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Wyndham HRC 14 November 201 – R 6 (instigating a protest)

ID: JCA13130

Applicant:
Mr P T Knowles

Respondent(s):
B R Shirly, Driver of Turbine

Information Number:
13356

Hearing Type:
Protest

Rules:
869(8)(b)

Meet Title:
Wyndham HRC - 14 November 2010

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2010/11/14

Race Number:
R 6

Decision:

The Committee was satisfied that interference of a significant nature had taken place and as a result the protest was upheld, Turbine being relegated from 4th placing to 11th placing.
 
The official judges’ placings now read:
1st- Jumpforjoy
2nd- Alpine Andy
3rd- Le Sol
4th- Felix Hanover

Facts:

Charges:

At the conclusion of race 6 the Kina Craig Mobile Pace a protest was lodged by stipendiary steward Mr P T Knowles alleging under rule 8698B, that with approximately 300 metres to run Turbine (B R Shirley) shifted ground outwards when insufficiently clear of Hot Ripple( A J Suddaby) causing Hot Ripple to break and lose its chance. 

The rule reads 869(8)(b) :

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which may have interfered with ,or who’s 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.


OFFICIAL JUDGES PLACINGS:
1st- 6 Jumpforjoy (C J Barron)
2nd- 12 Alpine Andy (R Swain)
3rd- 5 Le Sol (D Dunn)
4th- 2 Turbine (B Shirley)
5th- 8 Felix Hanover (B Norman)

Facts:

Stipendiary steward Mr Allison showed the committee several video clips of the alleged incident focusing mainly on the back view angle that clearly demonstrated in Mr Allison’s opinion the outwards movement of Turbine onto Hot Ripple, who in turn interfered with Felix Hanover (B Norman).

Submissions for Decision:

Mr Knowles stated that in his opinion that an error of judgment had been made by Mr Shirley.

Mr Suddaby (Hot Ripple) said that Mr Shirley had come out and “bowled his horse over”. He also said he had yelled out to Mr Shirley but by that time it was too late and contact was made.
 
Mr Suddaby also stated that he was entitled to move when he did and that in his opinion he did not contribute in any way to the incident.
 
Mr Norman ( Felix Hanover ) said he had heard Mr Suddaby calling out to Mr Shirley and in his opinion he had no doubt that Mr Shirley’s actions had caused the incident.
 
Mr Shirley had asked the committee to focus on the video clips and in particular where his horses head was, stating that Turbines head was in front of Jumpforjoy's ( C Barron) saying that “I beat him for the gap”.
 
Mr Shirley also said that Mr Suddaby had also gone for a position on the track that was not there and had become unavailable because he had positioned Turbine into that gap.
 
Mr Suddaby disputed Mr Shirley’s statements saying that he had moved out well before Mr Shirley’s horse had moved out.

Reasons for Decision:

The Committee believes that the back view video clip of the alleged incident highlighted that Mr Shirley had made a simple error of judgment moving outwards when there was insufficient room to do so. It is our opinion that Mr Suddaby had already progressed forward prior to Mr Shirley moving out.
 
Neither Mr Suddaby nor Mr Norman’s actions contributed to the incident in the Committee's view.

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: 46d9c1cd57bf10056945f8c28608eff4

informantnumber: 13356

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 16/11/2010

hearing_title: Wyndham HRC 14 November 201 - R 6 (instigating a protest)

charge:

facts:

Charges:

At the conclusion of race 6 the Kina Craig Mobile Pace a protest was lodged by stipendiary steward Mr P T Knowles alleging under rule 8698B, that with approximately 300 metres to run Turbine (B R Shirley) shifted ground outwards when insufficiently clear of Hot Ripple( A J Suddaby) causing Hot Ripple to break and lose its chance. 

The rule reads 869(8)(b) :

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which may have interfered with ,or who’s 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.


OFFICIAL JUDGES PLACINGS:
1st- 6 Jumpforjoy (C J Barron)
2nd- 12 Alpine Andy (R Swain)
3rd- 5 Le Sol (D Dunn)
4th- 2 Turbine (B Shirley)
5th- 8 Felix Hanover (B Norman)

Facts:

Stipendiary steward Mr Allison showed the committee several video clips of the alleged incident focusing mainly on the back view angle that clearly demonstrated in Mr Allison’s opinion the outwards movement of Turbine onto Hot Ripple, who in turn interfered with Felix Hanover (B Norman).

appealdecision:

isappeal:

submissionsfordecision:

Mr Knowles stated that in his opinion that an error of judgment had been made by Mr Shirley.

Mr Suddaby (Hot Ripple) said that Mr Shirley had come out and “bowled his horse over”. He also said he had yelled out to Mr Shirley but by that time it was too late and contact was made.
 
Mr Suddaby also stated that he was entitled to move when he did and that in his opinion he did not contribute in any way to the incident.
 
Mr Norman ( Felix Hanover ) said he had heard Mr Suddaby calling out to Mr Shirley and in his opinion he had no doubt that Mr Shirley’s actions had caused the incident.
 
Mr Shirley had asked the committee to focus on the video clips and in particular where his horses head was, stating that Turbines head was in front of Jumpforjoy's ( C Barron) saying that “I beat him for the gap”.
 
Mr Shirley also said that Mr Suddaby had also gone for a position on the track that was not there and had become unavailable because he had positioned Turbine into that gap.
 
Mr Suddaby disputed Mr Shirley’s statements saying that he had moved out well before Mr Shirley’s horse had moved out.

reasonsfordecision:

The Committee believes that the back view video clip of the alleged incident highlighted that Mr Shirley had made a simple error of judgment moving outwards when there was insufficient room to do so. It is our opinion that Mr Suddaby had already progressed forward prior to Mr Shirley moving out.
 
Neither Mr Suddaby nor Mr Norman’s actions contributed to the incident in the Committee's view.

Decision:

The Committee was satisfied that interference of a significant nature had taken place and as a result the protest was upheld, Turbine being relegated from 4th placing to 11th placing.
 
The official judges’ placings now read:
1st- Jumpforjoy
2nd- Alpine Andy
3rd- Le Sol
4th- Felix Hanover

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 869(8)(b)

Informant: Mr P T Knowles

JockeysandTrainer:

Otherperson:

PersonPresent: A J Suddaby, driver of Hot Ripple, B M Norman, driver of Felix Hanover, C J Alllison, Stipendiary Steward

Respondent: B R Shirly, Driver of Turbine

StipendSteward:

raceid: d7a9a8c88979851df29ad724d5ce00c5

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 6

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: d035836de1a9c6732119d128590a4b3f

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 14/11/2010

meet_title: Wyndham HRC - 14 November 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: wyndham-hrc

meet_racingtype: harness-racing

meet_chair: NSkelt

meet_pm1: ADennis

meet_pm2: none

name: Wyndham HRC