Auckland TC 1 March 2013 (instigating a protest)
ID: JCA12788
Meet Title:
Auckland TC - 1 March 2013
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2013/03/01
Race Number:
R2
Decision:
The Protest is dismissed and the Judge's placings stand. We order that Dividends and Stakes be paid in accordance with the Judge's placings.
Facts:
An Information was lodged by Stipendiary Steward Mr NG McIntyre against the 3rd placing of horse number 10 SECRET DESIRE (Driver S Phelan) on the grounds that Mr Phelan breached the Push Out Rule with approximately 1100 metres to run forcing STEFFI RICE (Driver P Ferguson) to race wider on the track.
Messrs Phelan and Ferguson both advised the Committee that they represented the connections of their respective horses.
Mr Phelan further advised that the Protest was contested.
The relevant Rules were read and Mr Phelan confirmed that he understood them.
Mr McIntyre demonstrated the incident by use of the video films and showed that at about the 1100 metres mark Mr Ferguson was moving around the field 3 wide and when he got alongside Mr Phelan's sulky wheels Mr Phelan moved out and pushed Mr Ferguson out 4 wide. Mr McIntyre said that the nose of Mr Ferguson's horse was either in line with or past the sulky wheel of Mr Phelan's horse and that was a breach of the Push Out Rule.
Mr Ferguson said that he was moving smartly around the field and he was not watching the horses inside him. In answer to a question from the Committee he said he did not call out to Mr Phelan. He acknowledged that he had to race 4 wide but he said that his horse was one that just wanted to press on and he was unable to ease it in behind Mr Phelan's horse.
Mr Phelan said that when he moved Mr Ferguson's horse was not alongside his wheel. He used the films in slow motion to show that in his opinion he had moved first. He did acknowledge that it was a marginal call.
Submissions for Decision:
Mr McIntyre in summary said that it was clear from the films that Mr Phelan had pushed Mr Ferguson's horse out but he would leave it to the Committee to decide if the Push Out Rule had been breached. He did say that SECRET DESIRE had gained an advantage from Mr Phelan's actions.
Mr Ferguson said that he was not sure where his horse's nose was in relation to Mr Phelan's sulky and that was because he wasn't watching Mr Phelan.
Mr Phelan said that the films showed that he had made his move prior to Mr Ferguson's horse coming alongside him.
Reasons for Decision:
The Committee has listened to the evidence and viewed the films several times. We were unsure as to whether all of the films were completely synchronised and the Technician was unable to give us sufficient certainty.
In any event it was unclear to us as to whether or not the nose of Mr Ferguson's horse was alongside the sulky wheel of Mr Phelan's horse at the time of the outwards movement from SECRET DESIRE. The evidence before us is in our view inconclusive.
JCA Decision Fields (raw)
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hearingid: 586c569d662fb0a93ec42f810278f8a9
informantnumber: A4631
horsename: SECRET DESIRE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/02/2013
hearing_title: Auckland TC 1 March 2013 (instigating a protest)
charge:
facts:
An Information was lodged by Stipendiary Steward Mr NG McIntyre against the 3rd placing of horse number 10 SECRET DESIRE (Driver S Phelan) on the grounds that Mr Phelan breached the Push Out Rule with approximately 1100 metres to run forcing STEFFI RICE (Driver P Ferguson) to race wider on the track.
Messrs Phelan and Ferguson both advised the Committee that they represented the connections of their respective horses.
Mr Phelan further advised that the Protest was contested.
The relevant Rules were read and Mr Phelan confirmed that he understood them.
Mr McIntyre demonstrated the incident by use of the video films and showed that at about the 1100 metres mark Mr Ferguson was moving around the field 3 wide and when he got alongside Mr Phelan's sulky wheels Mr Phelan moved out and pushed Mr Ferguson out 4 wide. Mr McIntyre said that the nose of Mr Ferguson's horse was either in line with or past the sulky wheel of Mr Phelan's horse and that was a breach of the Push Out Rule.
Mr Ferguson said that he was moving smartly around the field and he was not watching the horses inside him. In answer to a question from the Committee he said he did not call out to Mr Phelan. He acknowledged that he had to race 4 wide but he said that his horse was one that just wanted to press on and he was unable to ease it in behind Mr Phelan's horse.
Mr Phelan said that when he moved Mr Ferguson's horse was not alongside his wheel. He used the films in slow motion to show that in his opinion he had moved first. He did acknowledge that it was a marginal call.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre in summary said that it was clear from the films that Mr Phelan had pushed Mr Ferguson's horse out but he would leave it to the Committee to decide if the Push Out Rule had been breached. He did say that SECRET DESIRE had gained an advantage from Mr Phelan's actions.
Mr Ferguson said that he was not sure where his horse's nose was in relation to Mr Phelan's sulky and that was because he wasn't watching Mr Phelan.
Mr Phelan said that the films showed that he had made his move prior to Mr Ferguson's horse coming alongside him.
reasonsfordecision:
The Committee has listened to the evidence and viewed the films several times. We were unsure as to whether all of the films were completely synchronised and the Technician was unable to give us sufficient certainty.
In any event it was unclear to us as to whether or not the nose of Mr Ferguson's horse was alongside the sulky wheel of Mr Phelan's horse at the time of the outwards movement from SECRET DESIRE. The evidence before us is in our view inconclusive.
Decision:
The Protest is dismissed and the Judge's placings stand. We order that Dividends and Stakes be paid in accordance with the Judge's placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(4) and 869(6)(b)&(c)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr P Ferguson - Driver of STEFFI RICE
Respondent: Mr S Phelan - Driver of SECRET DESIRE
StipendSteward:
raceid: 59505357cd7ade3a6967132c868e7567
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: bf2000b0b1e9cea903130c0cae22e1c9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/03/2013
meet_title: Auckland TC - 1 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC