Archive Decision

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Winton HRC 27 February 2013 – R 9 (instigating a protest)

ID: JCA16068

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mr A Armour - Driver of NOD D'NOR

Information Number:
5906

Hearing Type:
Protest

Rules:
869(b)

Meet Title:
Winton HRC - 27 February 2013

Meet Chair:
NSkelt

Meet Committee Member 1:
DSteel

Race Date:
2013/02/27

Race Number:
R 9

Decision:

The Committee upheld the protest resulting in the fourth placed horse NOD D’OR being from fourth placing to seventh placing.

The Official Judge' Placings now read:

1ST ELUSIVE EDGAR
2ND IDEAL TACT
3RD HIGHVIEW MACUSHLA
4TH GLIDING ROSE
 

Facts:

At the conclusion of race 9 The Beaudiene Breeding Mobile Pace a protest was lodged by Stipendiary Steward Mr C J Allison under rule 869(b) alleging that the fourth placed horse by the judge NOD D’OR (A Armour) paced roughly and broke briefly resulting in a check to HOMEFORABUBBLY (J Cox) near the 600 metre mark.

Rule 869(b) reads:

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:

(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.

Judges Placings:

1st ELUSIVE EDGAR (10) C Ferguson
2nd IDEAL TACT (12) B Barclay
3rd HIGHVIEW MACUSHLA (5) A Beck
4th NOD D’OR (11) A Armour
5th GLIDING ROSE (1) J Dunn

Submissions for Decision:

Stipendiary Steward Mr C Allison used the various video clips to demonstrate the alleged incident.

Mr Allison indicated that NOD D’OR was racing in the three wide line behind COURAGEOUS BOY (T Robertson).

NOD D’OR paced roughly for three or four strides and as a result HOMEFORABUBBLY (J Cox) who was racing immediately behind NOD D’OR had to take evasive action, being checked and losing 3 or 4 lengths through having to veer wider on the track.

Mr Allison stated that HOMEFORABUBBLY finished three point one length from the winner ELUSIVE EDGAR in seventh place.

Mr Cox stated that his horse did not contribute to the incident.

Mr Cox also stated that his horse lost between four or five lengths as a result of the incident.

Mr Cox continued to state that his horse peaked on its run 150 metres from the winning post, even though he had secured an inside passage down the home straight, saving ground.

Mr Armour (NOD D’OR) disputed the fact that his horse galloped, stating that his horse hit its knee and paced roughly for three or four strides.

Mr Armour said that the horses had “trailed up close” and that this was just one of those “tight things” in racing.

Mr Armour stated that he did not believe HOMEFORABUBBLY would have finished in front of his horse if the incident had not occurred.

Reasons for Decision:

The Committee was satisfied having viewed the video evidence that intereference had taken place and this was caused by the actions of NOD D’OR resulting in Mr Cox having to react, his horse losing considerable ground and momentum at a critical time in the race.

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: b7955a9b4b5e21ea359c9924c17fc9bd


informantnumber: 5906


horsename: NOD D'OR


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 19/02/2013


hearing_title: Winton HRC 27 February 2013 - R 9 (instigating a protest)


charge:


facts:

At the conclusion of race 9 The Beaudiene Breeding Mobile Pace a protest was lodged by Stipendiary Steward Mr C J Allison under rule 869(b) alleging that the fourth placed horse by the judge NOD D’OR (A Armour) paced roughly and broke briefly resulting in a check to HOMEFORABUBBLY (J Cox) near the 600 metre mark.

Rule 869(b) reads:

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:

(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.

Judges Placings:

1st ELUSIVE EDGAR (10) C Ferguson
2nd IDEAL TACT (12) B Barclay
3rd HIGHVIEW MACUSHLA (5) A Beck
4th NOD D’OR (11) A Armour
5th GLIDING ROSE (1) J Dunn


appealdecision:


isappeal:


submissionsfordecision:

Stipendiary Steward Mr C Allison used the various video clips to demonstrate the alleged incident.

Mr Allison indicated that NOD D’OR was racing in the three wide line behind COURAGEOUS BOY (T Robertson).

NOD D’OR paced roughly for three or four strides and as a result HOMEFORABUBBLY (J Cox) who was racing immediately behind NOD D’OR had to take evasive action, being checked and losing 3 or 4 lengths through having to veer wider on the track.

Mr Allison stated that HOMEFORABUBBLY finished three point one length from the winner ELUSIVE EDGAR in seventh place.

Mr Cox stated that his horse did not contribute to the incident.

Mr Cox also stated that his horse lost between four or five lengths as a result of the incident.

Mr Cox continued to state that his horse peaked on its run 150 metres from the winning post, even though he had secured an inside passage down the home straight, saving ground.

Mr Armour (NOD D’OR) disputed the fact that his horse galloped, stating that his horse hit its knee and paced roughly for three or four strides.

Mr Armour said that the horses had “trailed up close” and that this was just one of those “tight things” in racing.

Mr Armour stated that he did not believe HOMEFORABUBBLY would have finished in front of his horse if the incident had not occurred.


reasonsfordecision:

The Committee was satisfied having viewed the video evidence that intereference had taken place and this was caused by the actions of NOD D’OR resulting in Mr Cox having to react, his horse losing considerable ground and momentum at a critical time in the race.


Decision:

The Committee upheld the protest resulting in the fourth placed horse NOD D’OR being from fourth placing to seventh placing.

The Official Judge' Placings now read:

1ST ELUSIVE EDGAR
2ND IDEAL TACT
3RD HIGHVIEW MACUSHLA
4TH GLIDING ROSE
 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(b)


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Cox - Driver of HOMEFORABUBBLY, Mr R Quirk - Stipendiary Steward


Respondent: Mr A Armour - Driver of NOD D'NOR


StipendSteward:


raceid: c538b7b36731a75a42c52661781b9082


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3bf60a188ab57882fe5a537268817bad


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/02/2013


meet_title: Winton HRC - 27 February 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: DSteel


meet_pm2: none


name: Winton HRC