Banks Peninsula TC 30 September 2012 – R 10 (instigating a protest)
ID: JCA16512
Meet Title:
Banks Peninsula TC - 30 September 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/09/30
Race Number:
R4
Decision:
On resuming the hearing we advised the parties that full reasons would be given in our written decision (see above). We advised that we were satisfied Mr Dunn did have to take hold of his horse and did lose a little ground as a consequence. We explained that in order to uphold the protest we needed to be satisfied that “Black Ice” would have beaten “Low On Wine” [4th] had this incident not occurred. The evidence was evenly balanced and we were not so satisfied.
The protest was dismissed and there was a direction that dividends be paid according to the Judge’s original placings.
Facts:
Following the running of Race 10, the Wai-Eyre Farm Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren against the 3rd placing of “Roxy Bromac” (7) for allegedly causing interference to “Black Ice” (2) which finished 5th in the race.
The Judge’s placings in this race were as follows:
1st – Simple Saver (1)
2nd – Quick Turn (3)
3rd – Roxy Bromac (7)
4th – Low On Wine (8)
5th – Black Ice (2)
6th – Strawbs Fire Chip (5)
The Information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(8)(a) and (b) in that horse number (7) or its driver placed 3rd by the Judge interfered with the chances of horse number (2) placed 5th by the Judge – Interference near the 100m when “Roxy Bromac” shifted inwards and J. R. Dunn (Black Ice) had to check.”
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 “Black Ice” were represented at this hearing by driver Mr J. R. Dunn, and the connections of “Roxy Bromac” were represented by driver Miss J. J. A. Young and Trainer and part owner Mr P. D. Young.
Submissions for Decision:
Stipendiary Steward Mr N. M. Ydgren gave evidence that in the run home “Roxy Bromac” moved inwards taking the line of “Black Ice”, with the result that driver Mr Dunn had to take hold for a few strides. The margins at the finish were 1½ lengths between 3rd and 4th and a ½ length between 4th and 5th.
Stipendiary Steward Mr Quirk used video coverage to show this incident.
Mr Dunn gave evidence and confirmed that he ran out of room and had to take hold of his horse for a few strides. He said that he believed that he would have finished 4th but for this. Mr Dunn confirmed that there was no contact in this incident.
Miss Young gave evidence that any inconvenience to Mr Dunn was minimal, and that it did not affect the placings.
We adjourned to consider our decision.
Reasons for Decision:
After seeing the video coverage and hearing the evidence we were satisfied that Miss Young did move inwards slightly and cause some inconvenience to Mr Dunn who had to take hold for two or three strides. This incident occurred near the finish of the race, and we needed to determine whether or not “Black Ice” would have finished 4th or better but for the interference. As mentioned above this incident occurred near the end of the race, and the evidence was evenly balanced as to whether or not “Black Ice” would have finished in a better placing. For this reason 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: bdfac5275e4c8ba8b1e8768b4641cbda
informantnumber: A5556
horsename: Roxy Bromac
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 05/09/2012
hearing_title: Banks Peninsula TC 30 September 2012 - R 10 (instigating a protest)
charge:
facts:
Following the running of Race 10, the Wai-Eyre Farm Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren against the 3rd placing of “Roxy Bromac” (7) for allegedly causing interference to “Black Ice” (2) which finished 5th in the race.
The Judge’s placings in this race were as follows:
1st – Simple Saver (1)
2nd – Quick Turn (3)
3rd – Roxy Bromac (7)
4th – Low On Wine (8)
5th – Black Ice (2)
6th – Strawbs Fire Chip (5)
The Information reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(8)(a) and (b) in that horse number (7) or its driver placed 3rd by the Judge interfered with the chances of horse number (2) placed 5th by the Judge – Interference near the 100m when “Roxy Bromac” shifted inwards and J. R. Dunn (Black Ice) had to check.”
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 “Black Ice” were represented at this hearing by driver Mr J. R. Dunn, and the connections of “Roxy Bromac” were represented by driver Miss J. J. A. Young and Trainer and part owner Mr P. D. Young.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr N. M. Ydgren gave evidence that in the run home “Roxy Bromac” moved inwards taking the line of “Black Ice”, with the result that driver Mr Dunn had to take hold for a few strides. The margins at the finish were 1½ lengths between 3rd and 4th and a ½ length between 4th and 5th.
Stipendiary Steward Mr Quirk used video coverage to show this incident.
Mr Dunn gave evidence and confirmed that he ran out of room and had to take hold of his horse for a few strides. He said that he believed that he would have finished 4th but for this. Mr Dunn confirmed that there was no contact in this incident.
Miss Young gave evidence that any inconvenience to Mr Dunn was minimal, and that it did not affect the placings.
We adjourned to consider our decision.
reasonsfordecision:
After seeing the video coverage and hearing the evidence we were satisfied that Miss Young did move inwards slightly and cause some inconvenience to Mr Dunn who had to take hold for two or three strides. This incident occurred near the finish of the race, and we needed to determine whether or not “Black Ice” would have finished 4th or better but for the interference. As mentioned above this incident occurred near the end of the race, and the evidence was evenly balanced as to whether or not “Black Ice” would have finished in a better placing. For this reason we decided that this protest should be dismissed.
Decision:
On resuming the hearing we advised the parties that full reasons would be given in our written decision (see above). We advised that we were satisfied Mr Dunn did have to take hold of his horse and did lose a little ground as a consequence. We explained that in order to uphold the protest we needed to be satisfied that “Black Ice” would have beaten “Low On Wine” [4th] had this incident not occurred. The evidence was evenly balanced and we were not so satisfied.
The protest was dismissed and there was a direction that dividends be paid according to the Judge’s original placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr P. D. Young - Trainer of Roxy Bromac, Mr J. R. Dunn - Open Horseman, driver of "Black Ice"
Respondent: Miss J. J. A. Young - Junior Horsewoman
StipendSteward:
raceid: 73195b98d544de8031281a462f9be4ec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b75436784060ce2f62c9d4640e335cca
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/09/2012
meet_title: Banks Peninsula TC - 30 September 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC