Amberley TC 6 February 2014 – R 1 (instigating a protest)
ID: JCA14800
Meet Title:
Amberley TC - 6 February 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2014/02/06
Race Number:
R1
Decision:
The protest was upheld and SUNGAIT SALLY was relegated to 5th placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st 4 All Lit Up
2nd 2 Total Exposure
3rd 10 Pure Emotion
4th 17 Waihemo Angus
5th 5 Sungait Sally
It was ordered that dividends and stake monies be paid in accordance with that amended result.
Facts:
Following the running of Race 1, Cavalier Trotting Products Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, on behalf of WAIHEMO ANGUS (S F Smolenski), placed 5th by the judge, against SUNGAIT SALLY (R D Holmes), placed 2nd by the judge, on the grounds that “at about the 1100 metres SUNGAIT SALLY shifted outwards causing WAIHEMO ANGUS to race wider on the track”.
Mr Holmes was present at the hearing of the information and he indicated that he was representing the connections of SUNGAIT SALLY at the protest hearing.
Rule 869 provides as follows:
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
The judge’s placings were:
1st 4 All Lit Up
2nd 5 Sungait Sally
3rd 2 Total Exposure
4th 10 Pure Emotion
5th 17 Waihemo Angus
Submissions for Decision:
Mr Ydgren showed video replays of the relevant part of the race, at approximately the 1100 metres. He pointed out SUNGAIT SALLY, driven by Mr Holmes, racing in the one-out line towards the rear of the field with WAIHEMO ANGUS, driven by Mr Smolenski, improving 3-wide. He alleged that WAIHEMO ANGUS had got to the sulky wheel of SUNGAIT SALLY. Mr Holmes then shifted his position outwards to the 3-wide line, forcing Mr Smolenski to race 4-wide briefly and then 3-wide without cover for the rest of the race, when Mr Holmes progressed to sit outside the leader.
Mr Smolenski confirmed that he was going forward and up outside the wheel of Mr Holmes’ sulky when Mr Holmes shifted out. He said that he was improving quickly and was not forced to race 4-wide for a long distance (5 to 6 strides, he said), as he “dropped back” in behind. Mr Smolenski confirmed, when asked by the Committee, that he then followed Mr Holmes 3-wide until Mr Holmes got to the parked position, and raced 3-wide without cover thereafter. He confirmed to Mr Ydgren that it had been his intention to take up the parked position.
Mr Smolenski was uncertain as to how that had affected his horse’s chances. He had finished in 5th placing, the official margins being 1 ¼ lengths, 2 ¼ lengths, 1 ¼ lengths and a long neck.
Mr Holmes said that WAIHEMO ANGUS had improved rather quickly. His horse wears a Murphy blind and was slow to react. He had heard Mr Smolenski coming, he said. Mr Smolenski had got cover “quite rapidly”. Mr Holmes stated that it had been his intention to improve to the parked position as he did not think the lead would be available.
In response to a question from the Committee, Mr Holmes confirmed that, if he had not shifted out when he did, he would not have obtained a run until late in the race. Mr Smolenski was leading up the 3-wide line, he said, and he would have been held up. He admitted that he had pushed Mr Smolenski out “very briefly”.
Mr Ydgren confirmed that the Stewards were alleging that Mr Holmes had gained an advantage in terms of Rule 869 (8) (a) as well as having affected Mr Smolenski’s horse’s chances in terms of 869 (8) (b). Although Mr Smolenski was 4-wide for only a brief period, Mr Holmes’ actions had changed the whole complexion of the race, Mr Ydgren submitted.
Reasons for Decision:
The Committee was satisfied that Mr Holmes had breached the “pushout Rule” when he shifted from the 2-wide line to the 3-wide line at approximately the 1100 metres. The nose of WAIHEMO ANGUS, which was going forward, was in line with or past the sulky wheel of SUNGAIT SALLY when the latter runner moved ground outwards.
Mr Holmes admitted that he had breached the “pushout Rule” but alleged that Mr Smolenski had been forced to race wider for only a short distance.
The Committee was satisfied that Mr Holmes had gained an advantage by interference prohibited by Rule 869 (6). That advantage, by his own admission, enabled him to secure a run that would not otherwise have been available.
Furthermore, the Committee was satisfied that the chances or progress of WAIHEMO ANGUS were affected. That horse received “interference” that resulted in it having to race 3-wide without cover for the final 1000 metres or so of the race and it was significant that it was still able to finish in 5th placing, and only a long neck from the 4th placegetter, PURE EMOTION.
The Committee was satisfied that it was appropriate to relegate SUNGAIT SALLY to 5th placing behind WAIHEMO ANGUS, having regard to all of those factors.
