Wairarapa HRC 8 February 2015 – R 5 (instigating a protest)
ID: JCA12577
Meet Title:
Wairarapa HRC - 8 February 2015
Meet Chair:
PWilliams
Meet Committee Member 1:
NMoffatt
Race Date:
2015/02/08
Race Number:
R5
Decision:
The protest is dismissed and the Judge’s placings as called and detailed above are confirmed. Authorisation is given for the payment of dividends and stakes.
Facts:
Following the running of Race 5 the “Larnoch Sheep Stud Mobile Pace” Information A2335 was filed by Stipendiary Steward Mr L Tidmarsh instigating a protest. The Information alleged a breach of Rule 869A(2) and the Passing Lane Regulations by “Howzat” driven by Open Horseman Mr Ferguson. The Information stated “In that “Howzat” denied the trailing “Bankcard” access to the passing lane in the final straight.”
Rule 869A(2) states:-
When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Passing Lane Regulation 4 states:-
In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
Both Mr Ferguson and Mr Poutama said they understood the Rule and Regulations and the reason for the protest being lodged.
The placings as called by the Judge were:-
1st Howzat (5)
2nd Bankcard (1)
3rd Mapua Mabel(4)
4th Travelling Man (3)
5th Rimutoto Prince (2)
The official margin between 1st and 2nd was a half neck.
Submissions for Decision:
Mr Tidmarsh used the head on film of the last 250m of the race from the top of the straight to highlight the incident. He said “Howzat” and Mr Ferguson rounded the final bend in front of the field and on straightening up for the run home commenced to drift in towards the markers thereby denying “Bankcard” and Mr Poutama in the trailing position access to the passing lane that he was entitled to. He said as Mr Ferguson continued on and got closer to the finishing line he drifted out giving Mr Poutama the space he was entitled to. He said “Bankcard” then finished strongly to be beaten a half neck by “Howzat”.
Mr Poutama said he didn’t feel he was given enough access to the passing lane at the top of the straight and had he taken what gap there was he felt he would have ended up inside the markers. He said as he got closer to the finish of the race Mr Ferguson moved out enabling him to come through along his inside.
Mr Ferguson said as he straightened up for the run home he kept a tight and straight line off the lane and this was supported by the film that showed that his wheel did not drift across the line of the last pylon on the corner. He said at no point in the early stages of the run home did Mr Poutama’s horse get up inside the wheel of his horse even though, he felt, there was plenty of room to do so. He said the film showed Mr Poutama pull the hood, using the whip and that at no stage did he stop driving the horse. Mr Ferguson thought “Bankcard” did not want to take the gap and it was only when his horse drifted out towards the end of the race that “Bankcard” took the gap and came through. He reiterated that as the horses commenced the run to line there was ample room for Mr Poutama to come up inside into the passing lane but he wasn’t fast enough to get there.
Mr Neal said the Stewards had lodged the protest but after viewing the film during the course of the hearing and listening to the evidence of Mr Ferguson he believed there was enough room for Mr Poutama to attempt to access the passing lane as the horses commenced their final run home. He said it was not possible to tell if Mr Poutama, having got into the gap, would have ended up beating Mr Ferguson but said when the passing lane became available there was a big enough gap for Mr Poutama to take.
Reasons for Decision:
The Committee has listened to the submissions of the Stewards and the drivers and carefully reviewed the head on film of the final 250m of the race. Mr Ferguson was leading the race into the final straight and Mr Poutama was trailing him in second place. As Mr Ferguson straightened up we believe he kept a very straight line and if there was any inward movement by him it was minimal and not able to be clearly seen. The passing lane on this course is not the widest (at best only 1 sulky width) but at the point where it starts it is wide enough for a trailing horse to come through. We do not believe Mr Poutama’s horse was, at that point in the race, going well enough to take the gap available and as a result he ended up behind Mr Ferguson. As the horses raced inside the final 150m Mr Poutama to his credit did not try and move into a gap that wasn’t there although when Mr Ferguson did shift outwards in the final 100m he was able to come through and get to within a half neck of the winner. The Committee believes Mr Ferguson did maintain as straight a course as possible parallel to the running line and therefore did not breach Passing Lane Regulation 4 or cause interference to “Bankcard”.
