Northern Southland TC 9 January 2020 – R 8 (instigating a protest) – Chair, Prof G Hall
ID: JCA15743
Meet Title:
Northern Southland TC - 9 January 2020
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2020/01/09
Race Number:
R 8
Decision:
Amended placings are:
1st - 3 -VINTAGE ROSE
2nd - 9-JACKS N JAZZ
3rd - 10-I’M JIMMY JAMES
4th - 8 -MYRCELLA
5th - 5 BUNTER’S DREAM
Stakes and dividends are to be paid accordingly.
Facts:
Mr Ydgren alleged that in Race 8 LOVE THE BLUES on the final bend raced inside the marker line for a short distance gaining an advantage.
Mr Ydgren sought disqualification of LOVE THE BLUES pursuant to r 869(7B).
Judges placings were:
1st - 1 LOVE THE BLUES
2nd - 3 VINTAGE ROSE
3rd - 9-JACKS N JAZZ
4th - 10-I’M JIMMY JAMES
5th - 8 -MYRCELLA
Rule 869(7B) provides: “Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.”
The margin between 1st and 2nd was a nose.
Submissions for Decision:
Mr Ydgren demonstrated on the videos that LOVE THE BLUES briefly went inside a marker peg at the top of the straight. He said LOVE THE BLUES had been held up by OLIVE COOK and that while LOVE THE BLUES had gone inside the peg only for a short distance, the Stewards were of the view this was in breach of r 869(7B) in that LOVE THE BLUES had obtained an advantage in so doing.
Mr Ydgren demonstrated on the back straight video that LOVE THE BLUES had been able to improve its position on OLIVE COOK when going inside the peg. LOVE THE BLUES had been able to enter the passing lane earlier than it should. He said although it was only a short distance, the margin was a nose. Had Mr Swain waited (as required by the Rules), it was questionable whether LOVE THE BLUES would have made up the necessary ground to win the race.
Mr Swain said LOVE THE BLUES was on the bit and was starting to pull. He said he had had to clear the wheel of OLIVE COOK and, that if he had not gone down, he would have hit it. While OLIVE COOK did not force him down, he had gone down for safety reasons.
We questioned Mr Swain directly as to whether he had suffered interference. He said his horse was keen, and OLIVE COOK was tiring and coming back on to him. He said he was following the inside wheel of OLIVE COOK’s cart at the time. He acknowledged OLIVE COOK had shifted outwards slightly on the bend and he had not suffered interference from that horse.
Mr Swain questioned why the Rule did not provide that safety was a reason to allow a horse to shift inside the markers.
We questioned Mr Swain whether he had had the option of taking hold of LOVE THE BLUES. He agreed he had but said he did not want to do so at that stage of the race. LOVE THE BLUES was on the bit and travelling well. OLIVE COOK had drifted off a bit and he had ducked inside to avoid the wheel.
Mr Swain emphasised it was only one marker and he was only 3 or 4 inches inside it for a brief time. He did not think he had gained an advantage. He pointed out LOVE THE BLUES had not run true up the straight and believed the Committee should give the horse the benefit of the doubt.
Mr Ydgren commented that he could understand what Mr Swain was saying. OLIVE COOK had shifted out slightly and Mr Swain was half invited to take the inside run. He reiterated however, the Stewards’ view was that LOVE THE BLUES had gained a small advantage by shifting in and going inside the pylon.
Mr Swain replied it was just one pylon and it was only a matter of inches.
Reasons for Decision:
After viewing the videos from the various angles, the Committee is satisfied that LOVE THE BLUES has obtained an advantage by shifting briefly inside the marker peg at the top of the passing lane and getting a run in the lane a stride or two earlier than had the horse not done so. OLIVE COOK was tiring and coming back on to LOVE THE BLUES. The back straight video when synchronised with the side-on angle clearly evidences that LOVE THE BLUES made ground on OLIVE COOK when shifting inside the pylon.
It is evident that LOVE THE BLUES was racing keenly. OLIVE COOK was tiring and was shifting outwards on the turn. In so doing, a run began to present itself to Mr Swain to the inside of that horse. However, OLIVE COOK had not shifted out more than half a cart and it was not a full gap. Mr Swain did not suffer interference from OLIVE COOK and his obligation under the Rules was to remain outside the pylons and to restrain LOVE THE BLUES if necessary. In so doing, he would undoubtedly have lost some momentum. The advantage LOVE THE BLUES obtained was not great, but neither was the margin between 1st and 2nd. It was only a nose.
The key issue is that LOVE THE BLUES got a passing lane run to the inside of OLIVE COOK earlier than the horse was entitled to under the Rules. Section 869(7B), as amended in August 2015, is mandatory in its terms. Once we are satisfied that a horse has obtained an advantage it must be disqualified. There is no discretion vested in the Committee. In addition, there is no power to order relegation despite the fact that it is evident to us from the videos and the margins that LOVE THE BLUES would have eventually got the passing lane run and finished ahead of all the horses in the field other than VINTAGE ROSE.
