Manukau TC 17 December 2013 – R 5 (instigating a protest)
ID: JCA12547
Meet Title:
Manukau TC - 17 December 2013
Meet Chair:
BScott
Race Date:
2013/12/17
Race Number:
R5
Decision:
The Protest is upheld and BURT MUNRO is relegated to 7th place behind VIKING GIRL
The amended placings are now :
First (8) ITSNOWORNEVER
Second (4) OUR SUPER RAM
Third (7) JESSICA
Fourth (1) ROYAL PILOT
Fifth (2) IMSMARTENOUGH
Sixth (3) VIKING GIRL
It is ordered that Dividends and Stakes be paid in accordance with the amended placings.
Facts:
Following the running of the WOODLANDS STUD TROT an Information instigating a Protest was lodged by Stipendiary Steward, Mr JM Muirhead against the second placing of horse number 4, BURT MUNRO (Driver D Branch ) on the grounds of causing interference to VIKING GIRL (Driver R Downey ) racing into the first bend.
Mr Branch was present and he had Senior Horseman Mr MW McKendry assisting him.
Mr Downey, the Driver and Mr Dempsey the Owner/Trainer of VIKING GIRL were also present.
Mr Branch advised that the Protest was contested.
Mr Muirhead gave evidence and said that he watched the race from the Stewards viewing area and said that going into the first bend BURT MUNRO was racing on the outside of VIKING GIRL. He said there appeared to be some tightening and he heard Mr Downey yelling out. He said that Mr Downey then restrained his horse and it broke and went back through the field losing its chance.
Mr Muirhead then demonstrated the incident by use of the race films. He showed BURT MUNRO tightening VIKING GIRL on the first bend and Mr Downey restraining his horse and it then broke.
Mr Downey then said that racing into the first bend BURT MUNRO was racing tightly outside his horse and it continued an inwards movement. He said that he yelled out to Mr Branch several times but Mr Branch took no notice and continued on with his movement. He said that it got very tight and he had to restrain his horse and it broke and lost its chance. He said that it was very tight and his horse may also have seen the sulky wheel of Mr Branch's horse and shied at it. He did say that although there was no contact BURT MUNRO had continued to run down on his horse.
Mr Branch said that he was one out and that he had kept his line. There was no contact.
Mr McKendry said that although Mr Downey was tightened a little bit his horse may also have shied.
Mr Muirhead asked Mr Downey if he thought there would have been contact if he did not restrain his horse and he said there would have been contact. Mr Branch disputed this.
Submissions for Decision:
Mr Muirhead submitted that BURT MUNRO had by its inwards movement tightened VIKING GIRL causing that horse to run out of room and have to be restrained and it broke losing all chance.
Mr Branch said he believed that there was plenty of room and that both Mr Downey and he were jostling for position.
Reasons for Decision:
I have listened to the evidence and viewed the films several times. Clearly there was tightening by BURT MUNRO onto VIKING GIRL racing into the first bend and this was the reason for Mr Downey calling out several times to Mr Branch. This was not challenged by Mr Branch.
In my view Mr Downey was put in a position where he had to restrain his horse and in doing so, it broke. Even though Mr Downey has called out to him Mr Branch has not taken any corrective action whatsoever and has just continued with his inwards movement. It should be remembered that this was racing into the first bend and both horse were keen and it should also be remembered that these were loose class trotters and tightening would have a significant effect on them.
I am quite satisfied that BURT MUNRO and its Driver have caused interference to VIKING GIRL and in doing so caused it to break and lose all chance.
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: 6b54edd55bf5d6d1175098b47ce5dbee
informantnumber: A3833
horsename: BURT MUNRO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2013
hearing_title: Manukau TC 17 December 2013 - R 5 (instigating a protest)
charge:
facts:
Following the running of the WOODLANDS STUD TROT an Information instigating a Protest was lodged by Stipendiary Steward, Mr JM Muirhead against the second placing of horse number 4, BURT MUNRO (Driver D Branch ) on the grounds of causing interference to VIKING GIRL (Driver R Downey ) racing into the first bend.
Mr Branch was present and he had Senior Horseman Mr MW McKendry assisting him.
Mr Downey, the Driver and Mr Dempsey the Owner/Trainer of VIKING GIRL were also present.
Mr Branch advised that the Protest was contested.
Mr Muirhead gave evidence and said that he watched the race from the Stewards viewing area and said that going into the first bend BURT MUNRO was racing on the outside of VIKING GIRL. He said there appeared to be some tightening and he heard Mr Downey yelling out. He said that Mr Downey then restrained his horse and it broke and went back through the field losing its chance.
Mr Muirhead then demonstrated the incident by use of the race films. He showed BURT MUNRO tightening VIKING GIRL on the first bend and Mr Downey restraining his horse and it then broke.
Mr Downey then said that racing into the first bend BURT MUNRO was racing tightly outside his horse and it continued an inwards movement. He said that he yelled out to Mr Branch several times but Mr Branch took no notice and continued on with his movement. He said that it got very tight and he had to restrain his horse and it broke and lost its chance. He said that it was very tight and his horse may also have seen the sulky wheel of Mr Branch's horse and shied at it. He did say that although there was no contact BURT MUNRO had continued to run down on his horse.
Mr Branch said that he was one out and that he had kept his line. There was no contact.
Mr McKendry said that although Mr Downey was tightened a little bit his horse may also have shied.
Mr Muirhead asked Mr Downey if he thought there would have been contact if he did not restrain his horse and he said there would have been contact. Mr Branch disputed this.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead submitted that BURT MUNRO had by its inwards movement tightened VIKING GIRL causing that horse to run out of room and have to be restrained and it broke losing all chance.
Mr Branch said he believed that there was plenty of room and that both Mr Downey and he were jostling for position.
reasonsfordecision:
I have listened to the evidence and viewed the films several times. Clearly there was tightening by BURT MUNRO onto VIKING GIRL racing into the first bend and this was the reason for Mr Downey calling out several times to Mr Branch. This was not challenged by Mr Branch.
In my view Mr Downey was put in a position where he had to restrain his horse and in doing so, it broke. Even though Mr Downey has called out to him Mr Branch has not taken any corrective action whatsoever and has just continued with his inwards movement. It should be remembered that this was racing into the first bend and both horse were keen and it should also be remembered that these were loose class trotters and tightening would have a significant effect on them.
I am quite satisfied that BURT MUNRO and its Driver have caused interference to VIKING GIRL and in doing so caused it to break and lose all chance.
Decision:
The Protest is upheld and BURT MUNRO is relegated to 7th place behind VIKING GIRL
The amended placings are now :
First (8) ITSNOWORNEVER
Second (4) OUR SUPER RAM
Third (7) JESSICA
Fourth (1) ROYAL PILOT
Fifth (2) IMSMARTENOUGH
Sixth (3) VIKING GIRL
It is ordered that Dividends and Stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(4)
Informant: Mr JM Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: M W McKendry - Senior Horseman assisting Mr Branch, R Downey - Driver of VIKING GIRL
Respondent: Mr D Branch - Junior Horseman Driver of BURT MUNRO
StipendSteward:
raceid: c77bd403483d1ea894ac7c6b5ae3f847
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 46a28d05871fa059a2619a550dbebb38
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/12/2013
meet_title: Manukau TC - 17 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: none
meet_pm2: none
name: Manukau TC