Kaikoura TC 31 October 2011 – R 6 (instigating a protest)
ID: JCA16655
Meet Title:
Kaikoura TC - 31 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/31
Race Number:
R6
Decision:
The protest was upheld and OUR BOY SU was relegated to 2nd placing. Consequent upon the relegation, the amended result for the race is as follows:
1st 5 Statesman
2nd 12 Our Boy Su
3rd 10 Malak Uswaad
4th 13 River Black
5th 9 Matt Maguire
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 6, PGG Wrightson Sales Series Aged Handicap Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against OUR BOY SU (D J Butcher), placed 1st by the judge, on the ground that it interfered with the chances of STATESMAN (A G Herlihy), placed 2nd by the judge, in that “in the run home OUR BOY SU shifted down the track causing tightening to STATESMAN”. The margin between 1st and 2nd was a neck.
Mr Butcher was present at the hearing of the information and he indicated that he was representing the connections of OUR BOY SU.
Rule 869 provides as follows:
(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 McIntyre said that it appeared that, over the concluding stages, STATESMAN had been tightened.
Mr Herlihy said that from the top of the straight he had moved out to get outside of MALAK USWAAD (R T May) and had maintained a straight line to the finishing line and, approximately 50 metres from the line, he was impeded by the horse outside him, OUR BOY SU, which had pushed him inside the wheel of Mr May’s sulky. Mr Herlihy said that he was outside of Mr May’s sulky before this happened. He had picked himself up and had got up to run 2nd. He had run in behind the wheel of MALAK ASWAAD and locked wheels. He had lifted the wheel off Mr May’s stay. His momentum had been stopped, he said.
In answer to a question from Mr McIntyre, Mr Herlihy confirmed that Mr Butcher had been behind him initially.
Mr McIntyre showed side-on and head-on video replays of the final 200 metres of the race. He alleged that the sulkies of STATESMAN and MALAK ASWAAD had locked stays and he demonstrated this on the head-on video. Mr Herlihy had then managed to free it. The margin between the two horses at the finish was a neck.
Mr Butcher said that when the two horses had “bumped”, he was in front of Mr Herlihy. Mr Herlihy had come out to meet him, he said. He had bumped Mr Herlihy and come straight off. He submitted that the video was inconclusive. It could not be seen how much he had moved, Mr Butcher submitted. He further denied that Mr Herlihy had locked wheels with Mr May. Mr May had also drifted out slightly and contributed, Mr Butcher suggested.
Mr Butcher suggested that STATESMAN had run away from OUR BOY SU. Mr Herlihy said that the only reason that his horse had run in a fraction was that OUR BOY SU was pressuring it at that stage.
Reasons for Decision:
The Committee was satisfied that OUR BOY SU had shifted inwards inside the final 100 metres and had tightened STATESMAN which was established outside of MALAK USWAAD at that point. It appeared to the Committee that Mr Herlihy’s momentum was slowed and the locking of stays or wheels with MALAK USWAAD would clearly have affected his progress. The Committee did not believe that MALAK USWAAD had contributed to the tightening of STATESMAN in any way.
The Committee was satisfied that OUR BOY SU had caused interference to STATESMAN at a vital stage of the race, with approximately 50 metres to run, when the latter was just mounting its challenge and looking likely to win the race. The neck margin between the two horses at the line was a material factor in the Committee’s decision. The Committee was satisfied that the chances or progress of STATESMAN had been affected by the interference from OUR BOY SU.
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: d14f78cecf4c6f2c00e752a990148531
informantnumber: A1008
horsename: OUR BOY SU
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/10/2011
hearing_title: Kaikoura TC 31 October 2011 - R 6 (instigating a protest)
charge:
facts:
Following the running of Race 6, PGG Wrightson Sales Series Aged Handicap Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against OUR BOY SU (D J Butcher), placed 1st by the judge, on the ground that it interfered with the chances of STATESMAN (A G Herlihy), placed 2nd by the judge, in that “in the run home OUR BOY SU shifted down the track causing tightening to STATESMAN”. The margin between 1st and 2nd was a neck.
Mr Butcher was present at the hearing of the information and he indicated that he was representing the connections of OUR BOY SU.
Rule 869 provides as follows:
(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 McIntyre said that it appeared that, over the concluding stages, STATESMAN had been tightened.
Mr Herlihy said that from the top of the straight he had moved out to get outside of MALAK USWAAD (R T May) and had maintained a straight line to the finishing line and, approximately 50 metres from the line, he was impeded by the horse outside him, OUR BOY SU, which had pushed him inside the wheel of Mr May’s sulky. Mr Herlihy said that he was outside of Mr May’s sulky before this happened. He had picked himself up and had got up to run 2nd. He had run in behind the wheel of MALAK ASWAAD and locked wheels. He had lifted the wheel off Mr May’s stay. His momentum had been stopped, he said.
In answer to a question from Mr McIntyre, Mr Herlihy confirmed that Mr Butcher had been behind him initially.
Mr McIntyre showed side-on and head-on video replays of the final 200 metres of the race. He alleged that the sulkies of STATESMAN and MALAK ASWAAD had locked stays and he demonstrated this on the head-on video. Mr Herlihy had then managed to free it. The margin between the two horses at the finish was a neck.
Mr Butcher said that when the two horses had “bumped”, he was in front of Mr Herlihy. Mr Herlihy had come out to meet him, he said. He had bumped Mr Herlihy and come straight off. He submitted that the video was inconclusive. It could not be seen how much he had moved, Mr Butcher submitted. He further denied that Mr Herlihy had locked wheels with Mr May. Mr May had also drifted out slightly and contributed, Mr Butcher suggested.
Mr Butcher suggested that STATESMAN had run away from OUR BOY SU. Mr Herlihy said that the only reason that his horse had run in a fraction was that OUR BOY SU was pressuring it at that stage.
reasonsfordecision:
The Committee was satisfied that OUR BOY SU had shifted inwards inside the final 100 metres and had tightened STATESMAN which was established outside of MALAK USWAAD at that point. It appeared to the Committee that Mr Herlihy’s momentum was slowed and the locking of stays or wheels with MALAK USWAAD would clearly have affected his progress. The Committee did not believe that MALAK USWAAD had contributed to the tightening of STATESMAN in any way.
The Committee was satisfied that OUR BOY SU had caused interference to STATESMAN at a vital stage of the race, with approximately 50 metres to run, when the latter was just mounting its challenge and looking likely to win the race. The neck margin between the two horses at the line was a material factor in the Committee’s decision. The Committee was satisfied that the chances or progress of STATESMAN had been affected by the interference from OUR BOY SU.
Decision:
The protest was upheld and OUR BOY SU was relegated to 2nd placing. Consequent upon the relegation, the amended result for the race is as follows:
1st 5 Statesman
2nd 12 Our Boy Su
3rd 10 Malak Uswaad
4th 13 River Black
5th 9 Matt Maguire
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)&(b)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: A G Herlihy, Licensed Open Horseman
Respondent: D J Butcher, Licensed Open Horseman
StipendSteward:
raceid: ae75269065a76684b01c6a4d15f88f35
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7f7c642d11f706d089c2c7f9aed52287
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/10/2011
meet_title: Kaikoura TC - 31 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Kaikoura TC