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: ca89175a90aeca709185a42299e9f074
informantnumber: A12873
horsename: LOVE THE BLUES
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 11/01/2020
hearing_title: Northern Southland TC 9 January 2020 - R 8 (instigating a protest) - Chair, Prof G Hall
charge:
facts:
Mr Ydgren alleged that in Race 8 LOVE THE BLUES on the final bend raced inside the marker line for a short distance gaining an advantage.
Mr Ydgren sought disqualification of LOVE THE BLUES pursuant to r 869(7B).
Judges placings were:
1st - 1 LOVE THE BLUES
2nd - 3 VINTAGE ROSE
3rd - 9-JACKS N JAZZ
4th - 10-I’M JIMMY JAMES
5th - 8 -MYRCELLA
Rule 869(7B) provides: “Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.”
The margin between 1st and 2nd was a nose.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren demonstrated on the videos that LOVE THE BLUES briefly went inside a marker peg at the top of the straight. He said LOVE THE BLUES had been held up by OLIVE COOK and that while LOVE THE BLUES had gone inside the peg only for a short distance, the Stewards were of the view this was in breach of r 869(7B) in that LOVE THE BLUES had obtained an advantage in so doing.
Mr Ydgren demonstrated on the back straight video that LOVE THE BLUES had been able to improve its position on OLIVE COOK when going inside the peg. LOVE THE BLUES had been able to enter the passing lane earlier than it should. He said although it was only a short distance, the margin was a nose. Had Mr Swain waited (as required by the Rules), it was questionable whether LOVE THE BLUES would have made up the necessary ground to win the race.
Mr Swain said LOVE THE BLUES was on the bit and was starting to pull. He said he had had to clear the wheel of OLIVE COOK and, that if he had not gone down, he would have hit it. While OLIVE COOK did not force him down, he had gone down for safety reasons.
We questioned Mr Swain directly as to whether he had suffered interference. He said his horse was keen, and OLIVE COOK was tiring and coming back on to him. He said he was following the inside wheel of OLIVE COOK’s cart at the time. He acknowledged OLIVE COOK had shifted outwards slightly on the bend and he had not suffered interference from that horse.
Mr Swain questioned why the Rule did not provide that safety was a reason to allow a horse to shift inside the markers.
We questioned Mr Swain whether he had had the option of taking hold of LOVE THE BLUES. He agreed he had but said he did not want to do so at that stage of the race. LOVE THE BLUES was on the bit and travelling well. OLIVE COOK had drifted off a bit and he had ducked inside to avoid the wheel.
Mr Swain emphasised it was only one marker and he was only 3 or 4 inches inside it for a brief time. He did not think he had gained an advantage. He pointed out LOVE THE BLUES had not run true up the straight and believed the Committee should give the horse the benefit of the doubt.
Mr Ydgren commented that he could understand what Mr Swain was saying. OLIVE COOK had shifted out slightly and Mr Swain was half invited to take the inside run. He reiterated however, the Stewards’ view was that LOVE THE BLUES had gained a small advantage by shifting in and going inside the pylon.
Mr Swain replied it was just one pylon and it was only a matter of inches.
reasonsfordecision:
After viewing the videos from the various angles, the Committee is satisfied that LOVE THE BLUES has obtained an advantage by shifting briefly inside the marker peg at the top of the passing lane and getting a run in the lane a stride or two earlier than had the horse not done so. OLIVE COOK was tiring and coming back on to LOVE THE BLUES. The back straight video when synchronised with the side-on angle clearly evidences that LOVE THE BLUES made ground on OLIVE COOK when shifting inside the pylon.
It is evident that LOVE THE BLUES was racing keenly. OLIVE COOK was tiring and was shifting outwards on the turn. In so doing, a run began to present itself to Mr Swain to the inside of that horse. However, OLIVE COOK had not shifted out more than half a cart and it was not a full gap. Mr Swain did not suffer interference from OLIVE COOK and his obligation under the Rules was to remain outside the pylons and to restrain LOVE THE BLUES if necessary. In so doing, he would undoubtedly have lost some momentum. The advantage LOVE THE BLUES obtained was not great, but neither was the margin between 1st and 2nd. It was only a nose.
The key issue is that LOVE THE BLUES got a passing lane run to the inside of OLIVE COOK earlier than the horse was entitled to under the Rules. Section 869(7B), as amended in August 2015, is mandatory in its terms. Once we are satisfied that a horse has obtained an advantage it must be disqualified. There is no discretion vested in the Committee. In addition, there is no power to order relegation despite the fact that it is evident to us from the videos and the margins that LOVE THE BLUES would have eventually got the passing lane run and finished ahead of all the horses in the field other than VINTAGE ROSE.
Decision:
Amended placings are:
1st - 3 -VINTAGE ROSE
2nd - 9-JACKS N JAZZ
3rd - 10-I’M JIMMY JAMES
4th - 8 -MYRCELLA
5th - 5 BUNTER’S DREAM
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7B)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 06a92a235030843d1e2739d8279a6eaf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4cfa4fec824819f8e10bb4fe62720544
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/01/2020
meet_title: Northern Southland TC - 9 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: northern-southland-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Northern Southland TC