Hawera HRC 21 April 2014 – R 3 (instigating a protest)
ID: JCA13630
Meet Title:
Hawera HRC - 21 April 2014
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
ISmith
Race Date:
2014/04/21
Race Number:
R 3
Decision:
The protest was dismissed with the dividends and prize money to be paid on the Judge’s placings.
Facts:
Following the running of Race 3 (Brian Fleming Memorial Mobile Pace 2000m) Information No. A3354 was filed with the Judicial Committee. The Information read that P TOMADO improved inside the marker pegs rounding the final bend.
The Judge’s placings were:
1st No.2 P TOMADO
2nd No.7 ACES FELLA
3rd No.5 OUR WICKLOW
4th No.10 GILTED
Rule 869(7)(B) reads:
Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race.
Ms Chilcott acknowledged that she understood the rule.
Submissions for Decision:
Mr Tidmarsh and Mr Neal showed the alleged incident on film replays and showed where P TOMADO had gone over the outside of the first marker peg, then the inside sulky wheel went inside the next three marker pegs, and finally went over the outside of the next peg. Mr Neal said that the distance travelled inside the pegs was perhaps in excess of 30m. The committee was informed that the marker pegs were 10m apart.
Ms Chilcott said that her horse did go over and inside the pegs, but that it was difficult to say how far she had travelled inside the pegs, but said that it was between 27 and 29 metres and definitely not more than 30 metres. She added that the angle of the films did not clearly show the distance that she had been inside the pegs.
In summing up, Mr Tidmarsh said that in the Stipendiary Stewards' view it was 50/50 whether the horse (P TOMADO) went 29 or 30 metres inside the marker pegs. As a result of this comment, the Chairman then asked the Stipendiary Steward if there was now some doubt as to the distance. His response was that there was some doubt as he could not say for sure that she (Ms Chilcott) was inside the markers for more than 30 metres.
Reasons for Decision:
Taking into account the content of all submissions and in particular the final submission made by the informant, and that there was not any compelling evidence that P TOMADO had travelled inside the marker pegs for more than 30 metres, which is the requirement for a disqualification, the committee reached the conclusion that the protest could not be sustained.
JCA Decision Fields (raw)
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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: 4ffd2fa7d7f080cbba7820bc7dd0e108
informantnumber: A3354
horsename: P TOMADO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/04/2014
hearing_title: Hawera HRC 21 April 2014 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3 (Brian Fleming Memorial Mobile Pace 2000m) Information No. A3354 was filed with the Judicial Committee. The Information read that P TOMADO improved inside the marker pegs rounding the final bend.
The Judge’s placings were:
1st No.2 P TOMADO
2nd No.7 ACES FELLA
3rd No.5 OUR WICKLOW
4th No.10 GILTED
Rule 869(7)(B) reads:
Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race.
Ms Chilcott acknowledged that she understood the rule.
appealdecision:
isappeal:
submissionsfordecision:
Mr Tidmarsh and Mr Neal showed the alleged incident on film replays and showed where P TOMADO had gone over the outside of the first marker peg, then the inside sulky wheel went inside the next three marker pegs, and finally went over the outside of the next peg. Mr Neal said that the distance travelled inside the pegs was perhaps in excess of 30m. The committee was informed that the marker pegs were 10m apart.
Ms Chilcott said that her horse did go over and inside the pegs, but that it was difficult to say how far she had travelled inside the pegs, but said that it was between 27 and 29 metres and definitely not more than 30 metres. She added that the angle of the films did not clearly show the distance that she had been inside the pegs.
In summing up, Mr Tidmarsh said that in the Stipendiary Stewards' view it was 50/50 whether the horse (P TOMADO) went 29 or 30 metres inside the marker pegs. As a result of this comment, the Chairman then asked the Stipendiary Steward if there was now some doubt as to the distance. His response was that there was some doubt as he could not say for sure that she (Ms Chilcott) was inside the markers for more than 30 metres.
reasonsfordecision:
Taking into account the content of all submissions and in particular the final submission made by the informant, and that there was not any compelling evidence that P TOMADO had travelled inside the marker pegs for more than 30 metres, which is the requirement for a disqualification, the committee reached the conclusion that the protest could not be sustained.
Decision:
The protest was dismissed with the dividends and prize money to be paid on the Judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7)(B)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Neal - Co-Chief Stipendiary Steward
Respondent: Ms N Chilcott - Licensed Trainer/Driver
StipendSteward:
raceid: a4d88b7dc0a15ea23daea0b287f02feb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6071d499cd41530d00f5ef4cf79e0b0d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/04/2014
meet_title: Hawera HRC - 21 April 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawera-hrc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: ISmith
meet_pm2: none
name: Hawera HRC