Morrinsville TC 9 December 2010 – R 9 (instigating a protest)
ID: JCA14267
Meet Title:
Morrinsville TC - 9 December 2010
Meet Chair:
JHolloway
Meet Committee Member 1:
AGodsalve
Race Date:
2010/12/09
Race Number:
R9
Decision:
The protest is dismissed and the judges placings stand.
Authority to pay dividends was given.
Facts:
Following race 9 a protest hearing was commenced. The information lodged by Mr Taumanu on behalf of the connections of horse 10 Oto Invasion (driver S McCaffrey) protested against the first placed horse 4 El Geez Su (driver A Herlihy) on the grounds that it caused interference and breached the pushout rule with approximately 1800 metres to run.
Messrs Herlihy and McCaffrey appeared for the hearing.
Mr Herlihy confirmed he understood the basis of the protest.
The Judges placings were
1st 4 El Geez Su
2nd 9 Great Barrier
3rd 10 Oto Invasion
4th 2 Castletons Man
5th 3 Mighty Scott
6th 1 Subritzky
Mr Muirhead referred to films of the race near the 1800 metre mark and identified the relevant runners. He indicated El Geez Su three deep on the running line. The horse was running very strongly and Mr Herlihy was having trouble holding it. At this time on his immediate outside was Great Barrier (D Alexander) with the favourite Oto Invasion (S Mc Caffrey) behind that horse.
El Geez Su was going so strongly that the horse had moved off the rails from the three deep position and Mr Mc Caffrey had seen he was in trouble and allowed it to happen. There was no blame attached to Mr Herlihy but this allowed El Geez Su into the one one position. Mr McCaffrey as a result has gone back into the 3 back one out position.
Mr Muirhead said the movement may have potentially affected the end of the race with the margins between first and third being about one and a half lengths. It was not a question of whether any horseman was at fault but whether a horse gained an advantage due to its racing manners.
Mr McCaffrey told the hearing the manoeuvre that allowed Mr Herlihy out actually helped him. Mr Herlihy had called for room and he saw his horse was pulling hard. By allowing El Geez Su out because of the safety aspect allowed him to remain in the one one because Mr Aleander had progressed forward and moved down onto the rail. Mr Herlihy had to face the breeze parked two wide.
The only reason Mr McCaffrey's horse was beaten he said was because it had run roughly going into the last bend. Otherwise he was confident we would have won regardless of Mr Herlihy"s horse's behaviour.
Mr Herlihy was not asked to comment.
Submissions for Decision:
Mr Muirhead contended that the outwards movement by El Geez Su had potentially provided that horse with an unfair advantage
Mr McCaffrey in responding to a call for room from Mr Herlihy had allowed El Geez Su out but in doing so had not been disadvantaged.
His assertion was that the result allowed him a better chance in the race.
Reasons for Decision:
The judicial committee is satisfied that El Geez Su had come off the running rail near the 1800 metre mark through no fault of Mr Herlihy.
He was clearly having trouble holding the horse and took practical steps to warn Mr Mccaffrey by calling for room. Mr McCaffrey was able to assist Mr Herlihy in his predicament and in doing so did not disadvantage his own horse. Infact by doing so Mr McCaffrey improved his horses chance and by his own admission was confident he could have won the race if Oto Invasion had not run roughly in the turn for home.
Whilst there was a breach of the push out rule it did not have any adverse effect on the outcome of the race.
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: 6de034ce5deedfa1be8b5282076cff7c
informantnumber: 11831
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/12/2010
hearing_title: Morrinsville TC 9 December 2010 - R 9 (instigating a protest)
charge:
facts:
Following race 9 a protest hearing was commenced. The information lodged by Mr Taumanu on behalf of the connections of horse 10 Oto Invasion (driver S McCaffrey) protested against the first placed horse 4 El Geez Su (driver A Herlihy) on the grounds that it caused interference and breached the pushout rule with approximately 1800 metres to run.
Messrs Herlihy and McCaffrey appeared for the hearing.
Mr Herlihy confirmed he understood the basis of the protest.
The Judges placings were
1st 4 El Geez Su
2nd 9 Great Barrier
3rd 10 Oto Invasion
4th 2 Castletons Man
5th 3 Mighty Scott
6th 1 Subritzky
Mr Muirhead referred to films of the race near the 1800 metre mark and identified the relevant runners. He indicated El Geez Su three deep on the running line. The horse was running very strongly and Mr Herlihy was having trouble holding it. At this time on his immediate outside was Great Barrier (D Alexander) with the favourite Oto Invasion (S Mc Caffrey) behind that horse.
El Geez Su was going so strongly that the horse had moved off the rails from the three deep position and Mr Mc Caffrey had seen he was in trouble and allowed it to happen. There was no blame attached to Mr Herlihy but this allowed El Geez Su into the one one position. Mr McCaffrey as a result has gone back into the 3 back one out position.
Mr Muirhead said the movement may have potentially affected the end of the race with the margins between first and third being about one and a half lengths. It was not a question of whether any horseman was at fault but whether a horse gained an advantage due to its racing manners.
Mr McCaffrey told the hearing the manoeuvre that allowed Mr Herlihy out actually helped him. Mr Herlihy had called for room and he saw his horse was pulling hard. By allowing El Geez Su out because of the safety aspect allowed him to remain in the one one because Mr Aleander had progressed forward and moved down onto the rail. Mr Herlihy had to face the breeze parked two wide.
The only reason Mr McCaffrey's horse was beaten he said was because it had run roughly going into the last bend. Otherwise he was confident we would have won regardless of Mr Herlihy"s horse's behaviour.
Mr Herlihy was not asked to comment.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead contended that the outwards movement by El Geez Su had potentially provided that horse with an unfair advantage
Mr McCaffrey in responding to a call for room from Mr Herlihy had allowed El Geez Su out but in doing so had not been disadvantaged.
His assertion was that the result allowed him a better chance in the race.
reasonsfordecision:
The judicial committee is satisfied that El Geez Su had come off the running rail near the 1800 metre mark through no fault of Mr Herlihy.
He was clearly having trouble holding the horse and took practical steps to warn Mr Mccaffrey by calling for room. Mr McCaffrey was able to assist Mr Herlihy in his predicament and in doing so did not disadvantage his own horse. Infact by doing so Mr McCaffrey improved his horses chance and by his own admission was confident he could have won the race if Oto Invasion had not run roughly in the turn for home.
Whilst there was a breach of the push out rule it did not have any adverse effect on the outcome of the race.
Decision:
The protest is dismissed and the judges placings stand.
Authority to pay dividends was given.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4)&(6)(b)+(c)
Informant: T W Taumanu
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S McCaffrey, Mr A Herlihy, J Muirhead
Respondent: Horse 4 El Geez Su
StipendSteward:
raceid: e1610e88cde5129a2a7c197aa6019c5b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a3678179a96443c500b3827deca0e8ab
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/12/2010
meet_title: Morrinsville TC - 9 December 2010
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "AGodsalve", "Member": "", "OtherExpenses": "0", "KMs": "88", "Total": "54.56", "kmprice": 54.560000000000002, "Approved": "on"}, {"Comment": [], "kmprice": 85.560000000000002, "MemberID": "JHolloway", "Member": "", "KMs": "138", "OtherExpenses": "0", "Total": "85.56", "MemberRole": "Chair ", "Approved": "on"}]
meet_otherexp:
tracklocation: morrinsville-tc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: AGodsalve
meet_pm2: none
name: Morrinsville TC