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Ashburton TC 15 November 2012 – R 7 (instigating a protest)

ID: JCA14517

Applicant:
Mr N G Ydgren - Stipendiary Steward

Respondent(s):
Mr S F Golding - Junior Horseman

Information Number:
A5576

Hearing Type:
Protest

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

Meet Title:
Ashburton TC - 15 November 2012

Meet Chair:
JMillar

Meet Committee Member 1:
SChing

Race Date:
2012/11/15

Race Number:
R 7

Decision:

"Hot Toddy" interferred with "Eyre Of Expectancy" causing the latter to strike a sulky wheel, go into a break, affecting its progress and or chance in the race.

The protest was upheld.

Accordingly "Hot Toddy" should be relegated to behind "Eyre Of Expectancy", 11th placing) The revised placings being:

1st Nicky's Passion (5)

2nd Mixed Emotions (12)

3rd K C Pedro (8)

4th Master Pip (4)

5th Its Nukes (11)

It was ordered that dividends and stakes be paid in accordance with the amended result.

Facts:

Following the running of Race 7, the "Garth Jemmett Construction Mobile Pace" an Information Instigating a Protest was filed by Stipendiary Steward Mr Ydgren alleging interference by "Hot Toddy" (10), driven by Mr S F Golding, to "Eye Of Expectancy" (6), driven by Ms C I Hunter.

The Judge's placings in this race were as follows:

1st – Nicky's Passion (5)

2nd- Mixed Emotions (12)

3rd- Hot Toddy (10)

4th- K C Pedro (8)

5th- Master Pip (4)

6th- Its Nukes (11)

The Information reads as follows:

"with approximately 400 metres to run S Golding (Hot Toddy) shifted ground outwards when insufficiently clear checking Eyre Of Expectancy (C Hunter) which broke"

Rule 869 (8) (a) & (b) 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 contact 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-

(c) immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby"

Submissions for Decision:

Stipendiary Steward Mr Ydgren, with the assistance of Stipendiary Steward Mr Wallis using the race video, described how "Hot Toddy" (Mr Golding) was travelling three back on the running line at the 400 metre mark. "Eyre Of Expectancy" (Ms Hunter) was two out and "K C Pedro" three wide outside "Hot Toddy". Mr Ydgren illustrated how "Hot Toddy" moved out from a rails position with the intention of travelling up alongside "Highview Jackie" which he had been trailing. In doing so he had forced "Eyre Of Expectancy" out which made contact with the inside sulky wheel of "K C Pedro". 

Mr Ydgren submitted that as a consequence "Eyre Of Expectancy" went into a break affecting its chance and progress in the race.

Ms Hunter gave evidence that she had felt pressure from the inside when "Hot Toddy" came out and attempted to move out and get on the back of "K C Pedro". However her horse had struck the sulky wheel of "K C Pedro" and went into a break.

Ms Hunter gave evidence that "Eyre Of "Expectancy" had been travelling well at the time. "Eyre Of Expectancy" lost significant ground as a result of the check ending up finishing 11th.

It was Mr Ydgren's assessment that "Eyre Of Expectancy was under a hold at the time and believed the horse would have ''run on'' if the interference had not occurred.

Mr Golding in evidence said "Highview Jackie", driven by Bronson Munro, which was travelling in front of him prior to the 400 metre mark, came back suddenly resulting in him having to pull his horse back. In the process his horse had ''ducked out a bit''. He said this had been a contributing cause of him moving out onto "Eyre Of Expectancy".  

Mr Dunn submitted if Mr Golding had waited another 10 strides there would have been enough room to move out. He said with "Highview Jackie" ( Mr Munro) coming back, Mr Golding had elected to continue out after his horse had "ducked out".

Mr Ydgren, using the race video, accepted "Highview Jackie" came back on "Hot Toddy" and Mr Golding took hold of his horse receiving a check. However he identified through use of the video that Mr Golding had recovered from this and had time to turn his whip and slap the horse with the right rein. It was then that he had made the outwards movement which resulted in "Eyre Of Expectancy" being forced out onto "K C Pedro".

Reasons for Decision:

While the Committee accepted "Hot Toddy" was checked by "Highview Jackie" coming back, Mr Golding had managed to settle the horse and had time to encourage his drive by slapping it with the reins before making the significant move outwards. It was at this stage "Hot Toddy" moved out onto "Eyre Of Expectancy" causing that horse to strike the sulky wheel of "K C Pedro" and go into a break.

The Committee was satisfied from the evidence that free from the prior interference caused by "Highview Jackie", "Hot Toddy" moved out when there was insufficient racing room, causing "Eyre Of Expectancy" to strike the sulky of another runner and go into a break. Evidence indicated that "Eyre Of Expectancy" was travelling well at the time but as a consequence of the interference its chances and or progress in the race was affected.

Additionally, "Hot Toddy" gained some advantage through the incident.

