Archive Decision

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Franklin TC 6 March 2012 – R 10 (instigating a protest)

ID: JCA14410

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Ms N Chilcott - Licensed Open Horsewoman

Information Number:
A4606

Hearing Type:
Protest

Rules:
869(8)(a) and (b)

Meet Title:
Franklin TC - 6 March 2012

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2012/03/06

Race Number:
R 10

Decision:

Accordingly the protest is upheld and the placings are now:

1st No.2 EL SUELA
2nd No.12 FULLA LUCK
3rd No. 5 HARRY THE MAORI
4th No. 10 DIAMOND SMILE

In conclusion we order the payment of stakes and dividends.

Facts:

Following the running of Race 10 an information Instigating a Protest was filed. The informant Mr Muirhead alleged that DIAMOND SMILE( N Chilcott) placed 1st by the Judge shifted ground inwards near the finish resulting in HARRY THE MAORI (D Butt) placed 4th by the Judge having to take hold.

The judge's placing were as follows:

1st No.10 DIAMOND SMILE
2nd No.2 EL SUELA
3rd No.12 FULLA LUCK
4th No.5 HARRY THE MAORI

The official margins were ½ a neck,1 and ½ length's and a nose.

Submissions for Decision:

Mr Muirhead demonstrated the incident using the head on and side on films. He pointed out to the committee that DIAMOND SMILE does shift ground inward over the concluding stages. He highlighted that inside the final 20 metres Mr Butt the driver of HARRY THE MAORI when racing in 3rd position was forced to take a hold due to the inward movement from Ms Chilcott.

Mr Butt told the committee that he accepted the evidence put forward by Mr Muirhead to be correct, submitting his horse would have run 3rd if it had not been interfered with.

Ms Chilcott admitted her horse did run in a wee bit however believed the inside horse had run out slightly.

Mr Muirhead in summing up said the video films clearly show that Ms Chilcott shifts in with her sulky wheel moving across Mr Butt's wheel. He believed the inside horse had kept a straight line.

Ms Chilcott in summing up said the horse on the inner may have contributed to the incident.

Reasons for Decision:

The committee carefully considered all evidence and submissions presented and reviewed the video films.The films clearly showed that DIAMOND SMILE does shift inwards when not clear of HARRY THE MAORI over the fnal 30 metres. Prior to the interference HARRY THE MAORI was holding a half length advantage over FULLA LUCK the 4th placed horse at that point of the race. It is clear that HARRY THE MAORI driver had to take a hold due to being impeded by DIAMOND SMILE.

For these reasons we are satisfied that the chances of HARRY THE MAORI and its progress were affected by the inward movement of DIAMOND SMILE.

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: 7f35b9bd34c3bb4adeb1ebdc70d24c56


informantnumber: A4606


horsename: DIAMOND SMILE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 28/02/2012


hearing_title: Franklin TC 6 March 2012 - R 10 (instigating a protest)


charge:


facts:

Following the running of Race 10 an information Instigating a Protest was filed. The informant Mr Muirhead alleged that DIAMOND SMILE( N Chilcott) placed 1st by the Judge shifted ground inwards near the finish resulting in HARRY THE MAORI (D Butt) placed 4th by the Judge having to take hold.

The judge's placing were as follows:

1st No.10 DIAMOND SMILE
2nd No.2 EL SUELA
3rd No.12 FULLA LUCK
4th No.5 HARRY THE MAORI

The official margins were ½ a neck,1 and ½ length's and a nose.


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead demonstrated the incident using the head on and side on films. He pointed out to the committee that DIAMOND SMILE does shift ground inward over the concluding stages. He highlighted that inside the final 20 metres Mr Butt the driver of HARRY THE MAORI when racing in 3rd position was forced to take a hold due to the inward movement from Ms Chilcott.

Mr Butt told the committee that he accepted the evidence put forward by Mr Muirhead to be correct, submitting his horse would have run 3rd if it had not been interfered with.

Ms Chilcott admitted her horse did run in a wee bit however believed the inside horse had run out slightly.

Mr Muirhead in summing up said the video films clearly show that Ms Chilcott shifts in with her sulky wheel moving across Mr Butt's wheel. He believed the inside horse had kept a straight line.

Ms Chilcott in summing up said the horse on the inner may have contributed to the incident.


reasonsfordecision:

The committee carefully considered all evidence and submissions presented and reviewed the video films.The films clearly showed that DIAMOND SMILE does shift inwards when not clear of HARRY THE MAORI over the fnal 30 metres. Prior to the interference HARRY THE MAORI was holding a half length advantage over FULLA LUCK the 4th placed horse at that point of the race. It is clear that HARRY THE MAORI driver had to take a hold due to being impeded by DIAMOND SMILE.

For these reasons we are satisfied that the chances of HARRY THE MAORI and its progress were affected by the inward movement of DIAMOND SMILE.


Decision:

Accordingly the protest is upheld and the placings are now:

1st No.2 EL SUELA
2nd No.12 FULLA LUCK
3rd No. 5 HARRY THE MAORI
4th No. 10 DIAMOND SMILE

In conclusion we order the payment of stakes and dividends.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)(a) and (b)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr D Butt - Driver of HARRY THE MAORI and representing the Owners, Ms Chilcott - Driver of DIAMOND SMILE and representing the Owners


Respondent: Ms N Chilcott - Licensed Open Horsewoman


StipendSteward:


raceid: 01cd9d159b87645815e95b846db19ed1


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: 1479841676d3b8da6ff1234da54b911f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/03/2012


meet_title: Franklin TC - 6 March 2012


meet_expappcomment:


meet_km:


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tracklocation: franklin-tc


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Franklin TC