Archive Decision

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Hawera HRC 1 April 2013 – R 7 (instigating a protest)

ID: JCA12833

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr Z Butcher - Junior Horseman and Driver of GARNDOR

Information Number:
A2505

Hearing Type:
Protest

Rules:
869(4)(8)

Meet Title:
Hawera HRC - 1 April 2013

Meet Chair:
ISmith

Meet Committee Member 1:
TUtikere

Race Date:
2013/04/01

Race Number:
R 7

Decision:

Therefore the committee upheld the protest and the amended placings are:

1st 6 Beguiling

2nd 1 La Norvic De Milo

3rd 2 Garndor

4th 10 Hilltop Hustler

5th 5 Eagle Eyes

Dividends to be paid accordingly.

Facts:

Following the running of Race 7 (Revital Fertilizers Mobile Pace), an information instigating a Protest was lodged pursuant to Rule 869(4) (8) by Stipendiary Steward J Muirhead alleging “Horse number 2 Garndor driven by Mr. Z Butcher impeded the progress of La Norvic De Milo driven by Mr. J Sormont during the run home.”

The Judge's Placings were:

1st Beguiling (6)

2nd Garndor (2)

3rd La Norvic De Milo (1)

4th Hilltop Hussler (10)

5th Eagle Eyes (5)

Rule 869; (4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

869; (8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to rule 1003 thereof place any horse;

(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 Protest rule was read and confirmed and understood by all present.

Submissions for Decision:

Mr. Muirhead went immediately to the video of the final bend of race 7 and identified for the committee Mr. Stormont three deep on the running line. In front of him was Mr. Z Butcher and in the front leading the field was Mr. T Mitchell. Mr Mitchell then ran clear of the field, and the chasing two were Garndor (Z Butcher) and La Norvic De Milo (J Stormont). These two then locked wheels and Mr. Stormont could not progress forward. Mr Muirhead informed the committee of the right of the person to take the passing lane, and at this point in the race Mr. Butcher whilst using the whip elects to follow Mr. Mitchell and does not take the passing lane but Mr. Stormont does. The head on film was then shown where it was clear that Garndor moves inwards and takes the line of La Norvic DeMilo who runs into a couple of pylons.

At this point of the hearing Mr. D Butcher informed the committee that their party did not wish to contest the protest.

Reasons for Decision:

Mr. D Butcher was asked by the committee to confirm his comments to which Mr. D Butcher repeated on behalf of Mr. Scaife they would not contest the protest.

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: 5e202fd03cccce14437e5cac089a39c6


informantnumber: A2505


horsename: GARNDOR


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 01/04/2013


hearing_title: Hawera HRC 1 April 2013 - R 7 (instigating a protest)


charge:


facts:

Following the running of Race 7 (Revital Fertilizers Mobile Pace), an information instigating a Protest was lodged pursuant to Rule 869(4) (8) by Stipendiary Steward J Muirhead alleging “Horse number 2 Garndor driven by Mr. Z Butcher impeded the progress of La Norvic De Milo driven by Mr. J Sormont during the run home.”

The Judge's Placings were:

1st Beguiling (6)

2nd Garndor (2)

3rd La Norvic De Milo (1)

4th Hilltop Hussler (10)

5th Eagle Eyes (5)

Rule 869; (4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

869; (8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to rule 1003 thereof place any horse;

(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 Protest rule was read and confirmed and understood by all present.


appealdecision:


isappeal:


submissionsfordecision:

Mr. Muirhead went immediately to the video of the final bend of race 7 and identified for the committee Mr. Stormont three deep on the running line. In front of him was Mr. Z Butcher and in the front leading the field was Mr. T Mitchell. Mr Mitchell then ran clear of the field, and the chasing two were Garndor (Z Butcher) and La Norvic De Milo (J Stormont). These two then locked wheels and Mr. Stormont could not progress forward. Mr Muirhead informed the committee of the right of the person to take the passing lane, and at this point in the race Mr. Butcher whilst using the whip elects to follow Mr. Mitchell and does not take the passing lane but Mr. Stormont does. The head on film was then shown where it was clear that Garndor moves inwards and takes the line of La Norvic DeMilo who runs into a couple of pylons.

At this point of the hearing Mr. D Butcher informed the committee that their party did not wish to contest the protest.


reasonsfordecision:

Mr. D Butcher was asked by the committee to confirm his comments to which Mr. D Butcher repeated on behalf of Mr. Scaife they would not contest the protest.


Decision:

Therefore the committee upheld the protest and the amended placings are:

1st 6 Beguiling

2nd 1 La Norvic De Milo

3rd 2 Garndor

4th 10 Hilltop Hustler

5th 5 Eagle Eyes

Dividends to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(4)(8)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Stormont - Driver of LA NORVIC DE MILO, Mr D Butcher - Open Horseman and representing Mr P Scaife (Trainer of GARNDOR)


Respondent: Mr Z Butcher - Junior Horseman and Driver of GARNDOR


StipendSteward:


raceid: 137ec7c6851ce72afddd173df86f3c50


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f7dda4ed191bf3b3608bc3efdcdb60fb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/04/2013


meet_title: Hawera HRC - 1 April 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawera-hrc


meet_racingtype: harness-racing


meet_chair: ISmith


meet_pm1: TUtikere


meet_pm2: none


name: Hawera HRC