Reefton TC 11 March 2012 – R 3 (instigating a protest)
ID: JCA15478
Meet Title:
Reefton TC - 11 March 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/03/11
Race Number:
R 3
Decision:
The protest was dismissed with placings as they crossed the line confirmed.
Facts:
Following the running of Race 3, the Speights Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N M Ydgren alleging interference by “Onslow Hanover” (9), driven by Mr G D Smith, to “The Big Ticket” (3), driven by Mr R T May.
The Judge's placings in this race were as follows:
1st Franco Hepburn (2)
2nd J C Skipper (10)
3rd Special Bella (1)
4th Onslow Hanover (13)
5th Tinted Field (5)
6th Farmer Dons (11)
The Information reads as follows:
“That horse number 9, or its driver, placed 4th by the Judge, interfered with the chances of horse number 3, placed 13th (pulled up) by the Judge, as detailed below;
In that around the 1700m to race, “Onslow Hanover” (G D Smith) struck the wheel of “The Big Ticket.”(R T May) resulting in the tube coming adrift from the wheel of “The Big Ticket”. “The Big Ticket” was retired from the race as a result.
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 “Onslow Hanover” were represented at this hearing by Mr G D Smith, the driver, and Mr R T May, the driver of “The Big Ticket”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr Ydgren submitted that their evidence rested solely with the evidence that would be given by Mr May (The Big Ticket). When questioned, Mr May stated that near the 1700m, after he had shifted out in front of Mr Smith (Onslow Hanover), he felt the wheel on his sulky touched or grazed. Mr May submitted that he believed it was Mr Smith’s horse that had touched his wheel but in his opinion thought that Mr Smith’s horse was not close enough to make contact with his sulky. Mr Smith submitted that the only time he may have got close to Mr May’s sulky was when Mr May shifted out in front of him 100m prior to this incident. Mr Smith believed he was always clear of Mr May’s sulky wheel and was trailing Mr May’s horse at least a head or neck further back than as would be normal in a race. He was astounded that contact may have been made with the wheel of Mr May’s sulky. Mr Ydgren showed video evidence from two angles which could not verify contact being made between “The Big Ticket” and “Onslow Hanover”.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The video evidence was inconclusive with both video angles showing no contact between “Onslow Hanover” and “The Big Ticket”. Mr May submitted that he thought Mr Smith’s horse had touched his wheel but also that Mr Smith’s horse did not get close enough to touch his wheel. Mr Smith gave evidence that the only time he believed he was close to Mr May’s wheel was when Mr May moved out in front of him 100m before the incident. He submitted he was always well back off the sulky of Mr May thereafter.
The Committee found the evidence presented inconclusive and believed that this situation could be described as a racing incident. We were not satisfied that the strike and subsequent puncture to “The Big Ticket” was caused by “Onslow Hanover” and therefore dismissed the protest.
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: 9890751d96ab425315e26fc578c3d886
informantnumber: A5238
horsename: ONSLOW HANOVER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/03/2012
hearing_title: Reefton TC 11 March 2012 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3, the Speights Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N M Ydgren alleging interference by “Onslow Hanover” (9), driven by Mr G D Smith, to “The Big Ticket” (3), driven by Mr R T May.
The Judge's placings in this race were as follows:
1st Franco Hepburn (2)
2nd J C Skipper (10)
3rd Special Bella (1)
4th Onslow Hanover (13)
5th Tinted Field (5)
6th Farmer Dons (11)
The Information reads as follows:
“That horse number 9, or its driver, placed 4th by the Judge, interfered with the chances of horse number 3, placed 13th (pulled up) by the Judge, as detailed below;
In that around the 1700m to race, “Onslow Hanover” (G D Smith) struck the wheel of “The Big Ticket.”(R T May) resulting in the tube coming adrift from the wheel of “The Big Ticket”. “The Big Ticket” was retired from the race as a result.
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 “Onslow Hanover” were represented at this hearing by Mr G D Smith, the driver, and Mr R T May, the driver of “The Big Ticket”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren submitted that their evidence rested solely with the evidence that would be given by Mr May (The Big Ticket). When questioned, Mr May stated that near the 1700m, after he had shifted out in front of Mr Smith (Onslow Hanover), he felt the wheel on his sulky touched or grazed. Mr May submitted that he believed it was Mr Smith’s horse that had touched his wheel but in his opinion thought that Mr Smith’s horse was not close enough to make contact with his sulky. Mr Smith submitted that the only time he may have got close to Mr May’s sulky was when Mr May shifted out in front of him 100m prior to this incident. Mr Smith believed he was always clear of Mr May’s sulky wheel and was trailing Mr May’s horse at least a head or neck further back than as would be normal in a race. He was astounded that contact may have been made with the wheel of Mr May’s sulky. Mr Ydgren showed video evidence from two angles which could not verify contact being made between “The Big Ticket” and “Onslow Hanover”.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The video evidence was inconclusive with both video angles showing no contact between “Onslow Hanover” and “The Big Ticket”. Mr May submitted that he thought Mr Smith’s horse had touched his wheel but also that Mr Smith’s horse did not get close enough to touch his wheel. Mr Smith gave evidence that the only time he believed he was close to Mr May’s wheel was when Mr May moved out in front of him 100m before the incident. He submitted he was always well back off the sulky of Mr May thereafter.
The Committee found the evidence presented inconclusive and believed that this situation could be described as a racing incident. We were not satisfied that the strike and subsequent puncture to “The Big Ticket” was caused by “Onslow Hanover” and therefore dismissed the protest.
Decision:
The protest was dismissed with placings as they crossed the line confirmed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)(b)
Informant: N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: G D Smith - Open Horseman, R T May - Open Horseman
Respondent: G D Smith - Open Horseman
StipendSteward:
raceid: febbe6c4e80ce73fcaefec8b025182b9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 66d52890e7ec00df19878a9e2d9f0eee
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/03/2012
meet_title: Reefton TC - 11 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Reefton TC