Auckland TC 7 November 2014 – R 2 (instigating a protest)
ID: JCA15032
Meet Title:
Auckland TC - 7 November 2014
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2014/11/07
Race Number:
R2
Decision:
The Protest is upheld and BETTER ROSE is disqualified from the Race.
The amended placings are now:
1st – 9 (Bettormack)
2nd – 12 (Downunder Stride)
3rd – 11 (Cullect the Gold)
4th – 5 (The Faithful)
5th – 2 (Mischief Maker)
It is ordered that Dividends and Stakes be paid in accordance with the amended placings.
Facts:
Following the running of the LINCOLN FARMS MOBILE PACE an Information Instigating a Protest was lodged by Stipendiary Steward Mr S Mulcay against the third placing of BETTER ROSE on the grounds that it raced inside the Track Marker Line for more than 30 metres in the run home.
Mr Z Butcher, the Driver of BETTER ROSE was present and confirmed to the Committee that he represented the connections of his horse. Mr Butcher also advised the Committee that the Protest was contested.
Mr J Stormont the Driver of MISCHIEF MAKER was also present and he confirmed to the Committee that he represented the connections of his horse.
Rule 869(7)(b) provides:
“When any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race except where:
(a) It is established the breach was caused by interference by another horse or horseman; or
(b) It is established the horse did not gain any advantage from the breach in its finishing place or position.”
The Rule was read at the Hearing and Mr Mulcay also referred to Rule 1003(2) and said that the Stewards were seeking disqualification of BETTER ROSE.
Stipendiary Steward Mr JM Muirhead demonstrated the incident by use of the race films and showed that when the horses turned into the Home Straight, CULLECT THE GOLD was in front followed by MISCHIEF MAKER and then BETTER ROSE. He showed where MISCHIEF MAKER driven by Mr Stormont moved from the trail into the passing lane and Mr Butcher driving BETTER ROSE attempted to go on the inside of MISCHIEF MAKER. Mr Muirhead pointed out that Mr Stormont was entitled to the passing lane and that he took it and that he maintained a straight line to the finish and there was not sufficient room for Mr Butcher’s horse. He further said that by his manoeuver Mr Butcher had gone inside the Marker Line for approximately 50 metres and he also pointed out that on the Home Turn he had gone inside the pylons for approximately 30 metres.
Mr Stormont gave evidence and said that when he turned for home he took the passing lane as he was entitled to and maintained a straight line to the finish. He said that there was not sufficient room on the inside of him for Mr Butcher’s horse.
Mr Butcher then said that after he turned for home he thought that there was sufficient room inside Mr Stormont. He also pointed to the fact that CULLECT THE GOLD had moved out in the straight and he said that Mr Stormont should have moved out with that horse. He believed that he was entitled to move up on the inside of Mr Stormont.
Submissions for Decision:
Mr Mulcay said that in the Home Straight horsemen have to maintain as straight a course as possible and that Mr Stormont had done that. He said that it was a single passing lane and there was simply not sufficient room for Mr Butcher. He said that Mr Butcher should have desisted from his actions.
Reasons for Decision:
The Committee viewed the films and listened to the parties. The films clearly showed that firstly Mr Stormont was entitled to the passing lane, secondly that he maintained a straight line and thirdly that there was insufficient room for Mr Butcher to move up on the inside. Mr Butcher has persisted with his movement and in doing so he has gone inside the pylons for approximately 50 metres and accordingly is in breach of the Rule. We also are of the view that by his movement Mr Butcher has gained an advantage because he finished a head in front of the fourth horse and if he had have waited as he should have then he would not, in our opinion, have run third.
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: 9cb4ff0c1bd3930dc8dd1bdef997e77d
informantnumber: A7003
horsename: BETTER ROSE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 25/11/2014
hearing_title: Auckland TC 7 November 2014 - R 2 (instigating a protest)
charge:
facts:
Following the running of the LINCOLN FARMS MOBILE PACE an Information Instigating a Protest was lodged by Stipendiary Steward Mr S Mulcay against the third placing of BETTER ROSE on the grounds that it raced inside the Track Marker Line for more than 30 metres in the run home.
Mr Z Butcher, the Driver of BETTER ROSE was present and confirmed to the Committee that he represented the connections of his horse. Mr Butcher also advised the Committee that the Protest was contested.
Mr J Stormont the Driver of MISCHIEF MAKER was also present and he confirmed to the Committee that he represented the connections of his horse.
Rule 869(7)(b) provides:
“When any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race except where:
(a) It is established the breach was caused by interference by another horse or horseman; or
(b) It is established the horse did not gain any advantage from the breach in its finishing place or position.”
The Rule was read at the Hearing and Mr Mulcay also referred to Rule 1003(2) and said that the Stewards were seeking disqualification of BETTER ROSE.
Stipendiary Steward Mr JM Muirhead demonstrated the incident by use of the race films and showed that when the horses turned into the Home Straight, CULLECT THE GOLD was in front followed by MISCHIEF MAKER and then BETTER ROSE. He showed where MISCHIEF MAKER driven by Mr Stormont moved from the trail into the passing lane and Mr Butcher driving BETTER ROSE attempted to go on the inside of MISCHIEF MAKER. Mr Muirhead pointed out that Mr Stormont was entitled to the passing lane and that he took it and that he maintained a straight line to the finish and there was not sufficient room for Mr Butcher’s horse. He further said that by his manoeuver Mr Butcher had gone inside the Marker Line for approximately 50 metres and he also pointed out that on the Home Turn he had gone inside the pylons for approximately 30 metres.
Mr Stormont gave evidence and said that when he turned for home he took the passing lane as he was entitled to and maintained a straight line to the finish. He said that there was not sufficient room on the inside of him for Mr Butcher’s horse.
Mr Butcher then said that after he turned for home he thought that there was sufficient room inside Mr Stormont. He also pointed to the fact that CULLECT THE GOLD had moved out in the straight and he said that Mr Stormont should have moved out with that horse. He believed that he was entitled to move up on the inside of Mr Stormont.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay said that in the Home Straight horsemen have to maintain as straight a course as possible and that Mr Stormont had done that. He said that it was a single passing lane and there was simply not sufficient room for Mr Butcher. He said that Mr Butcher should have desisted from his actions.
reasonsfordecision:
The Committee viewed the films and listened to the parties. The films clearly showed that firstly Mr Stormont was entitled to the passing lane, secondly that he maintained a straight line and thirdly that there was insufficient room for Mr Butcher to move up on the inside. Mr Butcher has persisted with his movement and in doing so he has gone inside the pylons for approximately 50 metres and accordingly is in breach of the Rule. We also are of the view that by his movement Mr Butcher has gained an advantage because he finished a head in front of the fourth horse and if he had have waited as he should have then he would not, in our opinion, have run third.
Decision:
The Protest is upheld and BETTER ROSE is disqualified from the Race.
The amended placings are now:
1st – 9 (Bettormack)
2nd – 12 (Downunder Stride)
3rd – 11 (Cullect the Gold)
4th – 5 (The Faithful)
5th – 2 (Mischief Maker)
It is ordered that Dividends and Stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7)(b)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Z Butcher - Driver of BETTER ROSE, Mr J Stormont - Driver of MISCHIEF MAKER, Mr J M Muirhead - Stipendiary Steward
Respondent: Mr Z Butcher - Driver of BETTER ROSE
StipendSteward:
raceid: 16ee7a1e9d93cd8c7c55a7913a0c2bc4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fa578dfe4bb212f21dc01cfdee61cddc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/11/2014
meet_title: Auckland TC - 7 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC