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Auckland TC 29 April 2011 – R 9 (Instigating a Protest)

ID: JCA13495

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr P Nairn - Licensed Horseman and Licensed Trainer

Information Number:
13866

Hearing Type:
Protest

Rules:
869(4) and Cl 4 Passing Lane Regulations

Meet Title:
Auckland TC - 29 April 2011

Meet Chair:
BScott

Meet Committee Member 1:
GHall

Race Date:
2011/04/29

Race Number:
R9

Decision:

The protest is accordingly upheld and MUSGROVE is relegated from 4th place to 7th place. The amended result if now:
1st 4 Raydon
2nd 3 Dr Hook
3rd 8 Sovereignty
4th 7 Lets Get Serious
5th 1 Pocaro
6th 2 Mon Star
It was ordered that dividends and stakes be paid in accordance with the amended result.
 

Facts:

Following the running of Race 9 an Information Instigating a Protest was filed by Stipendiary Steward, Mr JM Muirhead against the fourth placing of MUSGROVE (Driver PC Nairn) on the grounds that MUSGROVE moved inwards into the passing lane impeding the progress of MON STAR (Driver BM Mangos).
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(4)(A) provides:
“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress”.
Clause 4 of the Passing Lane Regulations provides:
“In the last lap of any race the leading horse on the Running Line shall, upon entering the Home Straight maintain as straight a course as possible parallel to the Running Line and allow the trailing horses full access to the expanded inside lane”.

 

 
Mr Nairn the Trainer and Driver of MUSGROVE was present at the Hearing and advised this Committee that he was representing the connections of that horse. Mr Nairn was asked if the protest was contested and after consideration he said that he was contesting the protest.

 

Submissions for Decision:

Mr Muirhead demonstrated the incident by use of the video films. He showed where MUSGROVE had led the field into the straight and had drifted into the passing lane. MON STAR was the trailing horse at the time and Mr Mangos as its Driver went to improve along the passing lane but the inwards movement of MUSGROVE meant that Mr Mangos had to take hold of his horse because he had run out of room. Mr Muirhead said that MON STAR’S chances were affected because MUSGROVE had denied it access to the passing lane.
MUSGROVE finished fourth and MON STAR finished seventh.
 
Mr Mangos as the Drive of MON STAR gave evidence and he confirmed Mr Muirhead’s evidence and also the evidence displayed on the video films. He said he was attempting to move along the passing land but MUSGROVE had moved in and had denied him access to it.
He did say that his chances were affected by being denied access to the Passing Lane.
 
Mr Nairn for his part said that he had tried to keep his horse straight but that it had drifted into the passing lane and he had steered it out again. He believed that his horse was only momentarily in the passing lane and he said that in any event that at no stage did Mr Mangos push his horse MON STAR up on the inside of Mr Nairn’s horse.
 
Mr Muirhead then pointed out to the Committee that the movement of MUSGROVE was very clear and regardless of the reasons it had breached Rule 869(4) and the Passing Lane Regulations.

 

Reasons for Decision:

The Committee viewed the films several times and also reviewed the evidence presented to it. The films clearly show MUSGROVE leading into the straight and then not keeping a straight line and moving into the passing lane when it was not entitled to do so. The films also show Mr Mangos endeavouring to gain access to the passing lane but being denied that access because of the movement of MUSGROVE. Mr Mangos had to take hold of his horse and in the Committee’s view the chances of his horse were affected.

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: 3df200f31d14e01979e5aaeb2516e793

informantnumber: 13866

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 14/04/2011

hearing_title: Auckland TC 29 April 2011 - R 9 (Instigating a Protest)

charge:

facts:

Following the running of Race 9 an Information Instigating a Protest was filed by Stipendiary Steward, Mr JM Muirhead against the fourth placing of MUSGROVE (Driver PC Nairn) on the grounds that MUSGROVE moved inwards into the passing lane impeding the progress of MON STAR (Driver BM Mangos).
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(4)(A) provides:
“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress”.
Clause 4 of the Passing Lane Regulations provides:
“In the last lap of any race the leading horse on the Running Line shall, upon entering the Home Straight maintain as straight a course as possible parallel to the Running Line and allow the trailing horses full access to the expanded inside lane”.

 

 
Mr Nairn the Trainer and Driver of MUSGROVE was present at the Hearing and advised this Committee that he was representing the connections of that horse. Mr Nairn was asked if the protest was contested and after consideration he said that he was contesting the protest.

 

appealdecision:

isappeal:

submissionsfordecision:

Mr Muirhead demonstrated the incident by use of the video films. He showed where MUSGROVE had led the field into the straight and had drifted into the passing lane. MON STAR was the trailing horse at the time and Mr Mangos as its Driver went to improve along the passing lane but the inwards movement of MUSGROVE meant that Mr Mangos had to take hold of his horse because he had run out of room. Mr Muirhead said that MON STAR’S chances were affected because MUSGROVE had denied it access to the passing lane.
MUSGROVE finished fourth and MON STAR finished seventh.
 
Mr Mangos as the Drive of MON STAR gave evidence and he confirmed Mr Muirhead’s evidence and also the evidence displayed on the video films. He said he was attempting to move along the passing land but MUSGROVE had moved in and had denied him access to it.
He did say that his chances were affected by being denied access to the Passing Lane.
 
Mr Nairn for his part said that he had tried to keep his horse straight but that it had drifted into the passing lane and he had steered it out again. He believed that his horse was only momentarily in the passing lane and he said that in any event that at no stage did Mr Mangos push his horse MON STAR up on the inside of Mr Nairn’s horse.
 
Mr Muirhead then pointed out to the Committee that the movement of MUSGROVE was very clear and regardless of the reasons it had breached Rule 869(4) and the Passing Lane Regulations.

 

reasonsfordecision:

The Committee viewed the films several times and also reviewed the evidence presented to it. The films clearly show MUSGROVE leading into the straight and then not keeping a straight line and moving into the passing lane when it was not entitled to do so. The films also show Mr Mangos endeavouring to gain access to the passing lane but being denied that access because of the movement of MUSGROVE. Mr Mangos had to take hold of his horse and in the Committee’s view the chances of his horse were affected.

Decision:

The protest is accordingly upheld and MUSGROVE is relegated from 4th place to 7th place. The amended result if now:
1st 4 Raydon
2nd 3 Dr Hook
3rd 8 Sovereignty
4th 7 Lets Get Serious
5th 1 Pocaro
6th 2 Mon Star
It was ordered that dividends and stakes be paid in accordance with the amended result.
 

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 869(4) and Cl 4 Passing Lane Regulations

Informant: Mr J Muirhead - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr B Mangos - Licensed Open Horseman

Respondent: Mr P Nairn - Licensed Horseman and Licensed Trainer

StipendSteward:

raceid: 7da75343468142cf37cfbf3a73438a9c

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R9

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: d4b2a40a36f8eb96466dfde352dc31ad

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 29/04/2011

meet_title: Auckland TC - 29 April 2011

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: auckland-tc

meet_racingtype: harness-racing

meet_chair: BScott

meet_pm1: GHall

meet_pm2: none

name: Auckland TC