Kaikoura TC 2 November 2015 – R 10 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA14237
Meet Title:
Kaikoura TC - 2 November 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/11/02
Race Number:
R10
Decision:
The protest was dismissed and it was ordered that dividends and stakes be paid in accordance with the judge’s placings as above.
Facts:
Following the running of Race 10, Hall & Co Funeral Services Farewell Mobile Pace, an information instigating a protest was filed by Licensed Junior Driver, Miss J J A Young, alleging that FREE FALLING (G D Smith), placed 1st by the judge, interfered with the chances of FRANCO TEXAS, driven by Miss Young, placed 4th by the judge, on the ground of “interference at the start”.
Miss Young was assisted at the hearing by Holder of Licence to Train, Mr P D Young. Miss Young indicated that she represented the connections of FRANCO TEXAS. Mr G D Smith, driver of FREE FALLING, was present at the hearing and he indicated that he was representing the connections of that horse.
The judge’s official placings were as follows:
1st 2 Free Falling
2nd 9 Mighty Mara
3rd 8 Native Caesar
4th 10 Franco Texas
The official margins in the race were ½ length, ½ length and a long neck.
Rule 869A provides as follows:
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Submissions for Decision:
Miss Young referred to head-on and side-on video replays of the start of the race, a 1900 metres mobile start. She pointed out FREE FALLING, driven by Mr Smith, which had drawn barrier position 2 on the front row and FRANCO TEXAS, driven by Miss Young, which had drawn immediately behind that horse at barrier position 2 on the second row.
Shortly after the start, FREE FALLING went off stride and FRANCO TEXAS, which was hard on the back of that runner, also broke when Miss Young had to restrain it, losing ground. She submitted that her horse would have got “a more economical trip” if it had not received interference. She had been back on the markers initially, after settling, and had then got in the one-out line and followed it round. She had received a good run but was back in the small field, she said.
Miss Young then showed the final 200 metres of the race and referred to the margins at the finish (see above).
Mr Smith submitted that his horse was going to “go rough” had it not galloped. He submitted that Miss Young had only been “a few lengths” off the back of him when he settled and had thereafter she had caught the field quite quickly. He further submitted that, in the run home, he had given his horse a few “flicks” with the whip because it was looking at the crowd but, he submitted, it had won “very comfortably”. Miss Young had made no ground on his runner in the final 50 metres, he said. He submitted that Miss Young’s horse would not have beaten his runner in any event. He accepted that his horse was responsible for Miss Young’s horse breaking even though there had been no contact. Miss Young confirmed that there had been no contact.
Stipendiary Steward, Mr N M Ydgren, said that FRANCO TEXAS had broken as a result of interference from FREE FALLING, even though there was no contact. However, the interference took place in the first 50 metres of the race, he said. He submitted that it was possible Miss Young had received a better run than she may have as a result of settling down where she did following the interference. There were so many factors that could have affected the run that Miss Young received. He stressed that the interference had occurred in the very early stages of the race.
Reasons for Decision:
It was agreed by both parties that interference had occurred shortly after the start of the race and that FRANCO TEXAS had broken and lost ground as a result. For the protest to succeed, it was necessary for Miss Young to satisfy the Committee that, but for that interference, FRANCO TEXAS would have finished ahead of FREE FALLING – in other words, that it would have won the race.
In assessing this, the Committee looked at a number of factors. Firstly, as correctly pointed out by both Mr Smith and Mr Ydgren, and it was self-evident, the interference occurred at a very early stage of the race. Miss Young was able to make up her lost ground after a few hundred metres and, from that point, received a reasonable run, eventually racing 4-back in the one-out line in the 9-horse field, with FREE FALLING having looped the field to lead. Secondly, that FRANCO TEXAS was not making ground on FREE FALLING near the finish. Finally, there were margins at the finish and the ease with which FREE FALLING appeared to win the race.
The Committee needed to be more satisfied than not that FRANCO TEXAS would have finished ahead of FREE FALLING without the interference. Having regard to the above factors, we were not so satisfied.
