HR Waikato 4 December 2014 – R7 (instigating a protest )
ID: JCA15378
Meet Title:
Harness Racing Waikato - 4 December 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2014/12/04
Race Number:
R7
Decision:
Accordingly the Protest is upheld.
The amended placings are:
1st - MASTER OF ESCAPE
2nd - MONTEREY JACK
3rd - COULD A DUNIT
4th - PRESENT ARMS
5th - FIELD OF COURAGE
Authority was given to pay dividends and prizemoney in accordance with the amended placings.
Facts:
Following the running of Race 7, the HYDROFLOWbetterheatingsolutions.co.nz MOBILE PACE, an Information instigating a protest was filed pursuant to Rule 869A (2) and the Passing Lane Regulations (clause 4). The Informant, Mr Muirhead, alleged that the first horse past the post, MONTEREY JACK driven by Mr J Dickie had impeded the second horse, MASTER OF ESCAPE driven by Mr T Mitchell in the final straight.
Mr Dickie was present at the hearing and indicated that he wished to contest the protest.
Mr Muirhead advised the earing that the Stipendiary Stewards were seeking the relegation of MONTEREY JACK to behind MASTER OF ESCAPE.
Rule 869A (2) provides: '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'
Passing Lane Regulations (4) provides: 'In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane'.
The Judges placings were:
1st - MONTEREY JACK
2nd - MASTER OF ESCAPE
3rd - COULD A DUNIT
4th - PRESENT ARMS
5th - FIELD OF COURAGE
Submissions for Decision:
Mr Muirhead identified the horses involved in this incident on the available video films. He told the Committee that on entering the home straight, MONTEREY JACK driven by Mr Dickie was the leading horse. Mr Mitchell driving MASTER OF ESCAPE was in a position 3 back on the rails. The horse immediately behind MONTEREY JACK had pulled out of that position to challenge MONTEREY JACK on its outside. That left MASTER OF ESCAPE in second position behind MONTEREY JACK. As the field neared the 150 metre mark MASTER OF ESCAPE had begun to challenge MONTEREY JACK in the passing lane. Mr Muirhead then pointed out that MONTEREY JACK had rolled in towards MASTER OF ESCAPE which forced that horse to take evasive action by being driven over the markers. As a result Mr Mitchell was unable to fully drive his horse out. He added that Mr Mitchell was entitled to full and unimpeded access to the passing lane.
Mr Mitchell said that his horse was a rough going type who was still learning about racing. He told the Committee that Mr Dickie's horse was hanging in on him as he tried to make a run in the passing lane, resulting in him going over the markers. He said that when Mr Dickie corrected his horse he was then able to drive MASTER OF ESCAPE out to the finish. In answer to a question from the Committee Mr Mitchell confirmed that his horse had been travelling home nicely prior to being pushed over the markers.
Mr Dickie said that it was clear that he had drifted into the passing lane for a short amount of time. He said Mr Mitchell's horse had been pacing roughly but acknowledged that his inwards pressure on it hadn't helped matters. He added that in his opinion MASTER OF ESCAPE had enough time to get past him after the incident had it been good enough.
In Summary, Mr Muirhead said it was clear that Mr Mitchell had been unable to drive his horse out with any vigour as a result of the interference and the Stewards were therefore asking for the relegation of MONTEREY JACK behind MASTER OF ESCAPE.
Mr Dickie had no further comment to make.
Reasons for Decision:
The Committee took into account the submissions of the parties and reviewed the available films.
It was clear that MASTER OF ESCAPE had been taking ground off MONTEREY JACK prior to the incident. While Mr Dickie had attempted to correct the inwards movement of his horse, it had pushed MASTER OF ESCAPE over the markers and prevented Mr Mitchell from fully driving it out. Mr Mitchell was entitled to full access for the full length of the passing lane and had been denied this by Mr Dickie rolling in on him. In the Committee's opinion this had cost MASTER OF ESCAPE any chance of winning the race. Therefore we are satisfied that MONTEREY JACK has breached the respective Rule and Regulation.
