, “when racing past the 200 metres”.
Mr C J De Filippi, driver of LIES A LOT, was present at the hearing of the information and he indicated that he was representing the connections of that horse in the protest hearing.
Rule 869 provides as follows:
(8) 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:
Mr McIntyre showed video replays of the final 300 metres of the race. He pointed out LIES A LOT, wide on the track, as the field turned into the home straight. SAILING ON, driven by Mr Orange, was on its outside, widest on the track. Mr De Filippi then reached down to activate the pull down blinds. At the same time, his horse “hung out briefly” and came into contact with SAILING ON “for a stride”. Mr Orange had to take hold of the horse, which paced roughly momentarily and lost ground.
Mr Orange said that, as he activated the deafeners, his horse had “ducked in” slightly. Mr De Filippi’s horse had overreacted and “bumped” him for a stride but it had no bearing on his final placing, Mr Orange said.
Mr De Filippi told the Committee that his mare wears a rein pricker on the near side and normally runs in on a bend. Just as he straightened up, he bent over to pull the pull down blinds. His horse was still running in but, when he removed one hand from the reins, it “ducked out”. Mr Orange’s horse was “leaning in” and had not paced roughly until Mr Orange pulled it back out, Mr De Filippi said. However, Mr De Filippi frankly acknowledged that his own horse had been responsible for 70% of what occurred.
reasonsfordecision:
The Committee needed to determine, firstly, whether any interference had been caused to SAILING ON by LIES A LOT with approximately 200 metres to run, when LIES A LOT shifted out and came into contact with SAILING ON, resulting in Mr Orange having to briefly take hold of the latter and it losing some ground. The Committee was satisfied that this did amount to interference, although at the lower end. Any interference could be described as minor.
Having found that interference took place, the Committee needed to next address the issue of whether the chances or progress of SAILING ON were affected as a result of that interference. In this regard, the evidence of Mr Orange was compelling. He stated that any interference received had no bearing on his final placing. The Committee noticed that SAILING ON finished in 9th placing, some 2.4 lengths behind LIES A LOT, which had finished 3rd, and 6.8 lengths from the winner. The evidence of Mr Orange was borne out by the video evidence, in the view of the Committee. The Committee was satisfied that it was appropriate to exercise its discretion not to relegate LIES A LOT in all of the circumstances.
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid in accordance with the judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: B N Orange, Licensed Open Horseman
Respondent: C J De Filippi, Licensed Open Horseman
StipendSteward:
raceid: b66b3faec33906341e067dac44537400
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: 1ae6ec1eb4a57781b56fc76b4cdcbced
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/07/2012
meet_title: Ashburton TC - 13 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Ashburton TC