Rangiora HRC 29 June 2014 – R 7 (instigating a protest)
ID: JCA12345
Meet Title:
Rangiora HRC - 29 June 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/06/29
Race Number:
R7
Decision:
The protest was withdrawn with the judge's placings confirmed.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 7, the “Franco Nelson” Handicap Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N Ydgren, alleging interference near the 800m by TOP BRASS, driven by Mr D Dunn, when TOP BRASS contacted the sulky wheel of ASTRO BOY, driven by Mr DeFilippi, who finished in 7th place, resulting in the tyre deflating.
The Judge's placings in this race were as follows.
1st TOP BRASS (7)
2nd THAT GUY FINN (10)
3rd CALLENBURG (8)
4th EVA SOPHNALLY (12)
5th THREEBEE (11)
6th SPECIAL BELLA (2)
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 ASTRO BOY were represented at this hearing by Open Horseman Mr C DeFilippi with the interests of TOP BRASS being represented by Open Horseman Mr D Dunn and Licensed Trainer Mrs W Stevenson. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr Ydgren gave evidence and showed the video films of the relevant stages of the race near the 800m, which showed TOP BRASS, driven by Mr Dunn, racing in the trail of the leader, ASTRO BOY, driven by Mr DeFilippi. Mr Ydgren stated that TOP BRASS had been over racing when in the trail of ASTRO BOY and had struck the sulky wheel of that horse. Mr DeFilippi gave evidence that ASTRO BOY was lazy in front and dropped the bit a couple of times when leading in the race. Near the 800m ASTRO BOY had “knocked off’ resulting in the pace easing and as a result TOP BRASS made contact with his sulky wheel. Mr DeFilippi told the hearing that ASTRO BOY had contributed to the incident and he did not apportion blame for the flat sulky tyre totally on TOP BRASS.
After consideration of Mr DeFilippi’s evidence, Mr Ydgren sought leave from the Committee to withdraw the protest. The Committee granted leave for the Protest to be withdrawn.
Reasons for Decision:
The protest was withdrawn.
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: 50c1de6b17a5669af7e53449fe4f7725
informantnumber: A6148
horsename: TOP BRASS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 03/07/2014
hearing_title: Rangiora HRC 29 June 2014 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, the “Franco Nelson” Handicap Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N Ydgren, alleging interference near the 800m by TOP BRASS, driven by Mr D Dunn, when TOP BRASS contacted the sulky wheel of ASTRO BOY, driven by Mr DeFilippi, who finished in 7th place, resulting in the tyre deflating.
The Judge's placings in this race were as follows.
1st TOP BRASS (7)
2nd THAT GUY FINN (10)
3rd CALLENBURG (8)
4th EVA SOPHNALLY (12)
5th THREEBEE (11)
6th SPECIAL BELLA (2)
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 ASTRO BOY were represented at this hearing by Open Horseman Mr C DeFilippi with the interests of TOP BRASS being represented by Open Horseman Mr D Dunn and Licensed Trainer Mrs W Stevenson. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and showed the video films of the relevant stages of the race near the 800m, which showed TOP BRASS, driven by Mr Dunn, racing in the trail of the leader, ASTRO BOY, driven by Mr DeFilippi. Mr Ydgren stated that TOP BRASS had been over racing when in the trail of ASTRO BOY and had struck the sulky wheel of that horse. Mr DeFilippi gave evidence that ASTRO BOY was lazy in front and dropped the bit a couple of times when leading in the race. Near the 800m ASTRO BOY had “knocked off’ resulting in the pace easing and as a result TOP BRASS made contact with his sulky wheel. Mr DeFilippi told the hearing that ASTRO BOY had contributed to the incident and he did not apportion blame for the flat sulky tyre totally on TOP BRASS.
After consideration of Mr DeFilippi’s evidence, Mr Ydgren sought leave from the Committee to withdraw the protest. The Committee granted leave for the Protest to be withdrawn.
reasonsfordecision:
The protest was withdrawn.
Decision:
The protest was withdrawn 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)(a)(b)
Informant: N Ydgren- Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: C DeFilippi-Open Horseman
Respondent: D Dunn-Open Horseman, Mrs W Stevenson-Licensed Trainer
StipendSteward:
raceid: 15bb1e1e234abb3149cfc61d736d370b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 316d6744e7070078923aee2cf6068c94
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/06/2014
meet_title: Rangiora HRC - 29 June 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Rangiora HRC