Back to decisions search

Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Hororata TC 27 May 2011 – R7 (Instigating a Protest)

ID: JCA14609

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Mr K R Laidlaw - Open Horseman, mr S P Walkinshaw - Open Horseman

Information Number:
13813

Hearing Type:
Protest

Rules:
869(8)

Meet Title:
NZ Metro TC - 27 May 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
PRosanowski

Race Date:
2011/05/27

Race Number:
R7

Decision:

On resuming the hearing Race 8 was about to start and we advised the parties that full reasons for our decision would be given later (see above) and that the protest was dismissed.

Facts:

Following the running of Race 7, D. J. Pearce Grazing & Agistment Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr S. W. Wallis alleging interference by “Forever Arma” (6), driven by Mr S. P. Walkinshaw, to “Shamrock Lass” (4), driven by Mr K. R. Laidlaw.
The Judge’s placings in this race were as follows.
1st – Twilight Rascal (11)
2nd – Peraki King (8)
3rd – Some Kinda Tactics (1)
4th – Forever Arma (6)
5th – Uweehumma (3)
6th – Far Too Rusty (5)
 
The Information reads as follows.
“This is a protest by horse number (4) placed 8th by the Judge against horse number (6) placed 4th by the Judge on the grounds of interference near the 200m - Forever Arma shifted in onto Shamrock Lass which broke.”
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 “Forever Arma” were represented at this hearing by Mr S. P. Walkinshaw, the driver of that horse. Mr Walkinshaw advised that Mr T. M. Twidle, the trainer and part owner of “Forever Arma”, had been advised and did want to attend the hearing, and Mr Twidle did appear about half way through the hearing. Mr K. R. Laidlaw, the trainer, driver and part owner of “Shamrock Lass”, represented the interests of that horse.
 

Submissions for Decision:

Stipendiary Steward Mr McIntyre used video coverage of this incident to show that shortly after entering the home straight “Shamrock Lass” had broken from its gait briefly and lost about a half length. Mr McIntyre pointed out where “Forever Arma” moved inwards just before “Shamrock Lass” broke.

Mr Wallis called Mr Laidlaw, the driver of “Shamrock Lass”, to give evidence. He said that there was pressure, mainly from his outside, at the time his horse broke.

Mr Walkinshaw gave evidence that his horse did move in a little, but that there was no contact between his horse and “Shamrock Lass”. Mr Walkinshaw used the video coverage to support his evidence that the contact was between “Shamrock Lass” and the horse inside it, and also that this horse had moved out slightly at the time of the incident.
 

Reasons for Decision:

We carefully considered the evidence and we had seen the video coverage of the incident on many occasions. We were satisfied that “Shamrock Lass” did break briefly at about the 200 metre mark, but there was no satisfactory evidence that there had been interference from “Forever Arma” to cause this break. We accepted that there was no contact between the two horses, and preferred Mr Walkinshaw’s evidence that the contact was between “Shamrock Lass” and the horse on its inside.

Our assessment of this incident was that “Forever Arma” did move in very slightly, but did not make contact with “Shamrock Lass”. At the same time the horse inside “Shamrock Lass” moved out slightly. We found that it was the combination of the very slight movements by the two horses either side of “Shamrock Lass” that caused this incident, and that we could not be satisfied that the blame could be placed on “Forever Arma”.

Taking all the above matters into account we decided that this protest should be dismissed.
 

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: 99c16f6f5a4ee0ba99765808c3f72baa

informantnumber: 13813

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 25/05/2011

hearing_title: Hororata TC 27 May 2011 - R7 (Instigating a Protest)

charge:

facts:

Following the running of Race 7, D. J. Pearce Grazing & Agistment Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr S. W. Wallis alleging interference by “Forever Arma” (6), driven by Mr S. P. Walkinshaw, to “Shamrock Lass” (4), driven by Mr K. R. Laidlaw.
The Judge’s placings in this race were as follows.
1st – Twilight Rascal (11)
2nd – Peraki King (8)
3rd – Some Kinda Tactics (1)
4th – Forever Arma (6)
5th – Uweehumma (3)
6th – Far Too Rusty (5)
 
The Information reads as follows.
“This is a protest by horse number (4) placed 8th by the Judge against horse number (6) placed 4th by the Judge on the grounds of interference near the 200m - Forever Arma shifted in onto Shamrock Lass which broke.”
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 “Forever Arma” were represented at this hearing by Mr S. P. Walkinshaw, the driver of that horse. Mr Walkinshaw advised that Mr T. M. Twidle, the trainer and part owner of “Forever Arma”, had been advised and did want to attend the hearing, and Mr Twidle did appear about half way through the hearing. Mr K. R. Laidlaw, the trainer, driver and part owner of “Shamrock Lass”, represented the interests of that horse.
 

appealdecision:

isappeal:

submissionsfordecision:

Stipendiary Steward Mr McIntyre used video coverage of this incident to show that shortly after entering the home straight “Shamrock Lass” had broken from its gait briefly and lost about a half length. Mr McIntyre pointed out where “Forever Arma” moved inwards just before “Shamrock Lass” broke.

Mr Wallis called Mr Laidlaw, the driver of “Shamrock Lass”, to give evidence. He said that there was pressure, mainly from his outside, at the time his horse broke.

Mr Walkinshaw gave evidence that his horse did move in a little, but that there was no contact between his horse and “Shamrock Lass”. Mr Walkinshaw used the video coverage to support his evidence that the contact was between “Shamrock Lass” and the horse inside it, and also that this horse had moved out slightly at the time of the incident.
 

reasonsfordecision:

We carefully considered the evidence and we had seen the video coverage of the incident on many occasions. We were satisfied that “Shamrock Lass” did break briefly at about the 200 metre mark, but there was no satisfactory evidence that there had been interference from “Forever Arma” to cause this break. We accepted that there was no contact between the two horses, and preferred Mr Walkinshaw’s evidence that the contact was between “Shamrock Lass” and the horse on its inside.

Our assessment of this incident was that “Forever Arma” did move in very slightly, but did not make contact with “Shamrock Lass”. At the same time the horse inside “Shamrock Lass” moved out slightly. We found that it was the combination of the very slight movements by the two horses either side of “Shamrock Lass” that caused this incident, and that we could not be satisfied that the blame could be placed on “Forever Arma”.

Taking all the above matters into account we decided that this protest should be dismissed.
 

Decision:

On resuming the hearing Race 8 was about to start and we advised the parties that full reasons for our decision would be given later (see above) and that the protest was dismissed.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 869(8)

Informant: Mr S W Wallis - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr T M Twidle - Trainer and part owner of "Forever Arma"

Respondent: Mr K R Laidlaw - Open Horseman, mr S P Walkinshaw - Open Horseman

StipendSteward:

raceid: 0d7ad740f0e80300fc01fb25a747fb9c

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R7

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 98cc16caaa47055913be38ed7b58898d

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 27/05/2011

meet_title: NZ Metro TC - 27 May 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JPhelan", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: PRosanowski

meet_pm2: none

name: NZ Metro TC