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: 8cefa3e90d05c997cfeff6f801414bcf


informantnumber: A5576


horsename: HOT TODDY


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 30/10/2012


hearing_title: Ashburton TC 15 November 2012 - R 7 (instigating a protest)


charge:


facts:

Following the running of Race 7, the "Garth Jemmett Construction Mobile Pace" an Information Instigating a Protest was filed by Stipendiary Steward Mr Ydgren alleging interference by "Hot Toddy" (10), driven by Mr S F Golding, to "Eye Of Expectancy" (6), driven by Ms C I Hunter.

The Judge's placings in this race were as follows:

1st – Nicky's Passion (5)

2nd- Mixed Emotions (12)

3rd- Hot Toddy (10)

4th- K C Pedro (8)

5th- Master Pip (4)

6th- Its Nukes (11)

The Information reads as follows:

"with approximately 400 metres to run S Golding (Hot Toddy) shifted ground outwards when insufficiently clear checking Eyre Of Expectancy (C Hunter) which broke"

Rule 869 (8) (a) & (b) 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 contact 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-

(c) immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby"


appealdecision:


isappeal:


submissionsfordecision:

Stipendiary Steward Mr Ydgren, with the assistance of Stipendiary Steward Mr Wallis using the race video, described how "Hot Toddy" (Mr Golding) was travelling three back on the running line at the 400 metre mark. "Eyre Of Expectancy" (Ms Hunter) was two out and "K C Pedro" three wide outside "Hot Toddy". Mr Ydgren illustrated how "Hot Toddy" moved out from a rails position with the intention of travelling up alongside "Highview Jackie" which he had been trailing. In doing so he had forced "Eyre Of Expectancy" out which made contact with the inside sulky wheel of "K C Pedro". 

Mr Ydgren submitted that as a consequence "Eyre Of Expectancy" went into a break affecting its chance and progress in the race.

Ms Hunter gave evidence that she had felt pressure from the inside when "Hot Toddy" came out and attempted to move out and get on the back of "K C Pedro". However her horse had struck the sulky wheel of "K C Pedro" and went into a break.

Ms Hunter gave evidence that "Eyre Of "Expectancy" had been travelling well at the time. "Eyre Of Expectancy" lost significant ground as a result of the check ending up finishing 11th.

It was Mr Ydgren's assessment that "Eyre Of Expectancy was under a hold at the time and believed the horse would have ''run on'' if the interference had not occurred.

Mr Golding in evidence said "Highview Jackie", driven by Bronson Munro, which was travelling in front of him prior to the 400 metre mark, came back suddenly resulting in him having to pull his horse back. In the process his horse had ''ducked out a bit''. He said this had been a contributing cause of him moving out onto "Eyre Of Expectancy".  

Mr Dunn submitted if Mr Golding had waited another 10 strides there would have been enough room to move out. He said with "Highview Jackie" ( Mr Munro) coming back, Mr Golding had elected to continue out after his horse had "ducked out".

Mr Ydgren, using the race video, accepted "Highview Jackie" came back on "Hot Toddy" and Mr Golding took hold of his horse receiving a check. However he identified through use of the video that Mr Golding had recovered from this and had time to turn his whip and slap the horse with the right rein. It was then that he had made the outwards movement which resulted in "Eyre Of Expectancy" being forced out onto "K C Pedro".


reasonsfordecision:

While the Committee accepted "Hot Toddy" was checked by "Highview Jackie" coming back, Mr Golding had managed to settle the horse and had time to encourage his drive by slapping it with the reins before making the significant move outwards. It was at this stage "Hot Toddy" moved out onto "Eyre Of Expectancy" causing that horse to strike the sulky wheel of "K C Pedro" and go into a break.

The Committee was satisfied from the evidence that free from the prior interference caused by "Highview Jackie", "Hot Toddy" moved out when there was insufficient racing room, causing "Eyre Of Expectancy" to strike the sulky of another runner and go into a break. Evidence indicated that "Eyre Of Expectancy" was travelling well at the time but as a consequence of the interference its chances and or progress in the race was affected.

Additionally, "Hot Toddy" gained some advantage through the incident.


Decision:

"Hot Toddy" interferred with "Eyre Of Expectancy" causing the latter to strike a sulky wheel, go into a break, affecting its progress and or chance in the race.

The protest was upheld.

Accordingly "Hot Toddy" should be relegated to behind "Eyre Of Expectancy", 11th placing) The revised placings being:

1st Nicky's Passion (5)

2nd Mixed Emotions (12)

3rd K C Pedro (8)

4th Master Pip (4)

5th Its Nukes (11)

It was ordered that dividends and stakes be paid in accordance with the amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


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


Informant: Mr N G Ydgren - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr S F Golding - Junior Horseman, Ms C I Hunter - Junior Horseman, Mr J R Dunn - Open Horseman (Assisting Mr Golding), Mr C J DeFillipi - Open Horseman (Assisting Ms Hunter), Mr Wallis - Stipendiary Steward


Respondent: Mr S F Golding - Junior Horseman


StipendSteward:


raceid: 0fe155e2c81ff8995a4b131ea334ee6f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cdd049b87d084dc077d6f13e27f5c606


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/11/2012


meet_title: Ashburton TC - 15 November 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-tc


meet_racingtype: harness-racing


meet_chair: JMillar


meet_pm1: SChing


meet_pm2: none


name: Ashburton TC