Auckland TC 21 September 2012 – R 4 (instigating a protest)
ID: JCA13703
Meet Title:
Auckland TC - 21 September 2012
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2012/09/21
Race Number:
R 4
Decision:
The protest is upheld. Cuedee Algranco is relegated from 2nd to 3rd and Idolise Me is promoted to 2nd placing.
In accordance with its decision the Committee authorised the payment of dividends as follows:
1st - Vegas Delight (No 8)
2nd - Idolise Me (No 5)
3rd - Cuedee Algranco (No 9)
4th - Rykaard (No 1)
Facts:
This is a contested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 4. The basis of the protest is that Cuedee Algranco (D Branch) is alleged to have impeded the progress of Idolise Me (J Dickie) over the concluding stages of the race.
Cuedee Algranco was provisionally placed 2nd and Idolise Me was provisionally placed 3rd.
Rules 869 (4), (4A) and 8(b) provide that no horseman or horse shall do anything which interferes or is likely to interfere with its own horse or any other horse or its progress. In addition to any penalty which may be imposed pursuant to Rule 1003 any horse which may have gained an advantage as a result of interference or due to impeding the progress of another horse shall be placed immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected.
Mr Branch and Ms Chilcott advised the Committee that they represented the connections of Cuedee Algranco and that the protest was contested. Mr Dickie advised that he represented the connections of Idolise me.
Submissions for Decision:
Mr Muirhead demonstrated the incident by way of all available video footage which included head and rear views. He told the Committee that as the field approached the final 250 metre mark, Cuedee Algranco was in the trail and was seeking to improve by angling outward. He said that as Mr Branch lent forward to release the ear hood Cuedee Algranco shifted ground approximately 3 or more sulky widths. Mr Muirhead submitted that as a direct result of Cuedee Algranco's outward movement, Mr Dickie was required to take hold of Idolise Me and he stopped driving with approximately 150 metres to run. He said that Idolise Me, who was on the outer of Cuedee Algranco lost momentum and then finished the race off strongly into 3rd place, a neck behind Cuedee Algranco.
Mr Muirhead submitted that Idolise Me's chances of finishing in a better position were affected by the interference.
Mr Dickie submitted that the inference occurred when he was working into the race. He said that when he took hold of his horse he lost considerable momentum and this was due to the actions of Cuedee Algranco shifting outwards.
In response to a question from the Committee Mr Dickie said that prior to having his progress impeded he felt that his horse was going to comfortably run past Cuedee Algranco. He said that after being checked his horse balanced up and ran to the line strongly. He also advised the Committee that he yelled out to Mr Branch.
Ms Chilcott, representing the connections of Cuedee Algranco submitted that it was clear that Mr Dickie had to stop driving but the Committee would need to decide that, but for the interference, Idolise Me would have beaten Cuedee Algranco.
Mr Branch submitted that Cuedee Algranco paced roughly during the race. He said that it ran in on the bends and shifted outward in the straights.
In summing up Mr Muirhead submitted that the Committee needed to decide whether or not the chances of Idolise Me were affected as a result of the inference. He said that it was clear that Idolise Me finished the race off strongly after being impeded and the neck margin between second and third was a factor to be taken into consideration.
In summing up Ms Chilcott said that she had nothing further to add.
In summing up Mr Branch said that we have told you everything that happened. He made no further submissions.
Reasons for Decision:
The Committee carefully considered and assessed the submissions of all parties. In addition the Committee viewed the video footage several times. Having weighed up all the evidence the Committee has determined that Cuedee Algranco did shift outward and impede the progress of Idolise Me who lost momentum when racing into a challenging position. As a result the chances of Idolise Me were affected and the neck margin between the two horses is a significant factor in determining the outcome of the protest.
The Committee concludes that Idolise Me was impeded by Cuedee Algranco and on that basis we uphold the protest.
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: 5adbebb335b73568df9bcce958a50eb6
informantnumber: 2478
horsename: CUEDEE ALGRANCO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 05/09/2012
hearing_title: Auckland TC 21 September 2012 - R 4 (instigating a protest)
charge:
facts:
This is a contested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 4. The basis of the protest is that Cuedee Algranco (D Branch) is alleged to have impeded the progress of Idolise Me (J Dickie) over the concluding stages of the race.
