Reefton TC 10 March 2013 – R 10 (instigating a protest)
ID: JCA14436
Meet Title:
Reefton TC - 10 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/03/10
Race Number:
R 10
Decision:
The protest was upheld, and “Sarah Palin” was relegated from 2nd place to 6th place. The amended places are as follows:
1st Patch Bromac (7)
2nd The Peace Monkey (4)
3rd Speedy Earl (6)
4th Black Jacky (10)
5th St Petersburg (2)
6th Sarah Palin (8)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 10, the Thank You Westport Trotting Club Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N M Ydgren alleging interference by “Sarah Palin” (8), driven by Mr P Davis, to “St Petersburg” (10), driven by Mr B O’Connell.
The Judge's placings in this race were as follows:
1st Patch Bromac (7)
2nd Sarah Palin (8)
3rd The Peace Monkey (4)
4th Speedy Earl (6)
5th Black Jacky (10)
6th St Petersburg (2)
The Information reads as follows:
“That horse number 8, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 2, placed 6th by the Judge, as detailed below;
“In that “Sarah Palin” (P Davis) shifted outwards in the run home when insufficiently clear of “St Petersburg”( B O’Connell) resulting in St Petersburg breaking.”
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 “Sarah Palin” were represented at this hearing by Open Horseman Mr P Davis, and B O’Connell, the driver of “St Petersburg”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr Ydgren gave evidence and showed the relevant films of the final stages of the race which showed “Sarah Palin”, driven by Mr Davis, racing on the pylons and in the trail, with “St Petersburg” driven by Mr O’Connell, racing in the one off position. “Sarah Palin” was looking for clear racing room and shifted out into the line of “St Petersburg” who was improving at the time, causing that horse to break.
Mr O’Connell stated that “Sarah Palin”, after turning for home decided to shift out initially and then shift in, which created a clear gap immediately ahead of ‘St Petersburg” with “The Peace Monkey” racing on the outer. He stated that as “St Petersburg” was taking advantage of the gap “Sarah Palin” shifted out into his line. Mr O’Connell called to Mr Davis and shortly afterwards his horse struck the sulky wheel of “Sarah Palin” and broke. He said there was definite contact between “St Petersburg” and the sulky wheel of ‘Sarah Palin”. He stated that he was full of running at the time and was yet to pull the ear plugs. Mr O’Connell contended that without the interference suffered “St Petersburg” may have finished in 3rd place.
Mr Davis stated that “St Petersburg” had definitely made contact with the sulky wheel of “Sarah Palin” but only after “Sarah Palin” was established in the one off position. He stated there was room to move out and he was entitled to shift outwards as he was clear of “St Petersburg” when moving out.
Mr Davis called Mr J Dunn (The Peace Monkey) to give evidence who stated that he believed that “Sarah Palin” was clear of and entitled to come out in front of “St Petersburg”.
In answer to a question from the Committee, Mr Ydgren stated that had there been sufficient room for Mr Davis to shift outwards with “Sarah Palin”, contact would not have occurred between “St Petersburg” and “Sarah Palin”.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that a sufficient gap had presented itself immediately ahead of “St Petersburg’ when “Sarah Palin” shifted in and that “St Petersburg was entitled to take advantage of that racing room. We found that when “Sarah Palin” began shifting out into the line of “St Petersburg’s” line, Mr O’Connell, grabbed hold of his horse and was taking evasive action when his horse struck the sulky wheel of “Sarah Palin”. We are satisfied that “ Sarah Palin” shifted out into the racing room of “St Petersburg” when not sufficiently clear resulting in “St Petersburg” striking the sulky wheel of “Sarah Palin”, causing “St Petersburg” to break.
Taking into consideration all factors, the Committee were satisfied that due to the interference caused to “St Petersburg” by “Sarah Palin”, which clearly affected the progress or chance of St Petersburg, over the final stages that the protest should be upheld.
