Ashburton TC 15 November 2018 – R 8 (instigating a protest) – Chair, Mr G Clapp
ID: JCA13492
Meet Title:
Ashburton TC - 15 November 2018
Meet Chair:
GClapp
Meet Committee Member 1:
SChing
Race Date:
2018/11/15
Race Number:
R 8
Decision:
The protest was therefore dismissed.
The judge’s placings stood and approval was accordingly given for the payment of dividends and stake money in accordance with the committee’s decision.
Facts:
Following the running of Race 8, the “Inkwise New Zealand Mobile Pace”, an information instigating a protest was filed by Miss S O’Sullivan the driver of, “EVERY OPTION”, placed 4th against “AWAYTOCOLLECT” (Miss O Thornley), placed 3nd by the judge, on the ground that “AWAYTOCOLLECT” shifted outwards and interfered with the chances of “EVERY OPTION” (Miss S O’Sullivan).
Miss O’Sullivan and Miss Thornley were present at the hearing of the information and they indicated that they were representing the connections of “EVERY OPTION” and “AWAYTOCOLLECT”.
The judge’s placings were as follows:
1st 1 Bohannan
2nd 8 Selena Franco
3rd 12 Awaytocollect
4th 14 Every Option
5th 15 Dreamy Damian
6th 11 Pegasus Commander
The official margin between 3rd and 4th was a long neck.
Rule 869A provides:
(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 the 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.
Submissions for Decision:
Mr Renault showed video replays of the turn for home of the race. He pointed out AWAYTOCOLLECT, driven by Miss Thornley, 3 – back on the fence and EVERY OPTION, driven by Miss Sullivan 4-back on the fence as the field entered the final straight. At the 250-metre mark Miss O’Sullivan, eased her horse out from behind AWAYTOCOLLECT, Miss Thornley. At a similar time, Miss Thornley, AWAYTOCOLLECT, had moved out looking for the same gap causing EVERY OPTION to be checked.
Miss O’Sullivan used the side-on and head on video replay and submitted that she believed AWAYTOCOLLECT had not been traveling as good as he was. She had shifted out slowly in a manner that wasn’t too quick. Miss Thornley has then come out quickly and knocked the front legs of EVERY OPTION. I felt that had cost me running closer to the money. She also added that the legs of EVERY OPTION were always in front of the wheels of Miss Thornley’s sulky.
Miss Thornley said that she believed both drivers made moved their horses out at the same time. She said that her wheels were always in front of the legs of EVERY OPTION. She said that she had the room for the movement but that EVERY OPTION has made contact with her sulky with the momentum EVERY OPTION had. Mr Holmes representing Miss Thornley, submitted that at all times the sulky wheels of AWAYTOCOLLECT were in front of the legs of EVERY OPTION.
Mr Renault submitted that both horses were going for the same gap. He said when Miss O’Sullivan does get to the outside of the track, she has a horse ahead of her wider on the track and is unable to push out wider. Mr Renault said that the margin at the end between the two horses was a Long Neck. He agreed that there had been contact between EVERY OPTION and AWAYTOCOLLECT and that Miss O’Sullivan had to take hold of her horse.
Reasons for Decision:
The committee carefully considered all evidence. We agreed that there had been contact made between EVERY OPTION and AWAYTOCOLLECT. Clearly interference had taken place and the Committee needed to determine whether EVERY OPTION would have finished ahead of AWAYTOCOLLECT but for that interference.
Miss O’Sullivan told the committee that she believed the legs of her drive, EVERY OPTION were in front of the sulky wheels of Miss Thornley’s sulky.
Miss Thornley told us that she believed that the wheels of her sulky were always in the front of the legs of EVERY OPTION.
In determining that matter, the Committee agreed that contact had been made between AWAYTOCOLLECT and EVERY OPTION. We do accept that EVERY OPTION had run on strongly and the margin between 3rd AWAYTOCOLLECT and 4th EVERY OPTION was a Long Neck. However, based on the balance of probabilities we can see no reason to change the placings as the horses crossed the finishing line.
