Nelson HRC 9 January 2011 – R 10 (instigating a protest)
ID: JCA13986
Meet Title:
Nelson HRC - 9 January 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
PWilliams
Race Date:
2011/01/09
Race Number:
R 10
Decision:
On resuming the hearing we found that none of the parties were present. We therefore advised that a full written decision, with reasons (see above), would be provided later, and that both protests were dismissed, and the Judge’s placings were confirmed.
Facts:
Following the running of Race 10, the Wild Tomato 3YO+ Mobile Pace, an information Instigating a Protest was filed by Ms J. L. Williams, the owner, trainer and driver of “Konni Kase” (8), alleging breaches of Rule 869(8) by “Woodlea Cosmos” (5), driven by Mr S. P. Walkinshaw, and “Adams Pocket” (3), driven by Mr A. M. Butt. The Judge’s placings were as follows.
1st – Rusty Reardon (12)
2nd – Tres Bien Franco (10)
3rd – Woodlea Cosmos (5)
4th – Seelstar’s Blue Chip (6)
5th – Adam’s Pocket (3)
6th – Pegleg Webb (1)
The Information reads as follows.
“This is a protest by horse number (8) placed 13th by the Judge against horse number (5) placed 3rd by the Judge and horse number (3) placed 5th by the Judge on the grounds Konni Kase was checked by Woodlea Cosmos and Adam’s Pocket in the run home.”
Rule 869(8) provides as follows.
(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.”
Mr A. M. Butt and Mr S. P. Walkinshaw, the drivers of “Adam’s Pocket” and “Woodlea Cosmos” respectively, agreed that they would represent the interests of the connections of those horses at this hearing.
Chief Stipendiary Steward Mr Escott and Stipendiary Steward Mr McIntyre were also present at this hearing and assisted in facilitating it.
Submissions for Decision:
There were two separate incidents relating to these protests.
In relation to the first incident Ms Williams gave evidence that in the run home she was racing inside “Woodlea Cosmos” when that horse “ducked in a little bit” and gave her “a bit of a bump”. Ms Williams said that this had very little effect on her horse, which went a bit rough, before recovering. Video coverage of this incident was shown.
Mr Walkinshaw said that when his horse moved in he took corrective action straight away. He said that there was contact between sulky shafts, but that he did not believe that this incident affected the chances of “Konni Kase”. Mr Walkinshaw also said that contact between sulky shafts was quite common during races.
The second incident occurred shortly after the first. Ms Williams said that she was racing inside “Woodlea Cosmos”, and slightly behind. At this stage Mr Butt was moving his horse outwards to obtain a run, and in doing so he took her line, and “absolutely” pushed her over, causing her to gallop. Video coverage was shown. Ms Williams also said that her horse was still running on, but that she had to “strangle” her horse back to get out of the situation she was in, and that this caused her horse to break. She was not sure if there was any contact during this incident.
Mr Butt gave evidence that his horse was running on, and he moved outwards looking for racing room. He was following “Seelstar’s Blue Chip” and tried to pass this horse on its outside. “Seelstar’s Blue Chip” had been in the trail on entering the home straight, and he had been following it. It then moved two wide and kept drifting out, and this forced him to move wider than necessary to pass it, and this caused the gap occupied by “Konni Kase” to close.
Mr Butt used side on video coverage to show that there was a gap for him to move into. He also pointed out that “Seelstar’s Blue Chip” had been on the marker line when entering the straight, and that it had gradually moved outwards, and at the time of this incident was about four wide. Mr Butt said there was no reason for “Seelstar’s Blue Chip” to move wider on the track, and that this movement contributed to this incident.
Mr Butt also said that he believed that he was clear of “Konni Kase” when this incident occurred, and that there was definitely no contact. He also said that he believed that “Seelstar’s Blue Chip’s” movement outwards had made it difficult for everybody outside him.
Mr Escott was present during this hearing and he was asked if he wanted to comment on these protests. He said that he agreed with Mr Butt when he said that there was movement from inside and outside and that there were “too many grey areas to pinpoint who was the culprit”.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage. We were satisfied that the first incident involving “Woodlea Cosmos” was very minor and had little if any effect on the chances of “Konni Kase”. We were satisfied that this protest should be dismissed.
In relation to the second incident we were satisfied that there were several factors that caused “Konni Kase” to break and lose its chance. In particular the outward movement by “Seelstar’s Blue Chip” had contributed to the situation which arose. We agreed with Mr Escott that there were too many grey areas to enable us to establish who had been at fault, and that consequently this protest should also be dismissed.