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: 82e6dcebe7224886e3471ff9c7f67787
informantnumber: A4984
horsename: SARAH PALIN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2013
hearing_title: Reefton TC 10 March 2013 - R 10 (instigating a protest)
charge:
facts:
Following the running of Race 10, the Thank You Westport Trotting Club Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N M Ydgren alleging interference by “Sarah Palin” (8), driven by Mr P Davis, to “St Petersburg” (10), driven by Mr B O’Connell.
The Judge's placings in this race were as follows:
1st Patch Bromac (7)
2nd Sarah Palin (8)
3rd The Peace Monkey (4)
4th Speedy Earl (6)
5th Black Jacky (10)
6th St Petersburg (2)
The Information reads as follows:
“That horse number 8, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 2, placed 6th by the Judge, as detailed below;
“In that “Sarah Palin” (P Davis) shifted outwards in the run home when insufficiently clear of “St Petersburg”( B O’Connell) resulting in St Petersburg breaking.”
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 “Sarah Palin” were represented at this hearing by Open Horseman Mr P Davis, and B O’Connell, the driver of “St Petersburg”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and showed the relevant films of the final stages of the race which showed “Sarah Palin”, driven by Mr Davis, racing on the pylons and in the trail, with “St Petersburg” driven by Mr O’Connell, racing in the one off position. “Sarah Palin” was looking for clear racing room and shifted out into the line of “St Petersburg” who was improving at the time, causing that horse to break.
Mr O’Connell stated that “Sarah Palin”, after turning for home decided to shift out initially and then shift in, which created a clear gap immediately ahead of ‘St Petersburg” with “The Peace Monkey” racing on the outer. He stated that as “St Petersburg” was taking advantage of the gap “Sarah Palin” shifted out into his line. Mr O’Connell called to Mr Davis and shortly afterwards his horse struck the sulky wheel of “Sarah Palin” and broke. He said there was definite contact between “St Petersburg” and the sulky wheel of ‘Sarah Palin”. He stated that he was full of running at the time and was yet to pull the ear plugs. Mr O’Connell contended that without the interference suffered “St Petersburg” may have finished in 3rd place.
Mr Davis stated that “St Petersburg” had definitely made contact with the sulky wheel of “Sarah Palin” but only after “Sarah Palin” was established in the one off position. He stated there was room to move out and he was entitled to shift outwards as he was clear of “St Petersburg” when moving out.
Mr Davis called Mr J Dunn (The Peace Monkey) to give evidence who stated that he believed that “Sarah Palin” was clear of and entitled to come out in front of “St Petersburg”.
In answer to a question from the Committee, Mr Ydgren stated that had there been sufficient room for Mr Davis to shift outwards with “Sarah Palin”, contact would not have occurred between “St Petersburg” and “Sarah Palin”.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that a sufficient gap had presented itself immediately ahead of “St Petersburg’ when “Sarah Palin” shifted in and that “St Petersburg was entitled to take advantage of that racing room. We found that when “Sarah Palin” began shifting out into the line of “St Petersburg’s” line, Mr O’Connell, grabbed hold of his horse and was taking evasive action when his horse struck the sulky wheel of “Sarah Palin”. We are satisfied that “ Sarah Palin” shifted out into the racing room of “St Petersburg” when not sufficiently clear resulting in “St Petersburg” striking the sulky wheel of “Sarah Palin”, causing “St Petersburg” to break.
Taking into consideration all factors, the Committee were satisfied that due to the interference caused to “St Petersburg” by “Sarah Palin”, which clearly affected the progress or chance of St Petersburg, over the final stages that the protest should be upheld.
Decision:
The protest was upheld, and “Sarah Palin” was relegated from 2nd place to 6th place. The amended places are as follows:
1st Patch Bromac (7)
2nd The Peace Monkey (4)
3rd Speedy Earl (6)
4th Black Jacky (10)
5th St Petersburg (2)
6th Sarah Palin (8)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)(b)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr B D O'Connell - Open Horseman, Mr J R Dunn - Open Horseman
Respondent: Mr P J Davis - Open Horseman
StipendSteward:
raceid: 8f0f92bf36b1c739e37d56f3e537c290
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: 796a15fa6f22e190790b845083e3bfc6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/03/2013
meet_title: Reefton TC - 10 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Reefton TC