Invercargill HRC 6 June 2016 – R 8 (instigating a protest) – Chair, Mr N Skelt
ID: JCA14891
Meet Title:
Invercargill HRC - 6 June 2016
Meet Chair:
NSkelt
Meet Committee Member 1:
VMUnro
Race Date:
2016/06/06
Race Number:
R 8
Decision:
The protest is dismissed.
It was ordered that dividends and stakes be paid in accordance with the official result.
Facts:
Following the running of race 8, South Port NZ Ltd Bluff Cup Mobile Pace, an information was filed instigating a protest pursuant to rule 869(A)(2).
The informant Mr B.McLELLAN alleged that the horse ROXY DALE, placed second and driven by Mr A.ARMOUR caused interference to his horse VERA’s DELIGHT, placed third by the Judge near the 500 metres.
OFFICIAL JUDGE'S PLACINGS:
1st Bettor’s Avenue (1) – C Ferguson.
2nd Roxy Dale (2) – A Armour.
3rd Vera’s Delight (3) – B McLellan.
4th Greenburn Creek (9) – S Walkinshaw.
5th Kiwi Focus (6) – N Williamson.
6th Run To Hide (5) – A Beck.
OFFICIAL MARGINS.
Half neck.
1 length.
½ length.
¾ length.
Rule 869A(2) provides as follows:
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 that 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.
Submissions for Decision:
Mr McLELLAN (Vera’s Delight) used the video to show where the alleged interference took place. His horse was 4 deep on the peg line where he moved off near the 500 metre mark. At this point he alleges that Mr A Armour (Roxy Dale) has moved down to the peg line and has touched his wheel in the process causing the tyre to deflate. Mr McLellan then states he has pulled a flat tyre for approximately the last 400 metres of the race.
This has caused his horse from finishing closer to the winning horse. He also stated his horse was finishing off the race just as good as the horse in front.
Mr A Armour (Roxy Dale) using the video footage, stated that he was one off the fence and Mr McLellan was on the fence, where he has elected to come off the fence and onto the back of Mr Kennett’s horse who was tiring. Mr Armour saw daylight and went down on to the fence for his run. Mr Armour believes that he did not make contact with Mr McLellan’s wheel.
He also states that down the straight Mr McLellan’s tyre and tube are still on the cart and the horse is not finishing off better than his own horse.
Mr Armour states that there was a clear entitlement for his horse to proceed down on to the fence when the gap opened.
The Committee asked the Stipendiary Stewards for their opinion on the alleged incident.
Mr L Tidmarsh (Stipendiary Steward) was of the opinion that where Mr McLellan alleges his wheel was struck, it is hard to quantify how much ground this may has cost Mr McLellan at this stage of the race. Mr McLellan has said his wheel was struck but there is no video footage to support this.
Mr N Ydgren (Stipendiary Steward) was of the opinion that Mr McLellan was further held by the tiring horse driven by Mr Kennett which has given Mr Armour’s horse a clear run through. The tiring horse has hampered Mr McLellan’s horse. Mr Armour has beaten Mr McLellan’s horse by a length at the line. As Mr Tidmarsh stated it is hard to quantify how much a flat tyre restricts a horse over that distance.
Mr M Brown stated that the tyre was not wrapped around the wheel and in fact had stayed on, which is less effect than a tyre off the rim.
Mr McLellan confirmed that the tyre had come off but not the tube.
Reasons for Decision:
After viewing the video footage, we have come to the conclusion that there is no clear footage of Mr McLellan’s tyre being struck by Mr Armour. We can only assume this has happened by Mr McLellan’s evidence which is contradicted by Mr Armour who says he did not strike the wheel.
There is a margin of one length between the two horses at the finish line.
We are satisfied that on the evidence provided that Mr McLellan’s horse would not have finished in front of Mr Armour’s horse.
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: 88a033f2bec1ac0a71d4e80ab86f5cbe
informantnumber: A7627
horsename: ROXY DALE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 07/06/2016
hearing_title: Invercargill HRC 6 June 2016 - R 8 (instigating a protest) - Chair, Mr N Skelt
charge:
facts:
Following the running of race 8, South Port NZ Ltd Bluff Cup Mobile Pace, an information was filed instigating a protest pursuant to rule 869(A)(2).
