Cambridge-Te Awamutu HRC 30 December 2011 – R 4 (instigating a protest)
ID: JCA12888
Code:
Thoroughbred
Meet Title:
Cambridge - Te Awamutu HRC - 30 December 2011
Meet Chair:
GJones
Meet Committee Member 1:
JHolloway
Race Date:
2011/12/30
Race Number:
R 4
Decision:
Accordingly Leroy Brogden is relegated from 2nd to 3rd. The amended placing are:
1st - Clive Bromac (No 10)
2nd - Nickys Passion (No 8)
3rd - Leroy Brogden (No 1)
4th - Gods Girl (No 3)
Payment of dividends are authorised in accordance with the amended placings.
Facts:
This was a contested protest hearing into the 2nd placing of No 1 Leroy Brogden. The provisional Judges placings in Race 4 were:
1st - Clive Bromac (No 10)
2nd - Leroy Brogden (No 1)
3rd - Nicky’s Passion (No 8)
4th - Gods Girl (No 3)
At the commencement of the hearing the relevant Rules were explained to Ms Chilcott and Mr Thomas who was representing the owners of Leroy Brogden.
Stipendiary Steward Mr Taumanu told the Judicial Control Authority Committee (“the Committee”) that Leroy Brogden had gained an advantage by shifting inside the marker line shortly after entering the home straight.
Stipendiary Steward Mr Muirhead demonstrated the alleged incident by way of head and side-on video footage. He said that as the field approached the home straight, Leroy Brogden was racing three deep behind Ambros Favourite (P Ferguson), who was directly behind the leader, Clive Bromac (D Butcher). Leroy Brogden improved inside Ambros Favourite and in doing so crossed the marker line, knocking down one pylon and brushing at least one other.
Ms Chilcott told the Committee that Mr Fergusons horse was not travelling well enough to take the passing lane and was laying in on her. She said that it was because of the “laying in” that she elected to take the passing lane and in doing so she momentarily crossed the marker line.
Submissions for Decision:
Mr Taumanu submitted that Leroy Brogden gained an advantage by moving into the passing lane and crossing inside the track markers.
Ms Chilcott submitted that the manoeuvre did not affect the result of the race and in her opinion Leroy Brogden would have finished in second place regardless. She also submitted that Mr Ferguson had not actually taken the passing lane and on that basis she was entitled to move into it.
Reasons for Decision:
The Committee carefully assessed the submissions and video footage of the incident. The video footage clearly showed that Leroy Brogden shifted inside the marker line for several metres.
The Committee does not agree with Ms Chilcott’s submission that Mr Fergusons drive was laying in on her and we do not believe that this was a contributory factor in terms of Leroy Brogden shifting into the marker line.
We noted that the third placed horse, Nickys Passion was finishing strongly and that the first three placegetters were well clear of the rest of the field. The official margins were ¾ length between first and second, ¾ length between second and third and 3 ¾ lengths back to the fourth placegetter.
The committee is of the view that had Leroy Brogden not moved into the marker line to improve its position, it may not have finished ahead of Nickys Passion. On that basis we determined that Leroy Brogden did gain an unfair advantage over Nickys Passion, but due to the significant margin between third and fourth (3 ¾ lengths) we do not believe that the fourth placegetter was disadvantaged.
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: 653de2a92503a962b0bb2046eb82666f
informantnumber: 13135
horsename: LEROY BROGDEN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/12/2011
hearing_title: Cambridge-Te Awamutu HRC 30 December 2011 - R 4 (instigating a protest)
charge:
facts:
This was a contested protest hearing into the 2nd placing of No 1 Leroy Brogden. The provisional Judges placings in Race 4 were:
1st - Clive Bromac (No 10)
2nd - Leroy Brogden (No 1)
3rd - Nicky’s Passion (No 8)
4th - Gods Girl (No 3)
At the commencement of the hearing the relevant Rules were explained to Ms Chilcott and Mr Thomas who was representing the owners of Leroy Brogden.
Stipendiary Steward Mr Taumanu told the Judicial Control Authority Committee (“the Committee”) that Leroy Brogden had gained an advantage by shifting inside the marker line shortly after entering the home straight.
Stipendiary Steward Mr Muirhead demonstrated the alleged incident by way of head and side-on video footage. He said that as the field approached the home straight, Leroy Brogden was racing three deep behind Ambros Favourite (P Ferguson), who was directly behind the leader, Clive Bromac (D Butcher). Leroy Brogden improved inside Ambros Favourite and in doing so crossed the marker line, knocking down one pylon and brushing at least one other.
Ms Chilcott told the Committee that Mr Fergusons horse was not travelling well enough to take the passing lane and was laying in on her. She said that it was because of the “laying in” that she elected to take the passing lane and in doing so she momentarily crossed the marker line.
appealdecision:
isappeal:
submissionsfordecision:
Mr Taumanu submitted that Leroy Brogden gained an advantage by moving into the passing lane and crossing inside the track markers.
Ms Chilcott submitted that the manoeuvre did not affect the result of the race and in her opinion Leroy Brogden would have finished in second place regardless. She also submitted that Mr Ferguson had not actually taken the passing lane and on that basis she was entitled to move into it.
reasonsfordecision:
The Committee carefully assessed the submissions and video footage of the incident. The video footage clearly showed that Leroy Brogden shifted inside the marker line for several metres.
The Committee does not agree with Ms Chilcott’s submission that Mr Fergusons drive was laying in on her and we do not believe that this was a contributory factor in terms of Leroy Brogden shifting into the marker line.
We noted that the third placed horse, Nickys Passion was finishing strongly and that the first three placegetters were well clear of the rest of the field. The official margins were ¾ length between first and second, ¾ length between second and third and 3 ¾ lengths back to the fourth placegetter.
The committee is of the view that had Leroy Brogden not moved into the marker line to improve its position, it may not have finished ahead of Nickys Passion. On that basis we determined that Leroy Brogden did gain an unfair advantage over Nickys Passion, but due to the significant margin between third and fourth (3 ¾ lengths) we do not believe that the fourth placegetter was disadvantaged.
Decision:
Accordingly Leroy Brogden is relegated from 2nd to 3rd. The amended placing are:
1st - Clive Bromac (No 10)
2nd - Nickys Passion (No 8)
3rd - Leroy Brogden (No 1)
4th - Gods Girl (No 3)
Payment of dividends are authorised in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7A) and 869(8)(a)
Informant: Mr T Taumanu - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Stipendiary Steward, Mr R Death - Registrar, Mr G Thomas - Reprsenting the owner of LEROY BROGDEN
Respondent: Ms N Chilcott - Driver/Trainer of LEROY BROGDEN
StipendSteward:
raceid: c91fbdbcc659c346a839d8f99aef8dec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 05d00b1a00c760f43e72cbc3adb57cc6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2011
meet_title: Cambridge - Te Awamutu HRC - 30 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: JHolloway
meet_pm2: none
name: Cambridge - Te Awamutu HRC