Archive Decision

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HR Waikato 4 December 2014 – R 6 (instigating a protest)

ID: JCA13626

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Mr B Mangos Open Horseman for connections of ROCKN RUBY

Information Number:
A3652

Hearing Type:
Protest

Rules:
Rules 869 (4A) and 869A (2)

Meet Title:
Harness Racing Waikato - 4 December 2014

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2014/12/04

Race Number:
R6

Decision:

The Protest is upheld.

Accordingly pursuant to Rule 869A(2) the amended placings are:

1st        MALOO

2nd       TAKE THE HINT

3rd        LIVELY NIGHTS

4th        ROCKN RUBY

5th        WESTBURN COURAGE

It was ordered that dividends and stake money be paid in accordance with the amended placings.

Facts:

Following the running of Race 6, the MASTERLINK MANAGED APPRENTICES HANDICAP PACE, an Information instigating a Protest was lodged pursuant to Rules 869(4A) and 869A (2). The Informant, Mr Muirhead alleged that ROCKN RUBY driven by Mr Mangos caused interference to LIVELY NIGHTS driven by Mr J Dickie shortly after the start costing it at least 30 metres and its position in the field.

ROCKN RUBY finished 3rd and LIVELY NIGHTS 4th. 

Mr Mangos was present at the hearing representing the connections of ROCKN RUBY and advised the Registrar that he did not wish to contest the Protest.

Rule 869(4A) provides that " No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.

Rule 869A (2) provides that " 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 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".

The Judge's Placings were:

1st       MALOO

2nd      TAKE THE HINT

3rd       ROCKN RUBY

4th       LIVELY NIGHTS

5th       WESTBURN COURAGE

Submissions for Decision:

Mr Muirhead demonstrated the incident at the start of this race using the available films. He pointed out that ROCKN RUBY had gone into a gallop and locked wheels with LIVELY NIGHTS. Mr Dickie, driving LIVELY NIGHTS had originally been following MALOO and as a result of being interfered with by ROCKN RUBY had lost its position in the field and approximately 30 metres. Mr Muirhead indicated to the Committee that he would accordingly be seeking the relegation of ROCKN RUBY.

Mr Mangos was not present at the hearing to make any submissions.

Reasons for Decision:

The Committee took into account the submissions of Mr Muirhead and note that Mr Mangos did not contest the Protest. The films clearly showed that ROCKN RUBY went into a gallop and locked wheels with LIVELY NIGHTS which lost its position and considerable ground.

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: 4f3be9370742478b4ae371f003f4b4e2


informantnumber: A3652


horsename: ROCKN RUBY


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 25/11/2014


hearing_title: HR Waikato 4 December 2014 - R 6 (instigating a protest)


charge:


facts:

Following the running of Race 6, the MASTERLINK MANAGED APPRENTICES HANDICAP PACE, an Information instigating a Protest was lodged pursuant to Rules 869(4A) and 869A (2). The Informant, Mr Muirhead alleged that ROCKN RUBY driven by Mr Mangos caused interference to LIVELY NIGHTS driven by Mr J Dickie shortly after the start costing it at least 30 metres and its position in the field.

ROCKN RUBY finished 3rd and LIVELY NIGHTS 4th. 

Mr Mangos was present at the hearing representing the connections of ROCKN RUBY and advised the Registrar that he did not wish to contest the Protest.

Rule 869(4A) provides that " No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.

Rule 869A (2) provides that " 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 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".

The Judge's Placings were:

1st       MALOO

2nd      TAKE THE HINT

3rd       ROCKN RUBY

4th       LIVELY NIGHTS

5th       WESTBURN COURAGE


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead demonstrated the incident at the start of this race using the available films. He pointed out that ROCKN RUBY had gone into a gallop and locked wheels with LIVELY NIGHTS. Mr Dickie, driving LIVELY NIGHTS had originally been following MALOO and as a result of being interfered with by ROCKN RUBY had lost its position in the field and approximately 30 metres. Mr Muirhead indicated to the Committee that he would accordingly be seeking the relegation of ROCKN RUBY.

Mr Mangos was not present at the hearing to make any submissions.


reasonsfordecision:

The Committee took into account the submissions of Mr Muirhead and note that Mr Mangos did not contest the Protest. The films clearly showed that ROCKN RUBY went into a gallop and locked wheels with LIVELY NIGHTS which lost its position and considerable ground.


Decision:

The Protest is upheld.

Accordingly pursuant to Rule 869A(2) the amended placings are:

1st        MALOO

2nd       TAKE THE HINT

3rd        LIVELY NIGHTS

4th        ROCKN RUBY

5th        WESTBURN COURAGE

It was ordered that dividends and stake money be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rules 869 (4A) and 869A (2)


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr B Mangos Open Horseman for connections of ROCKN RUBY


StipendSteward:


raceid: 72d35174231e60209accb0897992c1e3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1de3a9d3a3f3b57d528912942cf521ab


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/12/2014


meet_title: Harness Racing Waikato - 4 December 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato