Ashburton TC 5 June 2016 – R 6 (instigating a protest) – Chair,Mr S Ching
ID: JCA12937
Meet Title:
Ashburton TC - 5 June 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/06/05
Race Number:
R6
Decision:
The protest was upheld with the amended judges placings as follows:
1st - CHRISTOPHER BANNER (9)
2nd - ORDER ONLINE (3)
3rd - WAR HORSE (1)
4th - GIMMEGOLD (10)
5th - FRANCO TARIQ (5)
6th - BLINGITON (7)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 6, the Inkwise NZ Mobile Pace, an Information instigating a protest was filed by Junior Driver, Mr T Quate, alleging interference in the run home by 3rd placed, GIMMEGOLD (10), driven by Mr J Hay, to WAR HORSE (1), driven by Mr T Quate, in that GIMMEGOLD shifted inwards in the passing lane when not entitled to, hampering the chances of WAR HORSE who was unable to improve past.
The Judges placings in this race were as follows.
1st - CHRISTOPHER BANNER (9)
2nd - ORDER ONLINE (3)
3rd - GIMMEGOLD (10)
4th - WAR HORSE (1)
5th - FRANCO TARIQ (5)
6th - BLINGITON (7)
The official margin between 3rd and 4th was a short neck.
Rule 869A(2) provides as follows.
(2) 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 that 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.
Mr Quate was assisted at the hearing by Open Horseman, Mr T Chmiel. Mr Quate indicated that he represented the connections of WAR HORSE. Mr J Hay, driver of GIMMEGOLD, was present at the hearing and he indicated that he was representing the connections of that horse.
Submissions for Decision:
Mr Ydgren showed the relevant films of the alleged interference which occurred shortly after the entrance to the passing lane. Mr Ydgren pointed out GIMMEGOLD, driven by Mr Hay, racing on the pylons behind the lead horse with WAR HORSE, driven by Mr Quate, in the trail. As the horses passed the entrance to the passing lane, Mr Hay shifted his horse down into the passing lane as he was entitled to do so with Mr Quate following Mr Hay. Mr Hay positioned GIMMEGOLD approximately a horse and sulky width into the passing lane leaving a gap on his inner which Mr Quate attempted to take advantage of. Mr Hay then continued shifting down further into the passing lane effectively closing the gap on Mr Quate who was unable to improve any further and was forced down over the pylons and eventually locked wheels with Mr Hay. At no stage was Mr Quate able to improve past Mr Hay.
Mr Chmiel stated that there was sufficient room for Mr Quate to improve inside Mr Hay and that he was established inside Mr Hay’s wheel when Mr Hay began shifting in further taking the rightful line of Mr Quate.
Mr Hay stated that there may have been a gap shortly after the entrance to the passing lane but it had only presented itself briefly. He said Mr Quate had never established himself in the gap.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that GIMMEGOLD had rightfully taken up a position in the passing lane shortly after the entrance. We were also satisfied that trailing runner WAR HORSE also shifted down into the passing lane behind GIMMEGOLD and then attempted to take advantage of a gap on the inside of GIMMEGOLD. The Committee found that there was room for WAR HORSE to improve into this gap and also found that WAR HORSE was established on GIMMEGOLD’S wheel and established in the gap when that horse began to shift inwards effectively forcing WAR HORSE down over the pylons eventually locking wheels.
Taking the official margin of a short neck into consideration as well as finding that WAR HORSE had been impeded for the majority of the passing lane, the Committee determined that but for the interference suffered from GIMMEGOLD, WAR HORSE would have finished ahead of GIMMEGOLD. The protest was accordingly upheld.