Cuedee Algranco was provisionally placed 2nd and Idolise Me was provisionally placed 3rd.
Rules 869 (4), (4A) and 8(b) provide that no horseman or horse shall do anything which interferes or is likely to interfere with its own horse or any other horse or its progress. In addition to any penalty which may be imposed pursuant to Rule 1003 any horse which may have gained an advantage as a result of interference or due to impeding the progress of another horse shall be placed immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected.
Mr Branch and Ms Chilcott advised the Committee that they represented the connections of Cuedee Algranco and that the protest was contested. Mr Dickie advised that he represented the connections of Idolise me.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by way of all available video footage which included head and rear views. He told the Committee that as the field approached the final 250 metre mark, Cuedee Algranco was in the trail and was seeking to improve by angling outward. He said that as Mr Branch lent forward to release the ear hood Cuedee Algranco shifted ground approximately 3 or more sulky widths. Mr Muirhead submitted that as a direct result of Cuedee Algranco's outward movement, Mr Dickie was required to take hold of Idolise Me and he stopped driving with approximately 150 metres to run. He said that Idolise Me, who was on the outer of Cuedee Algranco lost momentum and then finished the race off strongly into 3rd place, a neck behind Cuedee Algranco.
Mr Muirhead submitted that Idolise Me's chances of finishing in a better position were affected by the interference.
Mr Dickie submitted that the inference occurred when he was working into the race. He said that when he took hold of his horse he lost considerable momentum and this was due to the actions of Cuedee Algranco shifting outwards.
In response to a question from the Committee Mr Dickie said that prior to having his progress impeded he felt that his horse was going to comfortably run past Cuedee Algranco. He said that after being checked his horse balanced up and ran to the line strongly. He also advised the Committee that he yelled out to Mr Branch.
Ms Chilcott, representing the connections of Cuedee Algranco submitted that it was clear that Mr Dickie had to stop driving but the Committee would need to decide that, but for the interference, Idolise Me would have beaten Cuedee Algranco.
Mr Branch submitted that Cuedee Algranco paced roughly during the race. He said that it ran in on the bends and shifted outward in the straights.
In summing up Mr Muirhead submitted that the Committee needed to decide whether or not the chances of Idolise Me were affected as a result of the inference. He said that it was clear that Idolise Me finished the race off strongly after being impeded and the neck margin between second and third was a factor to be taken into consideration.
In summing up Ms Chilcott said that she had nothing further to add.
In summing up Mr Branch said that we have told you everything that happened. He made no further submissions.
reasonsfordecision:
The Committee carefully considered and assessed the submissions of all parties. In addition the Committee viewed the video footage several times. Having weighed up all the evidence the Committee has determined that Cuedee Algranco did shift outward and impede the progress of Idolise Me who lost momentum when racing into a challenging position. As a result the chances of Idolise Me were affected and the neck margin between the two horses is a significant factor in determining the outcome of the protest.
The Committee concludes that Idolise Me was impeded by Cuedee Algranco and on that basis we uphold the protest.
Decision:
The protest is upheld. Cuedee Algranco is relegated from 2nd to 3rd and Idolise Me is promoted to 2nd placing.
In accordance with its decision the Committee authorised the payment of dividends as follows:
1st - Vegas Delight (No 8)
2nd - Idolise Me (No 5)
3rd - Cuedee Algranco (No 9)
4th - Rykaard (No 1)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4), (4A) and 9(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr D Branch - Driver of CUEDEE ALGRANCO, Ms N Chilcott - Senior Horsewoman, assisting Mr Branch, Mr J Dickie - Junior Horseman, driver of IDOLISE ME
Respondent: Mr D Branch - Junior Horseman, Driver of CUEDEE ALGRANCO
StipendSteward:
raceid: 3624662824a16836c9a03b4fbc5194fc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3b7b006be8f82798092d659843e58a72
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/09/2012
meet_title: Auckland TC - 21 September 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC