Archive Decision

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Oamaru HRC 14 September 2014 – R 7 (instigating a protest)

ID: JCA14875

Applicant:
Mr SP Renault - Stipendiary Steward

Respondent(s):
Mr AJ Butt - Pass Them By, Miss SJ Ottley - Horsewoman Pure Power

Information Number:
A7203

Hearing Type:
Protest

Rules:
869 (A) 2

Meet Title:
Oamaru HRC - 14 September 2014

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2014/09/14

Race Number:
R7

Decision:

The Protest is upheld and PURE POWER is relegated from third to fourth position.

The official placings are now:

Tiger Tara (6)               1st

Four Starzzz Flash (2)   2nd

Pass Them By (1)          3rd

Pure Power (7)              4th

Facts:

Following race # 7 the PGG WRIGHTSON HANNON MEMORIAL PACE the Stewards lodged a Protest under Rule 869 (A) 2 on behalf of Mr AJ Butt the horseman of PASS THEM BY. The information alleged that PURE POWER (Miss S Ottley) shifted outwards when leading which caused interference to PASS THEM BY.

The official placings are:

Tiger Tara (6)              1st

Four Starzzz Flash (2)  2nd

Pure Power (7)             3rd

Pass Them By (1)         4th

The official margins were a Neck, 1 length and a Long neck between third and fourth.

Rule 869 (A) 2 states:

(1) For the purpose of this rule:

(a) “placed horse” means a horse placed by the Judge 1st, 2nd, 3rd, 4th or 5th;

(b) “interference” means any conduct referred to in rule 869 which interferes or is likely to interfere with the progress of any horse in a race.

(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.

Regulation # 7 of the PASSING LANE, FALSE RAILS AND HOME STRAIGHT REGULATIONS states:

Except where a horseman is making a move pursuant to Rule 869 (7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.

Miss Ottley was assisted in the hearing by Mr J R Dunn.

Submissions for Decision:

The Stewards showed several views of the incident from different camera positions. Mr Renault stated that PURE POWER was leading as the field entered the home straight for the run to the finish. PASS THEM BY was sitting in the parked out position and behind Ms Ottley’s sulky wheel. Approaching the straight Mr Butt attempted to improve his position but was hampered from that point by PURE POWER drifting outwards in the home straight. He believed Ms Ottley had allowed her horse to drift at least 3-4 sulky widths. Ms Ottley had straightened her horse up about 100m from the finish but by this time TIGER TARA had crossed over in front of PASS THEM BY. At no time was Mr Butt able to secure a clear run, which he was entitled to.

Mr Butt stated he was never given an opportunity in the home straight to improve his position. He had taken a hold of PASS THEM BY several times in the home straight and had called out to Ms Ottley on several occasions. But by the time he did gain room the winner TIGER TARA had crossed over in front of him and he had finished hard on the back of that runner at the line. He was adamant he would have beaten PURE POWER for third at the line if he had obtained a clear run.

Mr Dunn stated he believed Mr Butt had had every opportunity to improve. He had continued to drive his horse out and had stopped driving his horse over the final 50m. He said PURE POWER was never going to beat PASS THEM BY.

Reasons for Decision:

Regulation #7 is very clear. All horsemen must ensure they keep as straight a line as possible in the home straight. After viewing the videos it is clear Ms Ottley allowed PURE POWER to drift outwards on entering the home straight. In doing so PASS THEM BY was denied any opportunity to improve its position and Mr Butt was clearly hampered in his efforts to improve his horse, finishing behind the eventual winner TIGER TARA. The official margin of a long neck between third and fourth placing is also significant, showing that PASS THEM BY was making ground on PURE POWER in the home straight. In order to follow the wording of the rule, Ms Ottley caused interference to PASS THEM BY by allowing her horse to drift out in the home straight. We are satisfied that PASS THEM BY would have finished ahead of PURE POWER had it not suffered interference from that runner.
 