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: 880ec7ad87ed923908de664825bbcb76
informantnumber: 13812
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2010
hearing_title: Nelson HRC 9 January 2011 - R 10 (instigating a protest)
charge:
facts:
Following the running of Race 10, the Wild Tomato 3YO+ Mobile Pace, an information Instigating a Protest was filed by Ms J. L. Williams, the owner, trainer and driver of “Konni Kase” (8), alleging breaches of Rule 869(8) by “Woodlea Cosmos” (5), driven by Mr S. P. Walkinshaw, and “Adams Pocket” (3), driven by Mr A. M. Butt. The Judge’s placings were as follows.
1st – Rusty Reardon (12)
2nd – Tres Bien Franco (10)
3rd – Woodlea Cosmos (5)
4th – Seelstar’s Blue Chip (6)
5th – Adam’s Pocket (3)
6th – Pegleg Webb (1)
The Information reads as follows.
“This is a protest by horse number (8) placed 13th by the Judge against horse number (5) placed 3rd by the Judge and horse number (3) placed 5th by the Judge on the grounds Konni Kase was checked by Woodlea Cosmos and Adam’s Pocket in the run home.”
Rule 869(8) provides as follows.
(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.”
Mr A. M. Butt and Mr S. P. Walkinshaw, the drivers of “Adam’s Pocket” and “Woodlea Cosmos” respectively, agreed that they would represent the interests of the connections of those horses at this hearing.
Chief Stipendiary Steward Mr Escott and Stipendiary Steward Mr McIntyre were also present at this hearing and assisted in facilitating it.
appealdecision:
isappeal:
submissionsfordecision:
There were two separate incidents relating to these protests.
In relation to the first incident Ms Williams gave evidence that in the run home she was racing inside “Woodlea Cosmos” when that horse “ducked in a little bit” and gave her “a bit of a bump”. Ms Williams said that this had very little effect on her horse, which went a bit rough, before recovering. Video coverage of this incident was shown.
Mr Walkinshaw said that when his horse moved in he took corrective action straight away. He said that there was contact between sulky shafts, but that he did not believe that this incident affected the chances of “Konni Kase”. Mr Walkinshaw also said that contact between sulky shafts was quite common during races.
The second incident occurred shortly after the first. Ms Williams said that she was racing inside “Woodlea Cosmos”, and slightly behind. At this stage Mr Butt was moving his horse outwards to obtain a run, and in doing so he took her line, and “absolutely” pushed her over, causing her to gallop. Video coverage was shown. Ms Williams also said that her horse was still running on, but that she had to “strangle” her horse back to get out of the situation she was in, and that this caused her horse to break. She was not sure if there was any contact during this incident.
Mr Butt gave evidence that his horse was running on, and he moved outwards looking for racing room. He was following “Seelstar’s Blue Chip” and tried to pass this horse on its outside. “Seelstar’s Blue Chip” had been in the trail on entering the home straight, and he had been following it. It then moved two wide and kept drifting out, and this forced him to move wider than necessary to pass it, and this caused the gap occupied by “Konni Kase” to close.
Mr Butt used side on video coverage to show that there was a gap for him to move into. He also pointed out that “Seelstar’s Blue Chip” had been on the marker line when entering the straight, and that it had gradually moved outwards, and at the time of this incident was about four wide. Mr Butt said there was no reason for “Seelstar’s Blue Chip” to move wider on the track, and that this movement contributed to this incident.
Mr Butt also said that he believed that he was clear of “Konni Kase” when this incident occurred, and that there was definitely no contact. He also said that he believed that “Seelstar’s Blue Chip’s” movement outwards had made it difficult for everybody outside him.
Mr Escott was present during this hearing and he was asked if he wanted to comment on these protests. He said that he agreed with Mr Butt when he said that there was movement from inside and outside and that there were “too many grey areas to pinpoint who was the culprit”.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage. We were satisfied that the first incident involving “Woodlea Cosmos” was very minor and had little if any effect on the chances of “Konni Kase”. We were satisfied that this protest should be dismissed.
In relation to the second incident we were satisfied that there were several factors that caused “Konni Kase” to break and lose its chance. In particular the outward movement by “Seelstar’s Blue Chip” had contributed to the situation which arose. We agreed with Mr Escott that there were too many grey areas to enable us to establish who had been at fault, and that consequently this protest should also be dismissed.
Decision:
On resuming the hearing we found that none of the parties were present. We therefore advised that a full written decision, with reasons (see above), would be provided later, and that both protests were dismissed, and the Judge’s placings were confirmed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Ms JL Williams - Open Horsewoman
JockeysandTrainer:
Otherperson:
PersonPresent: Mr AM Butt - Open Horseman, Mr SP Walkinshaw - Open Horseman, Mr NR Escott - Chief Stipendiary Steward, Mr N McIntyre - Stipendiary Steward
Respondent:
StipendSteward:
raceid: 9ea4bb9c1bd5fe1e5fd2419f2763c805
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b70e35391c888204d92c9093826ad30b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/01/2011
meet_title: Nelson HRC - 9 January 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: PWilliams
meet_pm2: none
name: Nelson HRC