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: 6bea227674a0ad4009c97e55ec602f20
informantnumber: A8030
horsename: GIMMEGOLD
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/06/2016
hearing_title: Ashburton TC 5 June 2016 - R 6 (instigating a protest) - Chair,Mr S Ching
charge:
facts:
Following the running of Race 6, the Inkwise NZ Mobile Pace, an Information instigating a protest was filed by Junior Driver, Mr T Quate, alleging interference in the run home by 3rd placed, GIMMEGOLD (10), driven by Mr J Hay, to WAR HORSE (1), driven by Mr T Quate, in that GIMMEGOLD shifted inwards in the passing lane when not entitled to, hampering the chances of WAR HORSE who was unable to improve past.
The Judges placings in this race were as follows.
1st - CHRISTOPHER BANNER (9)
2nd - ORDER ONLINE (3)
3rd - GIMMEGOLD (10)
4th - WAR HORSE (1)
5th - FRANCO TARIQ (5)
6th - BLINGITON (7)
The official margin between 3rd and 4th was a short neck.
Rule 869A(2) provides as follows.
(2) 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 that 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.
Mr Quate was assisted at the hearing by Open Horseman, Mr T Chmiel. Mr Quate indicated that he represented the connections of WAR HORSE. Mr J Hay, driver of GIMMEGOLD, was present at the hearing and he indicated that he was representing the connections of that horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed the relevant films of the alleged interference which occurred shortly after the entrance to the passing lane. Mr Ydgren pointed out GIMMEGOLD, driven by Mr Hay, racing on the pylons behind the lead horse with WAR HORSE, driven by Mr Quate, in the trail. As the horses passed the entrance to the passing lane, Mr Hay shifted his horse down into the passing lane as he was entitled to do so with Mr Quate following Mr Hay. Mr Hay positioned GIMMEGOLD approximately a horse and sulky width into the passing lane leaving a gap on his inner which Mr Quate attempted to take advantage of. Mr Hay then continued shifting down further into the passing lane effectively closing the gap on Mr Quate who was unable to improve any further and was forced down over the pylons and eventually locked wheels with Mr Hay. At no stage was Mr Quate able to improve past Mr Hay.
Mr Chmiel stated that there was sufficient room for Mr Quate to improve inside Mr Hay and that he was established inside Mr Hay’s wheel when Mr Hay began shifting in further taking the rightful line of Mr Quate.
Mr Hay stated that there may have been a gap shortly after the entrance to the passing lane but it had only presented itself briefly. He said Mr Quate had never established himself in the gap.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that GIMMEGOLD had rightfully taken up a position in the passing lane shortly after the entrance. We were also satisfied that trailing runner WAR HORSE also shifted down into the passing lane behind GIMMEGOLD and then attempted to take advantage of a gap on the inside of GIMMEGOLD. The Committee found that there was room for WAR HORSE to improve into this gap and also found that WAR HORSE was established on GIMMEGOLD’S wheel and established in the gap when that horse began to shift inwards effectively forcing WAR HORSE down over the pylons eventually locking wheels.
Taking the official margin of a short neck into consideration as well as finding that WAR HORSE had been impeded for the majority of the passing lane, the Committee determined that but for the interference suffered from GIMMEGOLD, WAR HORSE would have finished ahead of GIMMEGOLD. The protest was accordingly upheld.
Decision:
The protest was upheld with the amended judges placings as follows:
1st - CHRISTOPHER BANNER (9)
2nd - ORDER ONLINE (3)
3rd - WAR HORSE (1)
4th - GIMMEGOLD (10)
5th - FRANCO TARIQ (5)
6th - BLINGITON (7)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A(2)
Informant: Mr T Quate - Junior Horseman driver of WAR HORSE
JockeysandTrainer:
Otherperson:
PersonPresent: Mr T Chmiel - Open Horseman assisting Mr Quate
Respondent: Mr J Hay - Open Horseman driver of GIMMEGOLD
StipendSteward:
raceid: 9b4a96d5757086d0e76ea38df4d593a2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f39ae9eed4dfb0b49a8fcce421bea0af
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/06/2016
meet_title: Ashburton TC - 5 June 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Ashburton TC