Archive Decision

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Auckland TC 13 December 2013 – R 6 (instigating a protest)

ID: JCA14233

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr M Purdon - Trainer of SUPERBOWLCHEERLEADER

Information Number:
A3829

Hearing Type:
Protest

Rules:
869 (4A)

Meet Title:
Auckland TC - 13 December 2013

Meet Chair:
GJones

Meet Committee Member 1:
BScott

Race Date:
2013/12/13

Race Number:
R6

Decision:

The protest is upheld and SUPERBOWLCHEERLEADER is relegated from 5th to 9th place pursuant to Rule 869 (8) and we order that stakes be paid in accordance with the amended placings.

The amended placings are:

1st No 8 Whitney
2nd No 12 Pretty Sunday
3rd No 5 Jasinsky
4th No 6 Manchester Lass
5th No 9 Duchess Diedre

Facts:

This is an uncontested protest instigated by Stipendiary Steward, Mr N Ydgren following the running of race 6, the Sims Pacific Metals North Breeders Stakes Handicap Trot 2700m. The basis of the protest is that the 5th placed horse SUPERBOWLCHEERLEADER (M Purdon) broke when in the lead with 850 metres to run and interfered with PHOEBE REVIVAL (N Chilcott) which broke and lost ground.

The provisional placings were:

1st No 8 Whitney
2nd No 12 Pretty Sunday
3rd No 5 Jasinsky
4th No 6 Manchester Lass
5th No 10 Superbowlcheerleader
6th No 9 Duchess Diedre

Rule 869 (4A) provides that:

No horse shall during any race do anything which interferes or is likely to interfere with his own and / or any other horse or its progress.

Where a protest has been lodged against the placing of a horse who has breached this rule, the Judicial Committee shall either: (i) relegate such horse under Rule 869 (8) to behind any other horse in respect of which an advantage may have been gained; or (ii) disqualify it from the race under Rule 1003(2).

Submissions for Decision:

Mr Muirhead appeared at the hearing on behalf of the Informant. Mr M Purdon, the trainer of SUPERBOWLCHEERLEADER elected to not appear at the hearing, but he endorsed the Information “I do not contest 5th placing”.

Mr Muirhead demonstrated the incident by way of available video footage. He told the Committee that SUPERBOWLCHEERLEADER broke when leading the field at about the 850 metre mark and continued to gallop for a considerable distance. SUPERBOWLCHEERLEADER drifted back through the field and interfered with the chances of several horses, particularly PHOEBE REVIVAL, who had to be taken hold of by its driver, Ms N Chilcott. As a result PHOEBE REVIVAL broke and lost about 6 or 7 lengths.

Reasons for Decision:

The protest is not contested and the video evidence indicates that when SUPERBOWLCHEERLEADER broke and drifted back through the field it clearly interfered with the chances of PHOEBE REVIVAL who lost considerable ground and finished in 9th place. SUPERBOWLCHEERLEADER eventually regained its gait and finished the trace off strongly into 5th place.

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: ab7d91f39195de63b5ecab87ff7647b1


informantnumber: A3829


horsename: SUPERBOWLCHEERLEADER


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 30/11/2013


hearing_title: Auckland TC 13 December 2013 - R 6 (instigating a protest)


charge:


facts:

This is an uncontested protest instigated by Stipendiary Steward, Mr N Ydgren following the running of race 6, the Sims Pacific Metals North Breeders Stakes Handicap Trot 2700m. The basis of the protest is that the 5th placed horse SUPERBOWLCHEERLEADER (M Purdon) broke when in the lead with 850 metres to run and interfered with PHOEBE REVIVAL (N Chilcott) which broke and lost ground.

The provisional placings were:

1st No 8 Whitney
2nd No 12 Pretty Sunday
3rd No 5 Jasinsky
4th No 6 Manchester Lass
5th No 10 Superbowlcheerleader
6th No 9 Duchess Diedre

Rule 869 (4A) provides that:

No horse shall during any race do anything which interferes or is likely to interfere with his own and / or any other horse or its progress.

Where a protest has been lodged against the placing of a horse who has breached this rule, the Judicial Committee shall either: (i) relegate such horse under Rule 869 (8) to behind any other horse in respect of which an advantage may have been gained; or (ii) disqualify it from the race under Rule 1003(2).


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead appeared at the hearing on behalf of the Informant. Mr M Purdon, the trainer of SUPERBOWLCHEERLEADER elected to not appear at the hearing, but he endorsed the Information “I do not contest 5th placing”.

Mr Muirhead demonstrated the incident by way of available video footage. He told the Committee that SUPERBOWLCHEERLEADER broke when leading the field at about the 850 metre mark and continued to gallop for a considerable distance. SUPERBOWLCHEERLEADER drifted back through the field and interfered with the chances of several horses, particularly PHOEBE REVIVAL, who had to be taken hold of by its driver, Ms N Chilcott. As a result PHOEBE REVIVAL broke and lost about 6 or 7 lengths.


reasonsfordecision:

The protest is not contested and the video evidence indicates that when SUPERBOWLCHEERLEADER broke and drifted back through the field it clearly interfered with the chances of PHOEBE REVIVAL who lost considerable ground and finished in 9th place. SUPERBOWLCHEERLEADER eventually regained its gait and finished the trace off strongly into 5th place.


Decision:

The protest is upheld and SUPERBOWLCHEERLEADER is relegated from 5th to 9th place pursuant to Rule 869 (8) and we order that stakes be paid in accordance with the amended placings.

The amended placings are:

1st No 8 Whitney
2nd No 12 Pretty Sunday
3rd No 5 Jasinsky
4th No 6 Manchester Lass
5th No 9 Duchess Diedre


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869 (4A)


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Muirhead - Stipendiary Steward


Respondent: Mr M Purdon - Trainer of SUPERBOWLCHEERLEADER


StipendSteward:


raceid: cac95dadf66d7243279b41f1371ceadd


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: 3f77cda226b6e9914694de32875d6652


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/12/2013


meet_title: Auckland TC - 13 December 2013


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