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: ac02b61787a1cf8d6f4a60a2184ebfdc
informantnumber: A8002
horsename: Free Falling
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 04/11/2015
hearing_title: Kaikoura TC 2 November 2015 - R 10 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 10, Hall & Co Funeral Services Farewell Mobile Pace, an information instigating a protest was filed by Licensed Junior Driver, Miss J J A Young, alleging that FREE FALLING (G D Smith), placed 1st by the judge, interfered with the chances of FRANCO TEXAS, driven by Miss Young, placed 4th by the judge, on the ground of “interference at the start”.
Miss Young was assisted at the hearing by Holder of Licence to Train, Mr P D Young. Miss Young indicated that she represented the connections of FRANCO TEXAS. Mr G D Smith, driver of FREE FALLING, was present at the hearing and he indicated that he was representing the connections of that horse.
The judge’s official placings were as follows:
1st 2 Free Falling
2nd 9 Mighty Mara
3rd 8 Native Caesar
4th 10 Franco Texas
The official margins in the race were ½ length, ½ length and a long neck.
Rule 869A provides as follows:
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
appealdecision:
isappeal:
submissionsfordecision:
Miss Young referred to head-on and side-on video replays of the start of the race, a 1900 metres mobile start. She pointed out FREE FALLING, driven by Mr Smith, which had drawn barrier position 2 on the front row and FRANCO TEXAS, driven by Miss Young, which had drawn immediately behind that horse at barrier position 2 on the second row.
Shortly after the start, FREE FALLING went off stride and FRANCO TEXAS, which was hard on the back of that runner, also broke when Miss Young had to restrain it, losing ground. She submitted that her horse would have got “a more economical trip” if it had not received interference. She had been back on the markers initially, after settling, and had then got in the one-out line and followed it round. She had received a good run but was back in the small field, she said.
Miss Young then showed the final 200 metres of the race and referred to the margins at the finish (see above).
Mr Smith submitted that his horse was going to “go rough” had it not galloped. He submitted that Miss Young had only been “a few lengths” off the back of him when he settled and had thereafter she had caught the field quite quickly. He further submitted that, in the run home, he had given his horse a few “flicks” with the whip because it was looking at the crowd but, he submitted, it had won “very comfortably”. Miss Young had made no ground on his runner in the final 50 metres, he said. He submitted that Miss Young’s horse would not have beaten his runner in any event. He accepted that his horse was responsible for Miss Young’s horse breaking even though there had been no contact. Miss Young confirmed that there had been no contact.
Stipendiary Steward, Mr N M Ydgren, said that FRANCO TEXAS had broken as a result of interference from FREE FALLING, even though there was no contact. However, the interference took place in the first 50 metres of the race, he said. He submitted that it was possible Miss Young had received a better run than she may have as a result of settling down where she did following the interference. There were so many factors that could have affected the run that Miss Young received. He stressed that the interference had occurred in the very early stages of the race.
reasonsfordecision:
It was agreed by both parties that interference had occurred shortly after the start of the race and that FRANCO TEXAS had broken and lost ground as a result. For the protest to succeed, it was necessary for Miss Young to satisfy the Committee that, but for that interference, FRANCO TEXAS would have finished ahead of FREE FALLING – in other words, that it would have won the race.
In assessing this, the Committee looked at a number of factors. Firstly, as correctly pointed out by both Mr Smith and Mr Ydgren, and it was self-evident, the interference occurred at a very early stage of the race. Miss Young was able to make up her lost ground after a few hundred metres and, from that point, received a reasonable run, eventually racing 4-back in the one-out line in the 9-horse field, with FREE FALLING having looped the field to lead. Secondly, that FRANCO TEXAS was not making ground on FREE FALLING near the finish. Finally, there were margins at the finish and the ease with which FREE FALLING appeared to win the race.
The Committee needed to be more satisfied than not that FRANCO TEXAS would have finished ahead of FREE FALLING without the interference. Having regard to the above factors, we were not so satisfied.
Decision:
The protest was dismissed and it was ordered that dividends and stakes be paid in accordance with the judge’s placings as above.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A(2
Informant: J J A Young, Licensed Junior Driver
JockeysandTrainer:
Otherperson:
PersonPresent: P D Young, Holder of Licence to Train, N M Ydgren, Stipendiary Steward
Respondent: G D Smith, Licensed Open Horseman
StipendSteward:
raceid: 36f0e32b6382569f643c5bee32d69f99
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ea418d64824da59d6c21c6443a24673b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/11/2015
meet_title: Kaikoura TC - 2 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Kaikoura TC