Cheviot HRC 6 March 2011 – R 5 (instigating a protest)
ID: JCA14165
Meet Title:
Cheviot HRC - 6 March 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
PRosanowski
Race Date:
2011/03/06
Race Number:
R5
Decision:
The protest was dismissed.
Facts:
Following the running of Race 5, the Cheviot Businesses Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging interference by “Makarewa Sun” (18), driven by Mr C. McDowell, to “Lexie Highlander” (16), driven by Mr J. R. Dunn.
The Judges placings in this race were as follows.
1st – Guerro (11)
2nd – Westwood Sioux (13)
3rd – Goldstar Invasion (12)
4th – Makarewa Sun (18)
The Information reads as follows.
“This is a protest by horse number (16) placed 12th by the Judge against horse number (18) placed 4th by the Judge on the grounds of interference with approx. 200m to run (16) broke after being tightened for 100m when racing on the outside of (18).”
Rule 869(8) provides as follows.
“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.
The connections of “Lexie Highlander” were represented at this hearing by Mr J. R. Dunn, the driver, and Mr C. McDowell, the driver of “Makarewa Sun”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Video coverage of this incident was shown to illustrate that shortly after entering the home straight “Lexie Highlander” had broken and lost its chance. Mr Ydgren pointed out where it appeared that “Makarewa Sun” had tightened “Lexie Highlander” for room.
Mr Ydgren called Mr J. R. Dunn, the driver of “Lexie Highlander”, to give evidence. He said that he was tightened at about the 200 metre mark, but that there was no contact and that his horse had overreacted to the situation. Mr Dunn was not firm that “Makarewa Sun” had been the cause of his horse breaking.
Mr McDowell gave evidence and used video coverage of the incident. He said that he was clear of “Lexie Highlander” when that horse broke, and that he did not believe that he was responsible for this horse breaking.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Lexie Highlander” did break at about the 200 metre mark, but there was no satisfactory evidence that there had been interference from “Makarewa Sun” to cause this break. We accepted that there was no contact between the two horses, and preferred Mr Dunn’s evidence that his horse had overreacted to the situation.
Taking all the above matters into account we decided that this protest should 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: a1bf804b3df14405f23b8061fec4deb4
informantnumber: 13886
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2011
hearing_title: Cheviot HRC 6 March 2011 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, the Cheviot Businesses Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging interference by “Makarewa Sun” (18), driven by Mr C. McDowell, to “Lexie Highlander” (16), driven by Mr J. R. Dunn.
The Judges placings in this race were as follows.
1st – Guerro (11)
2nd – Westwood Sioux (13)
3rd – Goldstar Invasion (12)
4th – Makarewa Sun (18)
The Information reads as follows.
“This is a protest by horse number (16) placed 12th by the Judge against horse number (18) placed 4th by the Judge on the grounds of interference with approx. 200m to run (16) broke after being tightened for 100m when racing on the outside of (18).”
Rule 869(8) provides as follows.
“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.
The connections of “Lexie Highlander” were represented at this hearing by Mr J. R. Dunn, the driver, and Mr C. McDowell, the driver of “Makarewa Sun”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Video coverage of this incident was shown to illustrate that shortly after entering the home straight “Lexie Highlander” had broken and lost its chance. Mr Ydgren pointed out where it appeared that “Makarewa Sun” had tightened “Lexie Highlander” for room.
Mr Ydgren called Mr J. R. Dunn, the driver of “Lexie Highlander”, to give evidence. He said that he was tightened at about the 200 metre mark, but that there was no contact and that his horse had overreacted to the situation. Mr Dunn was not firm that “Makarewa Sun” had been the cause of his horse breaking.
Mr McDowell gave evidence and used video coverage of the incident. He said that he was clear of “Lexie Highlander” when that horse broke, and that he did not believe that he was responsible for this horse breaking.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Lexie Highlander” did break at about the 200 metre mark, but there was no satisfactory evidence that there had been interference from “Makarewa Sun” to cause this break. We accepted that there was no contact between the two horses, and preferred Mr Dunn’s evidence that his horse had overreacted to the situation.
Taking all the above matters into account we decided that this protest should be dismissed.
Decision:
The protest was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N. Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr J. Dunn - Open Horseman, Mr C. McDowell - Junior Horseman
StipendSteward:
raceid: b63d537898c69940d78c923fbabe9335
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 98f94098c106e65f3e7ee51e665efeaa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/03/2011
meet_title: Cheviot HRC - 6 March 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: PRosanowski
meet_pm2: none
name: Cheviot HRC