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: 7d69ebebded93ceadb743dc882829384
informantnumber: A6115
horsename: Sungait Sally
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/02/2014
hearing_title: Amberley TC 6 February 2014 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, Cavalier Trotting Products Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, on behalf of WAIHEMO ANGUS (S F Smolenski), placed 5th by the judge, against SUNGAIT SALLY (R D Holmes), placed 2nd by the judge, on the grounds that “at about the 1100 metres SUNGAIT SALLY shifted outwards causing WAIHEMO ANGUS to race wider on the track”.
Mr Holmes was present at the hearing of the information and he indicated that he was representing the connections of SUNGAIT SALLY at the protest hearing.
Rule 869 provides as follows:
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
The judge’s placings were:
1st 4 All Lit Up
2nd 5 Sungait Sally
3rd 2 Total Exposure
4th 10 Pure Emotion
5th 17 Waihemo Angus
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed video replays of the relevant part of the race, at approximately the 1100 metres. He pointed out SUNGAIT SALLY, driven by Mr Holmes, racing in the one-out line towards the rear of the field with WAIHEMO ANGUS, driven by Mr Smolenski, improving 3-wide. He alleged that WAIHEMO ANGUS had got to the sulky wheel of SUNGAIT SALLY. Mr Holmes then shifted his position outwards to the 3-wide line, forcing Mr Smolenski to race 4-wide briefly and then 3-wide without cover for the rest of the race, when Mr Holmes progressed to sit outside the leader.
Mr Smolenski confirmed that he was going forward and up outside the wheel of Mr Holmes’ sulky when Mr Holmes shifted out. He said that he was improving quickly and was not forced to race 4-wide for a long distance (5 to 6 strides, he said), as he “dropped back” in behind. Mr Smolenski confirmed, when asked by the Committee, that he then followed Mr Holmes 3-wide until Mr Holmes got to the parked position, and raced 3-wide without cover thereafter. He confirmed to Mr Ydgren that it had been his intention to take up the parked position.
Mr Smolenski was uncertain as to how that had affected his horse’s chances. He had finished in 5th placing, the official margins being 1 ¼ lengths, 2 ¼ lengths, 1 ¼ lengths and a long neck.
Mr Holmes said that WAIHEMO ANGUS had improved rather quickly. His horse wears a Murphy blind and was slow to react. He had heard Mr Smolenski coming, he said. Mr Smolenski had got cover “quite rapidly”. Mr Holmes stated that it had been his intention to improve to the parked position as he did not think the lead would be available.
In response to a question from the Committee, Mr Holmes confirmed that, if he had not shifted out when he did, he would not have obtained a run until late in the race. Mr Smolenski was leading up the 3-wide line, he said, and he would have been held up. He admitted that he had pushed Mr Smolenski out “very briefly”.
Mr Ydgren confirmed that the Stewards were alleging that Mr Holmes had gained an advantage in terms of Rule 869 (8) (a) as well as having affected Mr Smolenski’s horse’s chances in terms of 869 (8) (b). Although Mr Smolenski was 4-wide for only a brief period, Mr Holmes’ actions had changed the whole complexion of the race, Mr Ydgren submitted.
reasonsfordecision:
The Committee was satisfied that Mr Holmes had breached the “pushout Rule” when he shifted from the 2-wide line to the 3-wide line at approximately the 1100 metres. The nose of WAIHEMO ANGUS, which was going forward, was in line with or past the sulky wheel of SUNGAIT SALLY when the latter runner moved ground outwards.
Mr Holmes admitted that he had breached the “pushout Rule” but alleged that Mr Smolenski had been forced to race wider for only a short distance.
The Committee was satisfied that Mr Holmes had gained an advantage by interference prohibited by Rule 869 (6). That advantage, by his own admission, enabled him to secure a run that would not otherwise have been available.
Furthermore, the Committee was satisfied that the chances or progress of WAIHEMO ANGUS were affected. That horse received “interference” that resulted in it having to race 3-wide without cover for the final 1000 metres or so of the race and it was significant that it was still able to finish in 5th placing, and only a long neck from the 4th placegetter, PURE EMOTION.
The Committee was satisfied that it was appropriate to relegate SUNGAIT SALLY to 5th placing behind WAIHEMO ANGUS, having regard to all of those factors.
Decision:
The protest was upheld and SUNGAIT SALLY was relegated to 5th placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st 4 All Lit Up
2nd 2 Total Exposure
3rd 10 Pure Emotion
4th 17 Waihemo Angus
5th 5 Sungait Sally
It was ordered that dividends and stake monies be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(6)(b)&(c)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: S F Smolenski, Licensed Open Horseman
Respondent: R D Holmes, Licensed Open Horseman
StipendSteward:
raceid: b78857566467861fe7680172ce287264
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6e903f3b6b6565c19c669354d8b5554a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/02/2014
meet_title: Amberley TC - 6 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Amberley TC