Franklin TC 13 April 2012 – R 6 (instigating a protest)
ID: JCA12441
Meet Title:
Franklin TC - 13 April 2012
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2012/04/13
Race Number:
R 6
Decision:
The Protest is upheld and KEYSTONE DEL is disqualified from the race.
The amended placings are now:
1st 1 – PRIME POWER
2nd 8 – ALTA CHARISMA
3rd 5 – WILD TURKEY
4th 3 – LUCKY EARL
5th 7 – OUR DAINTY LADY
6th 6 – BRYDON SPUR
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 second placing of KEYSTONE DEL (Trainer/Driver Mr T Hall) on the grounds of moving inside the marker line and gaining an advantage.
Rule 869(7)(B) provides:
“Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race accept where:
(a) It is established that the breach was caused by interference by another horse or horseman; or
(b) It is established that the horse did not gain any advantage from the breach in its finishing place or position.”
Mr Hall advised this Committee that he represented the connections of KEYSTONE DEL and he advised that the Protest was contested.
Mr Muirhead demonstrated the incident by use of the video films and these showed KEYSTONE DEL racing three back along the marker lines. This horse broke with approximately 300 metres to run and was driven inside the marker line. The horse remained in that position and then after it regained its gait it remained inside the marker line and moved straight into the passing lane and then ran second. It was inside the marker line for well in excess of 30 metres.
Mr Muirhead said that in doing so KEYSTONE DEL gained considerable advantage because it had not run as far as any other horse in the race.
Mr Hall said that when his horse broke he went down inside the marker line for safety reasons. He said that he restrained his horse and once it had regained its gait there was no room for him to move out. He said he merely continued on and he said that because he lost ground in the break he did not gain any advantage.
Submissions for Decision:
Mr Muirhead referred the Committee to Clause 6 of the Track Markers Regulations which provide:
“All horses in a race conducted on a track where track markers are used are required at all times to race on the outside of those markers.”
He said that KEYSTONE DEL did not do this and there was an obligation for the horse to be restrained and to go back outside the marker line as soon as it was able to. In not doing so he said that it gained a considerable advantage and that the Protest should be upheld.
Mr Hall for his part further said that he had restrained his horse, he was unable to move outside the marker lines when he wanted to and that as far as he was concerned he had not gained an advantage.
Reasons for Decision:
The Committee has listened to the evidence and viewed the films on several occasions. The films very clearly show KEYSTONE DEL breaking prior to the 300 metre mark, going on the inside of the marker lines and even though it regained its gait it remained inside the marker line and then ran directly into the passing lane.
The situation is very clear as far as the Committee is concerned in that KEYSTONE DEL has not travelled as far as the other horses in the race and as a result has gained a considerable advantage.
It is appropriate for the Protest to be upheld.
JCA Decision Fields (raw)
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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: 5c6a1c40e602bb539c166d7b612f8cae
informantnumber: 13430
horsename: KEYSTONE DEL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 15/06/2012
hearing_title: Franklin TC 13 April 2012 - R 6 (instigating a protest)
charge:
facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against the second placing of KEYSTONE DEL (Trainer/Driver Mr T Hall) on the grounds of moving inside the marker line and gaining an advantage.
Rule 869(7)(B) provides:
“Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race accept where:
(a) It is established that the breach was caused by interference by another horse or horseman; or
(b) It is established that the horse did not gain any advantage from the breach in its finishing place or position.”
Mr Hall advised this Committee that he represented the connections of KEYSTONE DEL and he advised that the Protest was contested.
Mr Muirhead demonstrated the incident by use of the video films and these showed KEYSTONE DEL racing three back along the marker lines. This horse broke with approximately 300 metres to run and was driven inside the marker line. The horse remained in that position and then after it regained its gait it remained inside the marker line and moved straight into the passing lane and then ran second. It was inside the marker line for well in excess of 30 metres.
Mr Muirhead said that in doing so KEYSTONE DEL gained considerable advantage because it had not run as far as any other horse in the race.
Mr Hall said that when his horse broke he went down inside the marker line for safety reasons. He said that he restrained his horse and once it had regained its gait there was no room for him to move out. He said he merely continued on and he said that because he lost ground in the break he did not gain any advantage.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead referred the Committee to Clause 6 of the Track Markers Regulations which provide:
“All horses in a race conducted on a track where track markers are used are required at all times to race on the outside of those markers.”
He said that KEYSTONE DEL did not do this and there was an obligation for the horse to be restrained and to go back outside the marker line as soon as it was able to. In not doing so he said that it gained a considerable advantage and that the Protest should be upheld.
Mr Hall for his part further said that he had restrained his horse, he was unable to move outside the marker lines when he wanted to and that as far as he was concerned he had not gained an advantage.
reasonsfordecision:
The Committee has listened to the evidence and viewed the films on several occasions. The films very clearly show KEYSTONE DEL breaking prior to the 300 metre mark, going on the inside of the marker lines and even though it regained its gait it remained inside the marker line and then ran directly into the passing lane.
The situation is very clear as far as the Committee is concerned in that KEYSTONE DEL has not travelled as far as the other horses in the race and as a result has gained a considerable advantage.
It is appropriate for the Protest to be upheld.
Decision:
The Protest is upheld and KEYSTONE DEL is disqualified from the race.
The amended placings are now:
1st 1 – PRIME POWER
2nd 8 – ALTA CHARISMA
3rd 5 – WILD TURKEY
4th 3 – LUCKY EARL
5th 7 – OUR DAINTY LADY
6th 6 – BRYDON SPUR
It was ordered that Dividends and Stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr T M Hall - Trainer/Driver of KEYSTONE DEL
StipendSteward:
raceid: 9abc8a3cb48b0ed64cc2fbfe888528fe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
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
meet_expappcomment:
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meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Franklin TC