Westport TC 11 March 2011 – R 1 (instigating a protest)
ID: JCA12998
Meet Title:
Westport TC - 11 March 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2011/03/11
Race Number:
R1
Decision:
As the protest was not contested “Gunman” was disqualified from the race. The amended placings are as follows.
1st – McLeod (12)
2nd – Secret Squirrel (11)
3rd – DJ Hanover (5)
4th – Manchester Tom (4)
5th – Seel The Gift (7)
6th – Lexington Lad (9)
Facts:
Following the running of Race 1, the Motels of Westport/West Coast Messenger Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging interference by “Gunman” (14), driven by Mr J. C. E. Thomas, to “Drivin Dirty” (10), driven by Mr S. R. McNally.
The Judges placings in this race were as follows.
1st – McLeod (12)
2nd – Secret Squirrel (11)
3rd – DJ Hanover (5)
4th – Gunman (14)
5th – Manchester Tom (4)
6th – Seel The Gift (7)
The Information reads as follows.
“This is a protest against horse number (14) placed 4th by the Judge on the grounds of interference rounding the final bend to (10), (13) and (8).”
Rule 869(8) provides as follows.
“The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(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 connections of “Gunman” were represented at this hearing by Mr J. C. E. Thomas, the driver, and Mr I. R. Thomas the Trainer and part owner of that horse. Mr S. R. McNally, the driver of “Drivin Dirty”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Video coverage of this incident was shown to illustrate that rounding the home bend “Gunman” moved inwards making contact with “Drivin Dirty” which broke. As a result there was interference to “Tinted Field” (8) and “Tara Top Lady”, with all three horses losing their chances in the race.
Mr McNally confirmed that “Gunman” had moved inwards as alleged and that it had made contact with his horse which broke.
Mr J. C. E. Young had endorsed on the Information – “I do not contest the protest”. Mr I. R. Thomas appeared during the hearing, and he was given an opportunity to hear the evidence and see the video coverage, after which he confirmed that the protest was not contested.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Lexie Highlander” did break at about the 200 metre mark, but there was no satisfactory evidence that there had been interference from “Makarewa Sun” to cause this break. We accepted that there was no contact between the two horses, and preferred Mr Dunn’s evidence that his horse had overreacted to the situation.
Taking all the above matters into account we decided that this protest should be dismissed.
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: 3467b5603390d8c1d8fa65893ad925e8
informantnumber: 13823
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2011
hearing_title: Westport TC 11 March 2011 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, the Motels of Westport/West Coast Messenger Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging interference by “Gunman” (14), driven by Mr J. C. E. Thomas, to “Drivin Dirty” (10), driven by Mr S. R. McNally.
The Judges placings in this race were as follows.
1st – McLeod (12)
2nd – Secret Squirrel (11)
3rd – DJ Hanover (5)
4th – Gunman (14)
5th – Manchester Tom (4)
6th – Seel The Gift (7)
The Information reads as follows.
“This is a protest against horse number (14) placed 4th by the Judge on the grounds of interference rounding the final bend to (10), (13) and (8).”
Rule 869(8) provides as follows.
“The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(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 connections of “Gunman” were represented at this hearing by Mr J. C. E. Thomas, the driver, and Mr I. R. Thomas the Trainer and part owner of that horse. Mr S. R. McNally, the driver of “Drivin Dirty”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Video coverage of this incident was shown to illustrate that rounding the home bend “Gunman” moved inwards making contact with “Drivin Dirty” which broke. As a result there was interference to “Tinted Field” (8) and “Tara Top Lady”, with all three horses losing their chances in the race.
Mr McNally confirmed that “Gunman” had moved inwards as alleged and that it had made contact with his horse which broke.
Mr J. C. E. Young had endorsed on the Information – “I do not contest the protest”. Mr I. R. Thomas appeared during the hearing, and he was given an opportunity to hear the evidence and see the video coverage, after which he confirmed that the protest was not contested.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Lexie Highlander” did break at about the 200 metre mark, but there was no satisfactory evidence that there had been interference from “Makarewa Sun” to cause this break. We accepted that there was no contact between the two horses, and preferred Mr Dunn’s evidence that his horse had overreacted to the situation.
Taking all the above matters into account we decided that this protest should be dismissed.
Decision:
As the protest was not contested “Gunman” was disqualified from the race. The amended placings are as follows.
1st – McLeod (12)
2nd – Secret Squirrel (11)
3rd – DJ Hanover (5)
4th – Manchester Tom (4)
5th – Seel The Gift (7)
6th – Lexington Lad (9)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mrs KR Williams - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr SR McNally - driver of DRIVIN DIRTY, Mr JCE Thomas - Junior Horseman driver of GUNMAN, Mr IR Thomas - Trainer of GUNMAN
Respondent:
StipendSteward:
raceid: 651fc10899c02c7e2d8491ed158d0509
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cf833fd1e1d0e9ed0df015132dab77f9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/03/2011
meet_title: Westport TC - 11 March 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Westport TC