Westport TC 7 March 2014 – R 10 (instigating a protest)
ID: JCA15387
Meet Title:
Westport TC - 7 March 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/03/07
Race Number:
R10
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 10, the Shearmac Aluminium/Denniston Dog Trot, an Information instigating a protest was filed by Stipendiary Steward Mr S Renault, alleging interference into the first bend by ALL SHOOK UP, driven by Mr G Smith, who finished in 3rd place, to HOLDON TOYASPURS, driven by Mr J Thomas, who finished in 10th place.
The Judge's placings in this race were as follows:
1st SUNCHITA (12)
2nd SARAH PALIN (1)
3rd ALL SHOOK UP (11)
4th SPEEDY EARL (2)
5th AILE ROUGE (8)
6th EARL’S BULLER GIRL (10)
Rule 869(8) provides as follows:
“The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
The connections of ALL SHOOK UP were represented at this hearing by Open Horseman, Mr G Smith with Mr J Thomas- Junior Driver and Mr J Hay-Open Horseman representing the interests of HOLDON TOYASPURS.
Submissions for Decision:
Mr Renault gave evidence and showed the relevant films of the incident which occurred shortly after the start and on the first bend. Mr Tidmash, who was assisting at the hearing, pointed out HOLDON TOYASPURS racing in the parked position leaving the straight with ALL SHOOK UP in a 3 wide position improving forward. Mr Tidmarsh showed ALL SHOOK UP improving past HOLDON TOYASPURS to take up the parked position and when doing so tightened HOLDON TOYASPURS causing it to break. Mr Renault said the Stewards allege that Mr Smith driving ALL SHOOK UP has cramped the racing room of HOLDON TOYASPURS and as a result has broken.
Mr Thomas said he was coming into the first bend and when Mr Smith was crossing him it got tight. He called to Mr Smith who made an effort to keep out but he could see his horse was hanging in. He said he was still tightened which he believed caused his horse to gallop. He said there was no contact between the horses and also stated that his reaction, by pulling back, probably contributed to the horse breaking. In answer to a question from Mr Renault he said that he had to take a hold of his horse due to ALL SHOOK UP tightening him up which caused his horse to break.
Mr Hay stated that it looked like HOLDON TOYASPURS may have over reacted when Mr Thomas grabbed hold of him.
Mr Smith said that when he went past HOLDON TOYASPURS, Mr Thomas yelled out to him to give him a bit of room. He said his horse was lugging in and he turned his horse's head out to give Mr Thomas some more room. Mr Smith stated it was never tight enough for HOLDON TOYASPURS to break. He said that his wheel was never inside his wheel and there was at least a foot of room between the horses during the manoeuvre. Mr Smith submitted that for him to have put HOLDON TOYASPURS in cramped room his wheel would have had to have been inside Mr Thomas’s wheel. He said that the tightest point of the manoeuvre was when he was wheel to wheel with Mr Thomas and that was when Mr Thomas called out and he gave him more room. He stated that he thereafter never had Mr Thomas in cramped room and was never anywhere near in risk of making contact with HOLDON TOYASPURS.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that HOLDON TOYASPURS had broken when ALL SHOOK UP was improving past to take up the parked position. The Committee was however not satisfied that ALL SHOOK UP had put HOLDON TOYASPURS in tight quarters and caused it to break. We found the video replays of the incident compelling which showed that although it may have been tight when the horses were level, Mr Smith gave Mr Thomas more room and thereafter his manoeuvre to take up the parked position was completed with reasonable clearance. We also took into consideration that HOLDON TOYASPURS may have over reacted when grabbed by Mr Thomas when he believed he was being tightened.
Taking all the above matters into account we decided that this protest should be dismissed.
