Geraldine TC 1 February 2014 – R 3 (instigating a protest)
ID: JCA15519
Meet Title:
Geraldine TC - 1 February 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/02/01
Race Number:
R 3
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 3, the Village Inn TAB & Sports Bar Mobile Pace, an Information instigating a protest was filed by Open Horsewoman Miss T Healy, alleging interference by DON’T CALL ME SUE (1), driven by Mr CD Thornley, who finished in 2nd place, to GARIBALDI (10), driven by Miss T Healey.
The Judge's placings in this race were as follows:
1st BLYTHEBURN (11)
2nd DON’T CALL ME SUE (1)
3rd HIGHVIEW ARIA (3)
4th SHAMROCKS BOY (5)
5th CHEYENNE WARRIOR (2)
6th HOUDINI (4)
The Information reads as follows:
“That horse number 1, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 10 placed 9th by the Judge as detailed below;
“DON’T CALL ME SUE (CD Thornley) broke shortly after the start inconveniencing GARIBALDI.”
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 DON’T CALL ME SUE were represented at this hearing by Open Horseman, Mr CD Thornley with Miss T Healy representing the connections of GARIBALDI.
Submissions for Decision:
Miss Healy gave evidence and showed the relevant films of the incident which occurred shortly after the mobile start was declared. She pointed out DON’T CALL ME SUE, who drew 1 off the barrier arm, break shortly after the start was declared. GARABALDI, who drew 1 on the second line, directly behind DON’T CALL ME SUE, suffered interference as a result and Miss Healy submitted that this interference had affected her progress and chances.
Mr Thornley stated that GARABALDI had been slightly affected but that there was plenty of room on his outer for Miss Healey to improve past. He also stated that DON’T CALL ME SUE lost considerable ground after breaking and eventually settled at the back of the field. He said that DON’T CALL ME SUE improved throughout the race and ran on well to finish in 2nd place. He also said that after the incident at the start GARABALDI had ended up in a better position over the early stages and eventually ended up in the one-one position down the back straight. He submitted that GARABALDI was not unduly affected by DON’T CALL ME SUE breaking shortly after the start.
Mr Wallis, as Chairman of Stewards for the meeting, was asked to give his interpretation of the incident. He stated that in his opinion GARABALDI was at best inconvenienced in this incident and had possibly finished up in a better position during the race, than if DON’T CALL ME SUE had started cleanly and not broken.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that DON’T CALL ME SUE had broken shortly after the start. We were also satisfied that GARABALDI who drew directly behind DON’T CALL ME SUE was slightly affected to some extent by the breaking DON’T CALL ME SUE. The Committee determined that GARABALDI was only inconvenienced in this incident and had possibly been advantaged by receiving a better run over the early stages by DON’T CALL ME SUE breaking.
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: ace2c2bd0b7c80e3022108e8f6454e85
informantnumber: A2446
horsename: DON'T CALL ME SUE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/01/2014
hearing_title: Geraldine TC 1 February 2014 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3, the Village Inn TAB & Sports Bar Mobile Pace, an Information instigating a protest was filed by Open Horsewoman Miss T Healy, alleging interference by DON’T CALL ME SUE (1), driven by Mr CD Thornley, who finished in 2nd place, to GARIBALDI (10), driven by Miss T Healey.
The Judge's placings in this race were as follows:
1st BLYTHEBURN (11)
2nd DON’T CALL ME SUE (1)
3rd HIGHVIEW ARIA (3)
4th SHAMROCKS BOY (5)
5th CHEYENNE WARRIOR (2)
6th HOUDINI (4)
The Information reads as follows:
“That horse number 1, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 10 placed 9th by the Judge as detailed below;
“DON’T CALL ME SUE (CD Thornley) broke shortly after the start inconveniencing GARIBALDI.”
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 DON’T CALL ME SUE were represented at this hearing by Open Horseman, Mr CD Thornley with Miss T Healy representing the connections of GARIBALDI.
appealdecision:
isappeal:
submissionsfordecision:
Miss Healy gave evidence and showed the relevant films of the incident which occurred shortly after the mobile start was declared. She pointed out DON’T CALL ME SUE, who drew 1 off the barrier arm, break shortly after the start was declared. GARABALDI, who drew 1 on the second line, directly behind DON’T CALL ME SUE, suffered interference as a result and Miss Healy submitted that this interference had affected her progress and chances.
Mr Thornley stated that GARABALDI had been slightly affected but that there was plenty of room on his outer for Miss Healey to improve past. He also stated that DON’T CALL ME SUE lost considerable ground after breaking and eventually settled at the back of the field. He said that DON’T CALL ME SUE improved throughout the race and ran on well to finish in 2nd place. He also said that after the incident at the start GARABALDI had ended up in a better position over the early stages and eventually ended up in the one-one position down the back straight. He submitted that GARABALDI was not unduly affected by DON’T CALL ME SUE breaking shortly after the start.
Mr Wallis, as Chairman of Stewards for the meeting, was asked to give his interpretation of the incident. He stated that in his opinion GARABALDI was at best inconvenienced in this incident and had possibly finished up in a better position during the race, than if DON’T CALL ME SUE had started cleanly and not broken.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that DON’T CALL ME SUE had broken shortly after the start. We were also satisfied that GARABALDI who drew directly behind DON’T CALL ME SUE was slightly affected to some extent by the breaking DON’T CALL ME SUE. The Committee determined that GARABALDI was only inconvenienced in this incident and had possibly been advantaged by receiving a better run over the early stages by DON’T CALL ME SUE breaking.
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: Miss T Healy - Open Horsewoman
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Wallis - Stipendiary Steward
Respondent: Mr C D Thornley - Open Horseman
StipendSteward:
raceid: 61ad930bb58fc01c6e4f335e5ec9316d
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: 9e5a723a311ab0bb186b211d179bfaf0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/02/2014
meet_title: Geraldine TC - 1 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Geraldine TC