Oamaru HRC 14 July 2013 – R 2 (instigating a protest)
ID: JCA13267
Meet Title:
Oamaru HRC - 14 July 2013
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2013/07/14
Race Number:
R2
Decision:
As there is no breach of r 869(6)(b), (c) we dismiss the protest. We add that had we found there was a breach we would have exercised our discretion in favour of RACE CAFÉ as the consequence for Mr Ward after moving around the field was a one out one back sit for the last lap. We would not have found that his chances had been sufficiently affected to warrant a change of placings.
Placings are as called by the Judge. Dividends and stakes are to be paid accordingly.
Facts:
Mr Renault, stipendiary steward, alleged that horse number 12 RACE CAFÉ (A Edge) which was placed 2nd in race 2, the Bishopdale-Bush Inn Mobile Pace, interfered with horse 9 placed 7th by the Judge, in that along the back straight on the 1st occasion RACE CAFÉ forced WOT THE OWL (T Ward) to race wider on the track.
Judge’s placings were:
1st 7 MONTECRENGLE
2nd 12 RACE CAFÉ
3RD 6 XMAS IN NEW YORK
4TH 8 FIERY RASCAL
5TH 5 CULLEN’S MERCY
Rule 869(6)(b), (c) and (8) state:
(6) Subject to sub-rule (4) hereof:-
(a) horseman are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
(8) 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.
Mr Edge indicated that he would represent the connections of RACE CAFÉ until they arrived in the room. Mr M Jones, trainer of RACE CAFÉ, arrived as the details of the information were being read.
Submissions for Decision:
Mr Renault had Mr Quirk, stipendiary steward, demonstrate on the videos that just after entering the back straight with some 2000 metres to race Mr Edge, who was racing at the back of the field on the inner moved to the 2 wide position forcing Mr Ward, who was progressing from last, 3 wide on the track. Mr Ward remained 3 wide for 800 metres before slotting into the one back one out position just before the winning post with a lap to run. RACE CAFÉ finished 2nd and WOT THE OWL finished 7th. Mr Quirk demonstrated that WOT THE OWL had progressed to sit outside the sulky of RACE CAFÉ when Mr Edge moved out.
Mr Ward gave evidence that as he was progressing forward from the back Mr Edge came out underneath him and forced him 3 wide. He said he was then forced to race around the field, whereas his intention was to sit at the rear. He said he would not have progressed around the field, as he did, because he believed the pace was too strong at that time.
Mr Edge said he did not believe that he had pushed Mr Ward out as all he did was fill a gap that had presented itself. He also demonstrated with reference to the video that he was already out 2 wide on the bend before Mr Ward moved up. He said there was no contact with Mr Ward and he believed when he moved out it had only been half a cart.
Mr Jones stated that Mr Edge had simply taken room that was available to him and there was no breach of the push out rule. He also stated he did not believe Mr Ward was making ground on Mr Edge at the time.
Mr Renault in summing up said the committee had to determine whether Mr Edge was in breach of the push out rule or had simply moved out and filled a gap that was available to him.
Reasons for Decision:
The video evidence is inconclusive. None of the available angles demonstrate the incident clearly. While we are aware Mr Ward states that he was pushed out, both Mr Edge and Mr Jones are adamant that all RACE CAFÉ was doing was filling a gap that had become available. Mr Edge has demonstrated he was 2 wide on the bend but it is not clear from the videos whether he had remained 2 wide. In light of his evidence that he moved out in the back straight to fill a gap, it would appear he had moved back down on the track. The evidence suggests that he was half a cart out at the time of the incident.
We find on the evidence that Mr Edge was not in breach of the push out rule and had simply moved out and filled a gap that was available to him.