JCA Decision Fields (raw)
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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: 8b626fd90ddc6adb26cf0b32965935c3
informantnumber: A3653
horsename: MONTEREY JACK
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 11/12/2014
hearing_title: HR Waikato 4 December 2014 - R7 (instigating a protest )
charge:
facts:
Following the running of Race 7, the HYDROFLOWbetterheatingsolutions.co.nz MOBILE PACE, an Information instigating a protest was filed pursuant to Rule 869A (2) and the Passing Lane Regulations (clause 4). The Informant, Mr Muirhead, alleged that the first horse past the post, MONTEREY JACK driven by Mr J Dickie had impeded the second horse, MASTER OF ESCAPE driven by Mr T Mitchell in the final straight.
Mr Dickie was present at the hearing and indicated that he wished to contest the protest.
Mr Muirhead advised the earing that the Stipendiary Stewards were seeking the relegation of MONTEREY JACK to behind MASTER OF ESCAPE.
Rule 869A (2) provides: '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'
Passing Lane Regulations (4) provides: 'In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane'.
The Judges placings were:
1st - MONTEREY JACK
2nd - MASTER OF ESCAPE
3rd - COULD A DUNIT
4th - PRESENT ARMS
5th - FIELD OF COURAGE
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead identified the horses involved in this incident on the available video films. He told the Committee that on entering the home straight, MONTEREY JACK driven by Mr Dickie was the leading horse. Mr Mitchell driving MASTER OF ESCAPE was in a position 3 back on the rails. The horse immediately behind MONTEREY JACK had pulled out of that position to challenge MONTEREY JACK on its outside. That left MASTER OF ESCAPE in second position behind MONTEREY JACK. As the field neared the 150 metre mark MASTER OF ESCAPE had begun to challenge MONTEREY JACK in the passing lane. Mr Muirhead then pointed out that MONTEREY JACK had rolled in towards MASTER OF ESCAPE which forced that horse to take evasive action by being driven over the markers. As a result Mr Mitchell was unable to fully drive his horse out. He added that Mr Mitchell was entitled to full and unimpeded access to the passing lane.
Mr Mitchell said that his horse was a rough going type who was still learning about racing. He told the Committee that Mr Dickie's horse was hanging in on him as he tried to make a run in the passing lane, resulting in him going over the markers. He said that when Mr Dickie corrected his horse he was then able to drive MASTER OF ESCAPE out to the finish. In answer to a question from the Committee Mr Mitchell confirmed that his horse had been travelling home nicely prior to being pushed over the markers.
Mr Dickie said that it was clear that he had drifted into the passing lane for a short amount of time. He said Mr Mitchell's horse had been pacing roughly but acknowledged that his inwards pressure on it hadn't helped matters. He added that in his opinion MASTER OF ESCAPE had enough time to get past him after the incident had it been good enough.
In Summary, Mr Muirhead said it was clear that Mr Mitchell had been unable to drive his horse out with any vigour as a result of the interference and the Stewards were therefore asking for the relegation of MONTEREY JACK behind MASTER OF ESCAPE.
Mr Dickie had no further comment to make.
reasonsfordecision:
The Committee took into account the submissions of the parties and reviewed the available films.
It was clear that MASTER OF ESCAPE had been taking ground off MONTEREY JACK prior to the incident. While Mr Dickie had attempted to correct the inwards movement of his horse, it had pushed MASTER OF ESCAPE over the markers and prevented Mr Mitchell from fully driving it out. Mr Mitchell was entitled to full access for the full length of the passing lane and had been denied this by Mr Dickie rolling in on him. In the Committee's opinion this had cost MASTER OF ESCAPE any chance of winning the race. Therefore we are satisfied that MONTEREY JACK has breached the respective Rule and Regulation.
Decision:
Accordingly the Protest is upheld.
The amended placings are:
1st - MASTER OF ESCAPE
2nd - MONTEREY JACK
3rd - COULD A DUNIT
4th - PRESENT ARMS
5th - FIELD OF COURAGE
Authority was given to pay dividends and prizemoney in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869A (2) and Passing Lane Regulations ( clause 4 )
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr T Mitchell - Driver of MASTER OF ESCAPE and representing the connections
Respondent: Mr J Dickie - Driver of MONTERY JACK and representing the connections
StipendSteward:
raceid: 8f6a9568d37ef83dd7f98a27048f0536
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: 1de3a9d3a3f3b57d528912942cf521ab
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/12/2014
meet_title: Harness Racing Waikato - 4 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato