Cambridge Te Awamutu HRC 28 June 2012 – R 6 (instigating a protest)
ID: JCA14566
Meet Title:
Cambridge HRC - 28 June 2012
Meet Chair:
JHolloway
Meet Committee Member 1:
BScott
Race Date:
2012/06/28
Race Number:
R6
Decision:
The breach of Rule 862 (2) by Victors Delight gave it no advantage and the Committee exercised its discretion pursuant to rule 862(3) in allowing the judges' placings to stand. Accordingly authority for payment of dividends was given.
Facts:
An information lodging a protest into the running of Race 6 was lodged by Stipendiary Steward Mr S Wallis.
The information alleged that Victors Delight breached Rules 860 (5) (b) & 862 (2) in starting from an incorrect barrier position.
Mr McMullan junior driver appeared on behalf of the connections of Victors Delight supported by Mr J Stormont.
Rule 860 (5) states:
Unless otherwise directed by a Stipendiary Steward, a horse declared to be unruly shall be placed:
(a)…
(b) in the case of a race where horses on a handicap mark on the outside of the track and clear of other horses starting on the same mark
Rule 862 (2) states:
No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8)
Rule 862(3) states:
For the avoidance of doubt, disqualification…under sub-rule (2) shall be discretionary.
Submissions for Decision:
Mr Wallis read the relevant rules to the hearing.
Stipendiary Steward Mr J Muirhead referred the committee to video footage of the start of race 6 and identified Victors Delight driven by Mr McMullan.
The horse was meant to start from the unruly position at the 10 metre mark which meant that it should have started on the outside of the track clear of other runners. In fact it had started from a point almost mid width of the track (near barrier position 5 in a mobile start).
Just before the start the horse moved sideways on the track and broke immediately on starting. In doing so it gained no advantage and did not impede or interfere with any of the other runners. Victors Delight regained its gait and finished the race in second place.
Mr McMullan told the hearing that he wasn’t aware that he had to start on the very outside of the track. An unruly horse on the mark behind him had started closer to the running line than he had. He thought he had given his horse enough space from the other starter on his mark. His horse had galloped sideways on starting but didn’t affect other runners.
Mr Stormont submitted it was a basic mistake by a junior driver unaware of the rule which had no impact on the outcome of the race. From a mobile start the unruly position is from the barrier 5 position.
Reasons for Decision:
The failure by Mr McMullan to start from the correct position was an error due in the main to his inexperience which was exacerbated by the inwards movement of his horse after it broke at the start.
No other horse in the race was adversely affected by the incorrect starting position or the subsequent break at the start. Victors Delight quickly regained its gait and did not breach the breaking horses regulations. It gained no advantage from its starting position.
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: 9385a655740b0202ce1b9ca9ac3c8374
informantnumber: A2463
horsename: VICTORS DELIGHT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 15/06/2012
hearing_title: Cambridge Te Awamutu HRC 28 June 2012 - R 6 (instigating a protest)
charge:
facts:
An information lodging a protest into the running of Race 6 was lodged by Stipendiary Steward Mr S Wallis.
The information alleged that Victors Delight breached Rules 860 (5) (b) & 862 (2) in starting from an incorrect barrier position.
Mr McMullan junior driver appeared on behalf of the connections of Victors Delight supported by Mr J Stormont.
Rule 860 (5) states:
Unless otherwise directed by a Stipendiary Steward, a horse declared to be unruly shall be placed:
(a)…
(b) in the case of a race where horses on a handicap mark on the outside of the track and clear of other horses starting on the same mark
Rule 862 (2) states:
No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8)
Rule 862(3) states:
For the avoidance of doubt, disqualification…under sub-rule (2) shall be discretionary.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis read the relevant rules to the hearing.
Stipendiary Steward Mr J Muirhead referred the committee to video footage of the start of race 6 and identified Victors Delight driven by Mr McMullan.
The horse was meant to start from the unruly position at the 10 metre mark which meant that it should have started on the outside of the track clear of other runners. In fact it had started from a point almost mid width of the track (near barrier position 5 in a mobile start).
Just before the start the horse moved sideways on the track and broke immediately on starting. In doing so it gained no advantage and did not impede or interfere with any of the other runners. Victors Delight regained its gait and finished the race in second place.
Mr McMullan told the hearing that he wasn’t aware that he had to start on the very outside of the track. An unruly horse on the mark behind him had started closer to the running line than he had. He thought he had given his horse enough space from the other starter on his mark. His horse had galloped sideways on starting but didn’t affect other runners.
Mr Stormont submitted it was a basic mistake by a junior driver unaware of the rule which had no impact on the outcome of the race. From a mobile start the unruly position is from the barrier 5 position.
reasonsfordecision:
The failure by Mr McMullan to start from the correct position was an error due in the main to his inexperience which was exacerbated by the inwards movement of his horse after it broke at the start.
No other horse in the race was adversely affected by the incorrect starting position or the subsequent break at the start. Victors Delight quickly regained its gait and did not breach the breaking horses regulations. It gained no advantage from its starting position.
Decision:
The breach of Rule 862 (2) by Victors Delight gave it no advantage and the Committee exercised its discretion pursuant to rule 862(3) in allowing the judges' placings to stand. Accordingly authority for payment of dividends was given.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 860(5)(b) and 862(2) & (3)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S McMullan - Junior Horseman and representing the connections, Mr J Stormont - Senior Horseman assisting Mr McMullan, Mr J Muirhead - Stipendiary Steward
Respondent: S Reid - Trainer
StipendSteward:
raceid: 8527d19467db74417f8f1897e6f2f792
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5612612d5a02f8a0694b0461cb450e7c
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/06/2012
meet_title: Cambridge HRC - 28 June 2012
meet_expappcomment:
meet_km: [{"Comment": [], "kmprice": 85.560000000000002, "MemberID": "JHolloway", "Member": "", "KMs": "138", "OtherExpenses": "0", "Total": "85.56", "MemberRole": "Chair ", "Approved": "on"}, {"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "138", "Total": "85.56", "kmprice": 85.560000000000002, "Approved": "on"}]
meet_otherexp:
tracklocation: cambridge-hrc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: BScott
meet_pm2: none
name: Cambridge HRC