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: 3a03b768af5d4bee60c1ff3adf7ebe72
informantnumber: A2335
horsename: HOWZAT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/02/2015
hearing_title: Wairarapa HRC 8 February 2015 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5 the “Larnoch Sheep Stud Mobile Pace” Information A2335 was filed by Stipendiary Steward Mr L Tidmarsh instigating a protest. The Information alleged a breach of Rule 869A(2) and the Passing Lane Regulations by “Howzat” driven by Open Horseman Mr Ferguson. The Information stated “In that “Howzat” denied the trailing “Bankcard” access to the passing lane in the final straight.”
Rule 869A(2) states:-
When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Passing Lane Regulation 4 states:-
In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
Both Mr Ferguson and Mr Poutama said they understood the Rule and Regulations and the reason for the protest being lodged.
The placings as called by the Judge were:-
1st Howzat (5)
2nd Bankcard (1)
3rd Mapua Mabel(4)
4th Travelling Man (3)
5th Rimutoto Prince (2)
The official margin between 1st and 2nd was a half neck.
appealdecision:
isappeal:
submissionsfordecision:
Mr Tidmarsh used the head on film of the last 250m of the race from the top of the straight to highlight the incident. He said “Howzat” and Mr Ferguson rounded the final bend in front of the field and on straightening up for the run home commenced to drift in towards the markers thereby denying “Bankcard” and Mr Poutama in the trailing position access to the passing lane that he was entitled to. He said as Mr Ferguson continued on and got closer to the finishing line he drifted out giving Mr Poutama the space he was entitled to. He said “Bankcard” then finished strongly to be beaten a half neck by “Howzat”.
Mr Poutama said he didn’t feel he was given enough access to the passing lane at the top of the straight and had he taken what gap there was he felt he would have ended up inside the markers. He said as he got closer to the finish of the race Mr Ferguson moved out enabling him to come through along his inside.
Mr Ferguson said as he straightened up for the run home he kept a tight and straight line off the lane and this was supported by the film that showed that his wheel did not drift across the line of the last pylon on the corner. He said at no point in the early stages of the run home did Mr Poutama’s horse get up inside the wheel of his horse even though, he felt, there was plenty of room to do so. He said the film showed Mr Poutama pull the hood, using the whip and that at no stage did he stop driving the horse. Mr Ferguson thought “Bankcard” did not want to take the gap and it was only when his horse drifted out towards the end of the race that “Bankcard” took the gap and came through. He reiterated that as the horses commenced the run to line there was ample room for Mr Poutama to come up inside into the passing lane but he wasn’t fast enough to get there.
Mr Neal said the Stewards had lodged the protest but after viewing the film during the course of the hearing and listening to the evidence of Mr Ferguson he believed there was enough room for Mr Poutama to attempt to access the passing lane as the horses commenced their final run home. He said it was not possible to tell if Mr Poutama, having got into the gap, would have ended up beating Mr Ferguson but said when the passing lane became available there was a big enough gap for Mr Poutama to take.
reasonsfordecision:
The Committee has listened to the submissions of the Stewards and the drivers and carefully reviewed the head on film of the final 250m of the race. Mr Ferguson was leading the race into the final straight and Mr Poutama was trailing him in second place. As Mr Ferguson straightened up we believe he kept a very straight line and if there was any inward movement by him it was minimal and not able to be clearly seen. The passing lane on this course is not the widest (at best only 1 sulky width) but at the point where it starts it is wide enough for a trailing horse to come through. We do not believe Mr Poutama’s horse was, at that point in the race, going well enough to take the gap available and as a result he ended up behind Mr Ferguson. As the horses raced inside the final 150m Mr Poutama to his credit did not try and move into a gap that wasn’t there although when Mr Ferguson did shift outwards in the final 100m he was able to come through and get to within a half neck of the winner. The Committee believes Mr Ferguson did maintain as straight a course as possible parallel to the running line and therefore did not breach Passing Lane Regulation 4 or cause interference to “Bankcard”.
Decision:
The protest is dismissed and the Judge’s placings as called and detailed above are confirmed. Authorisation is given for the payment of dividends and stakes.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(A)2 and Passing Lane Regulation 4
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Neal - Co-Chief Stipendiary Steward, Mr A Poutama - Junior Horseman and Driver of "Bankcard", Mr P Ferguson - Open Horseman and Driver of "Howzat"
Respondent: Mr S Doody - Public Trainer
StipendSteward:
raceid: 87faa296c316370c93560d7146e62030
race_expapproval:
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race_noreport: 0
race_emailed1: 0
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race_title: R5
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meetdate: 08/02/2015
meet_title: Wairarapa HRC - 8 February 2015
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name: Wairarapa HRC