The informant Mr B.McLELLAN alleged that the horse ROXY DALE, placed second and driven by Mr A.ARMOUR caused interference to his horse VERA’s DELIGHT, placed third by the Judge near the 500 metres.
OFFICIAL JUDGE'S PLACINGS:
1st Bettor’s Avenue (1) – C Ferguson.
2nd Roxy Dale (2) – A Armour.
3rd Vera’s Delight (3) – B McLellan.
4th Greenburn Creek (9) – S Walkinshaw.
5th Kiwi Focus (6) – N Williamson.
6th Run To Hide (5) – A Beck.
OFFICIAL MARGINS.
Half neck.
1 length.
½ length.
¾ length.
Rule 869A(2) provides as follows:
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 that 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLELLAN (Vera’s Delight) used the video to show where the alleged interference took place. His horse was 4 deep on the peg line where he moved off near the 500 metre mark. At this point he alleges that Mr A Armour (Roxy Dale) has moved down to the peg line and has touched his wheel in the process causing the tyre to deflate. Mr McLellan then states he has pulled a flat tyre for approximately the last 400 metres of the race.
This has caused his horse from finishing closer to the winning horse. He also stated his horse was finishing off the race just as good as the horse in front.
Mr A Armour (Roxy Dale) using the video footage, stated that he was one off the fence and Mr McLellan was on the fence, where he has elected to come off the fence and onto the back of Mr Kennett’s horse who was tiring. Mr Armour saw daylight and went down on to the fence for his run. Mr Armour believes that he did not make contact with Mr McLellan’s wheel.
He also states that down the straight Mr McLellan’s tyre and tube are still on the cart and the horse is not finishing off better than his own horse.
Mr Armour states that there was a clear entitlement for his horse to proceed down on to the fence when the gap opened.
The Committee asked the Stipendiary Stewards for their opinion on the alleged incident.
Mr L Tidmarsh (Stipendiary Steward) was of the opinion that where Mr McLellan alleges his wheel was struck, it is hard to quantify how much ground this may has cost Mr McLellan at this stage of the race. Mr McLellan has said his wheel was struck but there is no video footage to support this.
Mr N Ydgren (Stipendiary Steward) was of the opinion that Mr McLellan was further held by the tiring horse driven by Mr Kennett which has given Mr Armour’s horse a clear run through. The tiring horse has hampered Mr McLellan’s horse. Mr Armour has beaten Mr McLellan’s horse by a length at the line. As Mr Tidmarsh stated it is hard to quantify how much a flat tyre restricts a horse over that distance.
Mr M Brown stated that the tyre was not wrapped around the wheel and in fact had stayed on, which is less effect than a tyre off the rim.
Mr McLellan confirmed that the tyre had come off but not the tube.
reasonsfordecision:
After viewing the video footage, we have come to the conclusion that there is no clear footage of Mr McLellan’s tyre being struck by Mr Armour. We can only assume this has happened by Mr McLellan’s evidence which is contradicted by Mr Armour who says he did not strike the wheel.
There is a margin of one length between the two horses at the finish line.
We are satisfied that on the evidence provided that Mr McLellan’s horse would not have finished in front of Mr Armour’s horse.
Decision:
The protest is dismissed.
It was ordered that dividends and stakes be paid in accordance with the official result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(a)(2)
Informant: Mr B McLellan - Driver/Trainer of VERA'S DELIGHT
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Brown - Trainer of ROXY DALE, Mr A Armour - Driver of ROXY DALE, Mr B McLellan - Trainer/Driver of VERA'S DELIGHT, Mr L Tidmarsh - Stipendiary Steward, Mr N Ydgren - Stipendiary Steward
Respondent: Mr A Armour - Driver of ROXY DALE
StipendSteward:
raceid: e6f3809fe0628378d2310301162032f2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dc294fc5b7fbe188b33ae3c526e3f47a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/06/2016
meet_title: Invercargill HRC - 6 June 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: VMUnro
meet_pm2: none
name: Invercargill HRC