Kumeu TC 24 February 2014 – R 9 (instigating a protest)
ID: JCA15194
Meet Title:
Kumeu TC - 24 February 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2014/02/24
Race Number:
R 9
Decision:
The protest is upheld and VOTE FOR ME is disqualified from the race pursuant to Rule 1003(2)(a).
The amended placings are now:
1st - REAL STAR
2nd - SIMPLY STUNNING
3rd - SHARDONS PEARL
4th - ITS ALL ON
5th LOVE MY WAY
It was ordered that dividends and stakes be paid in accordance with the amended placings.
Facts:
Following Race 9 two protests were lodged. Firstly against the fith placed VOTE FOR ME (P Ferguson) on the grounds of causing interference to ACE OF DELIGHT passing the 300 metres. The protest was not contested by horseman P Ferguson and the JCA relegated VOTE FOR ME from fifth to thirteenth placing. Secondly, a protest was lodged by the fifth placed VOTE FOR ME against the fourth placed horse ITS ALL ON (T Mitchell) on the grounds of impeding its progress over the concluding stages. This protest was withdrawn following VOTE FOR ME's relegation.
The associated charge of careless driving under Rule 869(3)(b) was admitted by Mr Ferguson for causing interference to ACE OF DELIGHT with the JCA imposing a fine of $200.
The Judge's placings were:
1st - REAL STAR
2nd - SIMPLY STUNNING
3rd - SHARDONS PEARL
4th - ITS ALL ON
5th - VOTE FOR ME
Submissions for Decision:
Mr Muirhead demonstrated the incident using the available head-on, side-on and rear view films. He identified VOTE FOR ME driven by Mr Ferguson, and ACE OF DELIGHT driven by Mr Lawson. He pointed out that VOTE FOR ME was in a 3 wide position approaching the 300 metre mark, and then shifted out making contact with ACE OF DELIGHT's sulky wheel. This caused ACE OF DELIGHT to go off-stride into a gallop. Mr Muirhead submitted that VOTE FOR ME should be disqualified from the race.
Mr Lawson told the Committee that the outwards movement from VOTE FOR ME 'squeezed him up' and his horse went off-stride as it had nowhere to go.
Mr Ferguson conceded his sulky had made contact with ACE OF DELIGHT's sulky wheel. He submitted that it was only a 'touch' and that he had pulled his horse back as soon as this contact had occurred.
Reasons for Decision:
The Committee took into account the evidence of Mr Muirhead and Mr Lawson. We note that Mr Ferguson did not contest the protest.
The videos clearly showed that there was contact from VOTE FOR ME onto the sulky wheel of ACE OF DELIGHT which caused that horse to go off-stride and gallop.
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: 742d234b1538c5bd3069619d275ec875
informantnumber: A3849
horsename: VOTE FOR ME
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 23/02/2014
hearing_title: Kumeu TC 24 February 2014 - R 9 (instigating a protest)
charge:
facts:
Following Race 9 two protests were lodged. Firstly against the fith placed VOTE FOR ME (P Ferguson) on the grounds of causing interference to ACE OF DELIGHT passing the 300 metres. The protest was not contested by horseman P Ferguson and the JCA relegated VOTE FOR ME from fifth to thirteenth placing. Secondly, a protest was lodged by the fifth placed VOTE FOR ME against the fourth placed horse ITS ALL ON (T Mitchell) on the grounds of impeding its progress over the concluding stages. This protest was withdrawn following VOTE FOR ME's relegation.
The associated charge of careless driving under Rule 869(3)(b) was admitted by Mr Ferguson for causing interference to ACE OF DELIGHT with the JCA imposing a fine of $200.
The Judge's placings were:
1st - REAL STAR
2nd - SIMPLY STUNNING
3rd - SHARDONS PEARL
4th - ITS ALL ON
5th - VOTE FOR ME
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident using the available head-on, side-on and rear view films. He identified VOTE FOR ME driven by Mr Ferguson, and ACE OF DELIGHT driven by Mr Lawson. He pointed out that VOTE FOR ME was in a 3 wide position approaching the 300 metre mark, and then shifted out making contact with ACE OF DELIGHT's sulky wheel. This caused ACE OF DELIGHT to go off-stride into a gallop. Mr Muirhead submitted that VOTE FOR ME should be disqualified from the race.
Mr Lawson told the Committee that the outwards movement from VOTE FOR ME 'squeezed him up' and his horse went off-stride as it had nowhere to go.
Mr Ferguson conceded his sulky had made contact with ACE OF DELIGHT's sulky wheel. He submitted that it was only a 'touch' and that he had pulled his horse back as soon as this contact had occurred.
reasonsfordecision:
The Committee took into account the evidence of Mr Muirhead and Mr Lawson. We note that Mr Ferguson did not contest the protest.
The videos clearly showed that there was contact from VOTE FOR ME onto the sulky wheel of ACE OF DELIGHT which caused that horse to go off-stride and gallop.
Decision:
The protest is upheld and VOTE FOR ME is disqualified from the race pursuant to Rule 1003(2)(a).
The amended placings are now:
1st - REAL STAR
2nd - SIMPLY STUNNING
3rd - SHARDONS PEARL
4th - ITS ALL ON
5th LOVE MY WAY
It was ordered that dividends and stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4) and 869(8)(a)(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Lawson, Open Horseman-driver of ACE OF DELIGHT
Respondent: Mr P Ferguson, Open Horseman-driver of VOTE FOR ME and representing the connections
StipendSteward:
raceid: 1351ea6b573aba872b6d17cf12d9424e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e73777b26dd27e1d670d85f6e822b956
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/02/2014
meet_title: Kumeu TC - 24 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Kumeu TC