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: 3daf8d4f3d3a81e8008ed66e0cb66ddd
informantnumber: A10194
horsename: AWAY TO COLLECT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/11/2018
hearing_title: Ashburton TC 15 November 2018 - R 8 (instigating a protest) - Chair, Mr G Clapp
charge:
facts:
Following the running of Race 8, the “Inkwise New Zealand Mobile Pace”, an information instigating a protest was filed by Miss S O’Sullivan the driver of, “EVERY OPTION”, placed 4th against “AWAYTOCOLLECT” (Miss O Thornley), placed 3nd by the judge, on the ground that “AWAYTOCOLLECT” shifted outwards and interfered with the chances of “EVERY OPTION” (Miss S O’Sullivan).
Miss O’Sullivan and Miss Thornley were present at the hearing of the information and they indicated that they were representing the connections of “EVERY OPTION” and “AWAYTOCOLLECT”.
The judge’s placings were as follows:
1st 1 Bohannan
2nd 8 Selena Franco
3rd 12 Awaytocollect
4th 14 Every Option
5th 15 Dreamy Damian
6th 11 Pegasus Commander
The official margin between 3rd and 4th was a long neck.
Rule 869A provides:
(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 the 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed video replays of the turn for home of the race. He pointed out AWAYTOCOLLECT, driven by Miss Thornley, 3 – back on the fence and EVERY OPTION, driven by Miss Sullivan 4-back on the fence as the field entered the final straight. At the 250-metre mark Miss O’Sullivan, eased her horse out from behind AWAYTOCOLLECT, Miss Thornley. At a similar time, Miss Thornley, AWAYTOCOLLECT, had moved out looking for the same gap causing EVERY OPTION to be checked.
Miss O’Sullivan used the side-on and head on video replay and submitted that she believed AWAYTOCOLLECT had not been traveling as good as he was. She had shifted out slowly in a manner that wasn’t too quick. Miss Thornley has then come out quickly and knocked the front legs of EVERY OPTION. I felt that had cost me running closer to the money. She also added that the legs of EVERY OPTION were always in front of the wheels of Miss Thornley’s sulky.
Miss Thornley said that she believed both drivers made moved their horses out at the same time. She said that her wheels were always in front of the legs of EVERY OPTION. She said that she had the room for the movement but that EVERY OPTION has made contact with her sulky with the momentum EVERY OPTION had. Mr Holmes representing Miss Thornley, submitted that at all times the sulky wheels of AWAYTOCOLLECT were in front of the legs of EVERY OPTION.
Mr Renault submitted that both horses were going for the same gap. He said when Miss O’Sullivan does get to the outside of the track, she has a horse ahead of her wider on the track and is unable to push out wider. Mr Renault said that the margin at the end between the two horses was a Long Neck. He agreed that there had been contact between EVERY OPTION and AWAYTOCOLLECT and that Miss O’Sullivan had to take hold of her horse.
reasonsfordecision:
The committee carefully considered all evidence. We agreed that there had been contact made between EVERY OPTION and AWAYTOCOLLECT. Clearly interference had taken place and the Committee needed to determine whether EVERY OPTION would have finished ahead of AWAYTOCOLLECT but for that interference.
Miss O’Sullivan told the committee that she believed the legs of her drive, EVERY OPTION were in front of the sulky wheels of Miss Thornley’s sulky.
Miss Thornley told us that she believed that the wheels of her sulky were always in the front of the legs of EVERY OPTION.
In determining that matter, the Committee agreed that contact had been made between AWAYTOCOLLECT and EVERY OPTION. We do accept that EVERY OPTION had run on strongly and the margin between 3rd AWAYTOCOLLECT and 4th EVERY OPTION was a Long Neck. However, based on the balance of probabilities we can see no reason to change the placings as the horses crossed the finishing line.
Decision:
The protest was therefore dismissed.
The judge’s placings stood and approval was accordingly given for the payment of dividends and stake money in accordance with the committee’s decision.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(A)(2)
Informant: Miss S O'Sullivan - Licensed Junior Horsewoman
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Holmes - assisting Miss Thornley, Mr C DeFilippi - assisting Miss O'Sullivan, Mr Renault - Stipendiary Steward
Respondent: Miss O Thornley - Licensed Junior Horsewoman
StipendSteward:
raceid: 7482aaa05eb65f8f5f67f570d02762c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 757cf6dbcb299acd6b46a74823d1b65e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/11/2018
meet_title: Ashburton TC - 15 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: GClapp
meet_pm1: SChing
meet_pm2: none
name: Ashburton TC