Cambridge – Te Awamutu HRC 18 April 2013 – R 1 (instigating a protest)
ID: JCA13467
Meet Title:
Cambridge - Te Awamutu HRC - 18 April 2013
Meet Chair:
ADooley
Meet Committee Member 1:
JHolloway
Race Date:
2013/04/18
Race Number:
R1
Decision:
Accordingly, the protest is upheld and Imajollywally is relegated from 1st place to 13th in behind Curlys Cousin.
The amended placings are now:
1st No.11 OUTRAGEOUS DELIGHT
2nd No. 6 THRILL FACTOR
3rd No.12 LUCKY JOHN
4th No. 2 LISA'S LAWYER
In conclusion we order the payment of stakes and dividends in accordance with the amended placings.
Facts:
Following the running of Race 1, Mitre 10 Mega Cambridge Amateur Drivers Mobile Pace, an information Instigating a Protest was filed by Mr Muirhead, against the first placing of IMAJOLLYWALLY on the grounds of causing interference to CURLYS COUSIN racing into the first bend. The information was filed pursuant to Rule 869.
The judge's placing were as follows:
1st No. 5 IMAJOLLYWALLY
2nd No. 11 OUTRAGEOUS DELIGHT
3rd No. 6 THRILL FACTOR
4th No. 12 LUCKY JOHN
5th No. 2 LISA'S LAWYER
The protest was contested.
Rule 869(4) provides:
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Rule 869(4A) provides:
“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.”
Rule 869(8) provides:
“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.”
Submissions for Decision:
Mr Muirhead demonstrated the incident by use of the video films. He pointed out to the Committee that racing into the first bend Imajollywally was 1 off the running line and pacing roughly when in the lead. He then showed where Imajollywally broke shortly after this and drifted back towards the rest of the field. In doing so he interfered with the chances of Curlys Cousin which forced its driver to take a hold. As a result of this incident Curlys Cousin had its chances extinguished when taking evasive action to avoid Imajollywally. He said there was no contact between the 2 horses.
Mr Brownlee said he agreed with Mr Muirhead’s interpretation of the alleged incident. He said his horse broke and lost all chance as a result of Imajollywally pacing roughly and breaking going into the first bend. He confirmed no contact occurred.
Mr Hunt said that no contact had occurred and believed it was more the racing manners of Curlys Cousin that resulted in him breaking and losing all chance.
Mr Phillips told the Committee that his horse did gallop on the first bend and he called out to fellow drivers. He said Imajollywally did come back pacing and there was no contact between his horse and Curlys Cousin. He believed the problem was Curlys Cousin had over reacted to the incident. He said he had trained Curlys Cousin previously and was of the view a more settled and tractable horse would have dealt with the situation better.
Mr Muirhead in summing up submitted that it was the racing manners of Imajollywally that caused the incident. He believed if it had not broken racing into the first bend Curlys Cousin would not have had its chances affected. He said the films showed that Imajollywally did cause the interference. He referred to Curlys Cousin recent record which showed in his last 3 starts there had been no problem with his racing manners.
Reasons for Decision:
The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that Imajollywally broke free from any interference racing into the first bend. This resulted in Curlys Cousin breaking and losing all chance. We note that Aceman and JD's Dream were crowded for room when taking evasive action inside the galloping Curlys Cousin.
The Committee is satisfied that interference had taken place and it was caused by Imajollywally and the chances of Curlys Cousin were extinguished.
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: 3b0873b4d5ac2278445d3cf6ad2b01c8
informantnumber: A2493
horsename: IMAJOLLYWALLY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 21/04/2013
hearing_title: Cambridge - Te Awamutu HRC 18 April 2013 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, Mitre 10 Mega Cambridge Amateur Drivers Mobile Pace, an information Instigating a Protest was filed by Mr Muirhead, against the first placing of IMAJOLLYWALLY on the grounds of causing interference to CURLYS COUSIN racing into the first bend. The information was filed pursuant to Rule 869.
The judge's placing were as follows:
1st No. 5 IMAJOLLYWALLY
2nd No. 11 OUTRAGEOUS DELIGHT
3rd No. 6 THRILL FACTOR
4th No. 12 LUCKY JOHN
5th No. 2 LISA'S LAWYER
The protest was contested.
Rule 869(4) provides:
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Rule 869(4A) provides:
“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.”
Rule 869(8) provides:
“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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by use of the video films. He pointed out to the Committee that racing into the first bend Imajollywally was 1 off the running line and pacing roughly when in the lead. He then showed where Imajollywally broke shortly after this and drifted back towards the rest of the field. In doing so he interfered with the chances of Curlys Cousin which forced its driver to take a hold. As a result of this incident Curlys Cousin had its chances extinguished when taking evasive action to avoid Imajollywally. He said there was no contact between the 2 horses.
Mr Brownlee said he agreed with Mr Muirhead’s interpretation of the alleged incident. He said his horse broke and lost all chance as a result of Imajollywally pacing roughly and breaking going into the first bend. He confirmed no contact occurred.
Mr Hunt said that no contact had occurred and believed it was more the racing manners of Curlys Cousin that resulted in him breaking and losing all chance.
Mr Phillips told the Committee that his horse did gallop on the first bend and he called out to fellow drivers. He said Imajollywally did come back pacing and there was no contact between his horse and Curlys Cousin. He believed the problem was Curlys Cousin had over reacted to the incident. He said he had trained Curlys Cousin previously and was of the view a more settled and tractable horse would have dealt with the situation better.
Mr Muirhead in summing up submitted that it was the racing manners of Imajollywally that caused the incident. He believed if it had not broken racing into the first bend Curlys Cousin would not have had its chances affected. He said the films showed that Imajollywally did cause the interference. He referred to Curlys Cousin recent record which showed in his last 3 starts there had been no problem with his racing manners.
reasonsfordecision:
The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that Imajollywally broke free from any interference racing into the first bend. This resulted in Curlys Cousin breaking and losing all chance. We note that Aceman and JD's Dream were crowded for room when taking evasive action inside the galloping Curlys Cousin.
The Committee is satisfied that interference had taken place and it was caused by Imajollywally and the chances of Curlys Cousin were extinguished.
Decision:
Accordingly, the protest is upheld and Imajollywally is relegated from 1st place to 13th in behind Curlys Cousin.
The amended placings are now:
1st No.11 OUTRAGEOUS DELIGHT
2nd No. 6 THRILL FACTOR
3rd No.12 LUCKY JOHN
4th No. 2 LISA'S LAWYER
In conclusion we order the payment of stakes and dividends in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr I Brownlee - Amateur Driver of CURLYS COUSIN, Mr S Phillips - Amateur Driver of IMAJOLLYWALLY
Respondent: Mr S Hunt - Trainer of IMAJOLLYWALLY
StipendSteward:
raceid: e990ce445f6206ea13021aa49359f36c
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: b07960f2dd90b0d3cc8e56f6eb459c81
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/04/2013
meet_title: Cambridge - Te Awamutu HRC - 18 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: JHolloway
meet_pm2: none
name: Cambridge - Te Awamutu HRC