Manukau TC 22 July 2012 – R 2 (instigating a protest)
ID: JCA15719
Meet Title:
Manukau TC - 22 July 2012
Meet Chair:
GJones
Meet Committee Member 1:
JHolloway
Race Date:
2012/07/22
Race Number:
R 2
Decision:
The protest is dismissed and there is no alteration to the judge’s placings. Bell De Jour remains placed 4th and Smart Major remains placed 6th.
In accordance with its decision the Committee authorised payment of dividends.
Facts:
This is a contested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race two. The basis of the protest is that in the home straight horse number 1, Bell De Jour (Mr M Howard), impeded the progress of horse number 7, Smart Major (Mr McKendry). Bell De Jour was provisionally placed 4th and Smart Major was provisionally placed 6th. The official margins were Nk, 1 ½ L, Hd.
Rule 869 provides that:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and or any other horse or its progress.
(4A) No horse shall during any race do anything which interferes or is likely to interfere with his own horse and or any other horse or its progress.
(8) 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.
Submissions for Decision:
Mr Muirhead demonstrated the incident by way of video footage. He told the Judicial Committee (the “Committee”) that as the field approached the final 150 metres in the home straight Bell De Jour (M Howard) ran inwards and impeded the progress of Smart Major (M McKendry). He said that as a result Mr McKendry had to take hold of, and restrain Smart Major for approximately 100 metres.
Mr Muirhead said that Bell De Jour finished 1.9 L behind the winner and Smart Major finished 3.7 L behind the winner, a difference of 1.8 L between 4th and 6th placings.
Mr Muirhead said that the incident was complicated by the fact that the second placed horse, number 5 Liukin (D Butcher) shifted outwards at the same time, but in his view this had little impact on the incident.
Mr McKendry submitted that he initially got tightened by the horse of his inside, horse number 6, The Reid Runner (S Reid). He said that his horse was impeded as a result of the combined actions of The Reid Runner shifting outwards and Bell De Jour shifting inwards. Mr McKendry also said that the Reid Runners sulky wheel came inside his sulky wheel and in his view this was a direct result of Liukin shifting outwards.
Mr McKendry estimated that the interference cost him between ½ and 2 lengths because he was unable to drive Smart Major out. Mr McKendry further submitted that his drive may not have won the race, but may have finished in the first four, but for the interference.
Mr Howard submitted that Bell De Jour did momentarily run inward but the horses on his inside also ran out. He further submitted that he maintained a straight line to the winning post and all of the outward movement by other horses were a result of Liukin shifting out.
In summing up Mr Muirhead submitted that the stewards contend that Mr Howard’s horse caused the interference and the outward movement of Liukin was not a factor.
In summing up Mr Howard submitted that he disagreed with the stewards' assessment. He acknowledged that his horse did hang in slightly, but maintained a straight line to the post and the other horses caused the interference.
Reasons for Decision:
The Committee carefully considered the submissions of all parties. The Committee's assessment of the incident is that there was a lot of movement by a number of horses over the concluding stages of the race. In our assessment, Liukin was racing greenly and did shift out. The Reid Runner was tightened and did move outward and Bell De Jour did move slightly inward. As a result Smart Major was tightened and could not be fully driven out.
The Committee took particular note of Mr McKendry's submission that his horse was tightened as a result of both the inward and outward pressure.
The Committee viewed the video several times and noted that Bell De Jour, once balanced, did maintain a straight line to the winning post.
The Committee concludes that Smart Major was impeded and that the interference cannot be solely attributed to the actions of either Mr Howard or Bell De Jour. On that basis the protest is dismissed and the judges placings stand.
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: c7a2f5a248606fea7bde8877d55afadb
informantnumber: 2305
horsename: BELL DE JOUR
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/07/2012
hearing_title: Manukau TC 22 July 2012 - R 2 (instigating a protest)
charge:
facts:
This is a contested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race two. The basis of the protest is that in the home straight horse number 1, Bell De Jour (Mr M Howard), impeded the progress of horse number 7, Smart Major (Mr McKendry). Bell De Jour was provisionally placed 4th and Smart Major was provisionally placed 6th. The official margins were Nk, 1 ½ L, Hd.
Rule 869 provides that:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and or any other horse or its progress.
(4A) No horse shall during any race do anything which interferes or is likely to interfere with his own horse and or any other horse or its progress.
(8) 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by way of video footage. He told the Judicial Committee (the “Committee”) that as the field approached the final 150 metres in the home straight Bell De Jour (M Howard) ran inwards and impeded the progress of Smart Major (M McKendry). He said that as a result Mr McKendry had to take hold of, and restrain Smart Major for approximately 100 metres.
Mr Muirhead said that Bell De Jour finished 1.9 L behind the winner and Smart Major finished 3.7 L behind the winner, a difference of 1.8 L between 4th and 6th placings.
Mr Muirhead said that the incident was complicated by the fact that the second placed horse, number 5 Liukin (D Butcher) shifted outwards at the same time, but in his view this had little impact on the incident.
Mr McKendry submitted that he initially got tightened by the horse of his inside, horse number 6, The Reid Runner (S Reid). He said that his horse was impeded as a result of the combined actions of The Reid Runner shifting outwards and Bell De Jour shifting inwards. Mr McKendry also said that the Reid Runners sulky wheel came inside his sulky wheel and in his view this was a direct result of Liukin shifting outwards.
Mr McKendry estimated that the interference cost him between ½ and 2 lengths because he was unable to drive Smart Major out. Mr McKendry further submitted that his drive may not have won the race, but may have finished in the first four, but for the interference.
Mr Howard submitted that Bell De Jour did momentarily run inward but the horses on his inside also ran out. He further submitted that he maintained a straight line to the winning post and all of the outward movement by other horses were a result of Liukin shifting out.
In summing up Mr Muirhead submitted that the stewards contend that Mr Howard’s horse caused the interference and the outward movement of Liukin was not a factor.
In summing up Mr Howard submitted that he disagreed with the stewards' assessment. He acknowledged that his horse did hang in slightly, but maintained a straight line to the post and the other horses caused the interference.
reasonsfordecision:
The Committee carefully considered the submissions of all parties. The Committee's assessment of the incident is that there was a lot of movement by a number of horses over the concluding stages of the race. In our assessment, Liukin was racing greenly and did shift out. The Reid Runner was tightened and did move outward and Bell De Jour did move slightly inward. As a result Smart Major was tightened and could not be fully driven out.
The Committee took particular note of Mr McKendry's submission that his horse was tightened as a result of both the inward and outward pressure.
The Committee viewed the video several times and noted that Bell De Jour, once balanced, did maintain a straight line to the winning post.
The Committee concludes that Smart Major was impeded and that the interference cannot be solely attributed to the actions of either Mr Howard or Bell De Jour. On that basis the protest is dismissed and the judges placings stand.
Decision:
The protest is dismissed and there is no alteration to the judge’s placings. Bell De Jour remains placed 4th and Smart Major remains placed 6th.
In accordance with its decision the Committee authorised payment of dividends.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4),(4A) and 8(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr M Howard - Senior Horseman, driver and owner of BELL DE JOUR
StipendSteward:
raceid: 2bfbf1b0ba9f688754987f1aab10f40d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a25cd8f88a495d2b86f3eceea9e9cf17
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/07/2012
meet_title: Manukau TC - 22 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: JHolloway
meet_pm2: none
name: Manukau TC