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: 8c4100e83aa730f99d223a300e34bc95
informantnumber: A6470
horsename: ALL SHOOK UP
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2014
hearing_title: Westport TC 7 March 2014 - R 10 (instigating a protest)
charge:
facts:
Following the running of Race 10, the Shearmac Aluminium/Denniston Dog Trot, an Information instigating a protest was filed by Stipendiary Steward Mr S Renault, alleging interference into the first bend by ALL SHOOK UP, driven by Mr G Smith, who finished in 3rd place, to HOLDON TOYASPURS, driven by Mr J Thomas, who finished in 10th place.
The Judge's placings in this race were as follows:
1st SUNCHITA (12)
2nd SARAH PALIN (1)
3rd ALL SHOOK UP (11)
4th SPEEDY EARL (2)
5th AILE ROUGE (8)
6th EARL’S BULLER GIRL (10)
Rule 869(8) provides as follows:
“The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
The connections of ALL SHOOK UP were represented at this hearing by Open Horseman, Mr G Smith with Mr J Thomas- Junior Driver and Mr J Hay-Open Horseman representing the interests of HOLDON TOYASPURS.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and showed the relevant films of the incident which occurred shortly after the start and on the first bend. Mr Tidmash, who was assisting at the hearing, pointed out HOLDON TOYASPURS racing in the parked position leaving the straight with ALL SHOOK UP in a 3 wide position improving forward. Mr Tidmarsh showed ALL SHOOK UP improving past HOLDON TOYASPURS to take up the parked position and when doing so tightened HOLDON TOYASPURS causing it to break. Mr Renault said the Stewards allege that Mr Smith driving ALL SHOOK UP has cramped the racing room of HOLDON TOYASPURS and as a result has broken.
Mr Thomas said he was coming into the first bend and when Mr Smith was crossing him it got tight. He called to Mr Smith who made an effort to keep out but he could see his horse was hanging in. He said he was still tightened which he believed caused his horse to gallop. He said there was no contact between the horses and also stated that his reaction, by pulling back, probably contributed to the horse breaking. In answer to a question from Mr Renault he said that he had to take a hold of his horse due to ALL SHOOK UP tightening him up which caused his horse to break.
Mr Hay stated that it looked like HOLDON TOYASPURS may have over reacted when Mr Thomas grabbed hold of him.
Mr Smith said that when he went past HOLDON TOYASPURS, Mr Thomas yelled out to him to give him a bit of room. He said his horse was lugging in and he turned his horse's head out to give Mr Thomas some more room. Mr Smith stated it was never tight enough for HOLDON TOYASPURS to break. He said that his wheel was never inside his wheel and there was at least a foot of room between the horses during the manoeuvre. Mr Smith submitted that for him to have put HOLDON TOYASPURS in cramped room his wheel would have had to have been inside Mr Thomas’s wheel. He said that the tightest point of the manoeuvre was when he was wheel to wheel with Mr Thomas and that was when Mr Thomas called out and he gave him more room. He stated that he thereafter never had Mr Thomas in cramped room and was never anywhere near in risk of making contact with HOLDON TOYASPURS.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that HOLDON TOYASPURS had broken when ALL SHOOK UP was improving past to take up the parked position. The Committee was however not satisfied that ALL SHOOK UP had put HOLDON TOYASPURS in tight quarters and caused it to break. We found the video replays of the incident compelling which showed that although it may have been tight when the horses were level, Mr Smith gave Mr Thomas more room and thereafter his manoeuvre to take up the parked position was completed with reasonable clearance. We also took into consideration that HOLDON TOYASPURS may have over reacted when grabbed by Mr Thomas when he believed he was being tightened.
Taking all the above matters into account we decided that this protest should be dismissed.
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: S Renault-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: J Thomas-Junior Horseman, J Hay-Open Horseman, L Tidmarsh-Stipendiary Steward
Respondent: G Smith-Open Horseman
StipendSteward:
raceid: 2e02b3a05ca4aeabe91d8b8b2e25e3d8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 70504758fe1b516c56beee978d7d3999
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/03/2014
meet_title: Westport TC - 7 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Westport TC