Archive Decision

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Oamaru HRC 9 January 2014 – R 2 (instigating a protest)

ID: JCA16305

Applicant:
Mr N McIntyre - Co-Chief Stipendiary Steward

Respondent(s):
Mr T McMillan - Trainer/driver of DESERT BLUE

Information Number:
A1580

Hearing Type:
Protest

Rules:
869(8)(a) AND (b)

Meet Title:
Oamaru HRC - 9 January 2014

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Meet Committee Member 2:
DJackson

Race Date:
2014/01/09

Race Number:
R 2

Decision:

Amended placings are:

1ST - 3 GORILLA PLAYBOY
2ND - 11 KIWI KEX
3RD - 7 SUNNIVUE SADONA
4TH - 2 JILLY TROUBLE
5TH - 4 LITTLE MISS

Stakes and dividends are to be paid accordingly.

Facts:

At the conclusion of Race 2, the PGG Wrightson Standardbred Trot, an information was lodged by Mr McIntyre under 869(8)(a) and (b) alleging DESERT BLUE shifted outwards and checked VERUCA which galloped and lost considerable ground.

Judge’s placings were:

1ST - 3 GORILLA PLAYBOY
2ND - 6 DESERT BLUE
3RD - 11 KIWI KEX
4TH - 7 SUNNIVUE SADONA
5TH - 2 JILLY TROUBLE

Rule 869(8) states:
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 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 McIntyre demonstrated on 2 video angles that on leaving the home straight for the first time DESERT BLUE shied at the winning post and shifted wider on the track. Despite Mr McMillan’s efforts to straighten the horse, as DESERT BLUE rounded the bend it moved even wider on the track and came into contact with VERUCA, which broke and lost ground. That horse continued in a gallop and lost all chance, finishing near the rear the field.

Mr McMillan, the trainer/driver of DESERT BLUE indicated that he did not contest the protest.

Reasons for Decision:

In exercising our discretion and relegating DESERT BLUE, we are satisfied that VERUCA galloped as a result of interference from DESERT BLUE and that VERUCA lost its chance of finishing in a dividend bearing position in the race as a consequence.

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: d6f6364f6419bfc13817d92fb761420a


informantnumber: A1580


horsename: DESERT BLUE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 06/01/2014


hearing_title: Oamaru HRC 9 January 2014 - R 2 (instigating a protest)


charge:


facts:

At the conclusion of Race 2, the PGG Wrightson Standardbred Trot, an information was lodged by Mr McIntyre under 869(8)(a) and (b) alleging DESERT BLUE shifted outwards and checked VERUCA which galloped and lost considerable ground.

Judge’s placings were:

1ST - 3 GORILLA PLAYBOY
2ND - 6 DESERT BLUE
3RD - 11 KIWI KEX
4TH - 7 SUNNIVUE SADONA
5TH - 2 JILLY TROUBLE

Rule 869(8) states:
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 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 McIntyre demonstrated on 2 video angles that on leaving the home straight for the first time DESERT BLUE shied at the winning post and shifted wider on the track. Despite Mr McMillan’s efforts to straighten the horse, as DESERT BLUE rounded the bend it moved even wider on the track and came into contact with VERUCA, which broke and lost ground. That horse continued in a gallop and lost all chance, finishing near the rear the field.

Mr McMillan, the trainer/driver of DESERT BLUE indicated that he did not contest the protest.


reasonsfordecision:

In exercising our discretion and relegating DESERT BLUE, we are satisfied that VERUCA galloped as a result of interference from DESERT BLUE and that VERUCA lost its chance of finishing in a dividend bearing position in the race as a consequence.


Decision:

Amended placings are:

1ST - 3 GORILLA PLAYBOY
2ND - 11 KIWI KEX
3RD - 7 SUNNIVUE SADONA
4TH - 2 JILLY TROUBLE
5TH - 4 LITTLE MISS

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)(a) AND (b)


Informant: Mr N McIntyre - Co-Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr T McMillan - Trainer/driver of DESERT BLUE


StipendSteward:


raceid: b3642008fa5ab64251276d7b67ecfb81


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: 47245137cb3f0705a69718a7a34a2e81


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/01/2014


meet_title: Oamaru HRC - 9 January 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: DJackson


name: Oamaru HRC