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: 86e661fe39a99a3d197d2e82858728a0


informantnumber: A7203


horsename: Pass Them By


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 13/09/2014


hearing_title: Oamaru HRC 14 September 2014 - R 7 (instigating a protest)


charge:


facts:

Following race # 7 the PGG WRIGHTSON HANNON MEMORIAL PACE the Stewards lodged a Protest under Rule 869 (A) 2 on behalf of Mr AJ Butt the horseman of PASS THEM BY. The information alleged that PURE POWER (Miss S Ottley) shifted outwards when leading which caused interference to PASS THEM BY.

The official placings are:

Tiger Tara (6)              1st

Four Starzzz Flash (2)  2nd

Pure Power (7)             3rd

Pass Them By (1)         4th

The official margins were a Neck, 1 length and a Long neck between third and fourth.

Rule 869 (A) 2 states:

(1) For the purpose of this rule:

(a) “placed horse” means a horse placed by the Judge 1st, 2nd, 3rd, 4th or 5th;

(b) “interference” means any conduct referred to in rule 869 which interferes or is likely to interfere with the progress of any horse in a race.

(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.

Regulation # 7 of the PASSING LANE, FALSE RAILS AND HOME STRAIGHT REGULATIONS states:

Except where a horseman is making a move pursuant to Rule 869 (7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.

Miss Ottley was assisted in the hearing by Mr J R Dunn.


appealdecision:


isappeal:


submissionsfordecision:

The Stewards showed several views of the incident from different camera positions. Mr Renault stated that PURE POWER was leading as the field entered the home straight for the run to the finish. PASS THEM BY was sitting in the parked out position and behind Ms Ottley’s sulky wheel. Approaching the straight Mr Butt attempted to improve his position but was hampered from that point by PURE POWER drifting outwards in the home straight. He believed Ms Ottley had allowed her horse to drift at least 3-4 sulky widths. Ms Ottley had straightened her horse up about 100m from the finish but by this time TIGER TARA had crossed over in front of PASS THEM BY. At no time was Mr Butt able to secure a clear run, which he was entitled to.

Mr Butt stated he was never given an opportunity in the home straight to improve his position. He had taken a hold of PASS THEM BY several times in the home straight and had called out to Ms Ottley on several occasions. But by the time he did gain room the winner TIGER TARA had crossed over in front of him and he had finished hard on the back of that runner at the line. He was adamant he would have beaten PURE POWER for third at the line if he had obtained a clear run.

Mr Dunn stated he believed Mr Butt had had every opportunity to improve. He had continued to drive his horse out and had stopped driving his horse over the final 50m. He said PURE POWER was never going to beat PASS THEM BY.


reasonsfordecision:

Regulation #7 is very clear. All horsemen must ensure they keep as straight a line as possible in the home straight. After viewing the videos it is clear Ms Ottley allowed PURE POWER to drift outwards on entering the home straight. In doing so PASS THEM BY was denied any opportunity to improve its position and Mr Butt was clearly hampered in his efforts to improve his horse, finishing behind the eventual winner TIGER TARA. The official margin of a long neck between third and fourth placing is also significant, showing that PASS THEM BY was making ground on PURE POWER in the home straight. In order to follow the wording of the rule, Ms Ottley caused interference to PASS THEM BY by allowing her horse to drift out in the home straight. We are satisfied that PASS THEM BY would have finished ahead of PURE POWER had it not suffered interference from that runner.
 


Decision:

The Protest is upheld and PURE POWER is relegated from third to fourth position.

The official placings are now:

Tiger Tara (6)               1st

Four Starzzz Flash (2)   2nd

Pass Them By (1)          3rd

Pure Power (7)              4th


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869 (A) 2


Informant: Mr SP Renault - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr JR Dunn - Assisting Ms Ottley


Respondent: Mr AJ Butt - Pass Them By, Miss SJ Ottley - Horsewoman Pure Power


StipendSteward:


raceid: 51f3938b9691f99fa48a6d71bdca247b


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: 8e42fe1a6949b463dbea6714afb400db


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/09/2014


meet_title: Oamaru HRC - 14 September 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Oamaru HRC