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: 5a70ace262b90c21d7f8ea7448f1d59e
informantnumber: A1824
horsename: RACE CAFE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/06/2013
hearing_title: Oamaru HRC 14 July 2013 - R 2 (instigating a protest)
charge:
facts:
Mr Renault, stipendiary steward, alleged that horse number 12 RACE CAFÉ (A Edge) which was placed 2nd in race 2, the Bishopdale-Bush Inn Mobile Pace, interfered with horse 9 placed 7th by the Judge, in that along the back straight on the 1st occasion RACE CAFÉ forced WOT THE OWL (T Ward) to race wider on the track.
Judge’s placings were:
1st 7 MONTECRENGLE
2nd 12 RACE CAFÉ
3RD 6 XMAS IN NEW YORK
4TH 8 FIERY RASCAL
5TH 5 CULLEN’S MERCY
Rule 869(6)(b), (c) and (8) state:
(6) Subject to sub-rule (4) hereof:-
(a) horseman are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
(8) 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.
Mr Edge indicated that he would represent the connections of RACE CAFÉ until they arrived in the room. Mr M Jones, trainer of RACE CAFÉ, arrived as the details of the information were being read.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault had Mr Quirk, stipendiary steward, demonstrate on the videos that just after entering the back straight with some 2000 metres to race Mr Edge, who was racing at the back of the field on the inner moved to the 2 wide position forcing Mr Ward, who was progressing from last, 3 wide on the track. Mr Ward remained 3 wide for 800 metres before slotting into the one back one out position just before the winning post with a lap to run. RACE CAFÉ finished 2nd and WOT THE OWL finished 7th. Mr Quirk demonstrated that WOT THE OWL had progressed to sit outside the sulky of RACE CAFÉ when Mr Edge moved out.
Mr Ward gave evidence that as he was progressing forward from the back Mr Edge came out underneath him and forced him 3 wide. He said he was then forced to race around the field, whereas his intention was to sit at the rear. He said he would not have progressed around the field, as he did, because he believed the pace was too strong at that time.
Mr Edge said he did not believe that he had pushed Mr Ward out as all he did was fill a gap that had presented itself. He also demonstrated with reference to the video that he was already out 2 wide on the bend before Mr Ward moved up. He said there was no contact with Mr Ward and he believed when he moved out it had only been half a cart.
Mr Jones stated that Mr Edge had simply taken room that was available to him and there was no breach of the push out rule. He also stated he did not believe Mr Ward was making ground on Mr Edge at the time.
Mr Renault in summing up said the committee had to determine whether Mr Edge was in breach of the push out rule or had simply moved out and filled a gap that was available to him.
reasonsfordecision:
The video evidence is inconclusive. None of the available angles demonstrate the incident clearly. While we are aware Mr Ward states that he was pushed out, both Mr Edge and Mr Jones are adamant that all RACE CAFÉ was doing was filling a gap that had become available. Mr Edge has demonstrated he was 2 wide on the bend but it is not clear from the videos whether he had remained 2 wide. In light of his evidence that he moved out in the back straight to fill a gap, it would appear he had moved back down on the track. The evidence suggests that he was half a cart out at the time of the incident.
We find on the evidence that Mr Edge was not in breach of the push out rule and had simply moved out and filled a gap that was available to him.
Decision:
As there is no breach of r 869(6)(b), (c) we dismiss the protest. We add that had we found there was a breach we would have exercised our discretion in favour of RACE CAFÉ as the consequence for Mr Ward after moving around the field was a one out one back sit for the last lap. We would not have found that his chances had been sufficiently affected to warrant a change of placings.
Placings are as called by the Judge. Dividends and stakes are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(6)(b), (c) and (8)
Informant: Mr Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr T Ward - Amateur Horseman and Driver of WOT THE OWL, Mr Quirk - Stipendiary Steward
Respondent: Mr A Edge - Driver of RACE CAFE, Mr M Jones - Trainer of RACE CAFE
StipendSteward:
raceid: ea41209169dffca33a4858b683f77e6d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 127bcb0af45a954270619b0d4bf7d557
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/07/2013
meet_title: Oamaru HRC - 14 July 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Oamaru HRC