Northern Southland TC 13 January 2011 – R 8 (instigating a protest)
ID: JCA17228
Meet Title:
Northern Southland TC - 13 January 2011
Meet Chair:
NSkelt
Meet Committee Member 1:
ADennis
Race Date:
2011/01/13
Race Number:
R 8
Decision:
In dismissing the protest the committee however was of the opinion that the distance between the second and third placed horses (1 ¾ lengths) was significant. The evidence given by Mr Dunn and Mr Allison was crucial.
Mr Dunn could not confirm that his horse would have finished second and Mr Allison’s comments left the committee with enough doubt to dismiss the protest.
Facts:
At the conclusion of Race 8 The Kina Craig Stud Northern Southland Cup Special Handicap Pace a protest was lodged by Stipendiary Steward Mrs K Williams alleging that Vi Et Animo (B R Shirley) placed second by the judge interfered to Beaudine Bad Babe (D Dunn) who was placed third by the judge under rule 869(8) and the passing lane regulations.
The official judges placings read:
1st - 10 Stunin Cullen (Mr A Butt)
2nd - 8 Vi Et Animo (Mr B Shirley)
3rd - 9 Beaudine Bad Babe (Mr D Dunn)
4th – 3 Texas Hold Em (Mr T Williams)
Margins:
1st-2nd 1 length
2nd-3rd 1 ¾ lengths
Submissions for Decision:
At the outset of the hearing the Chairman clarified the roles of individuals who were present.
Mr Shirley and Mr McCulloch were representing Vi Et Animo. When questioned by the Chair Ms Thomas stated that she was assisting Mr G McCulloch owner of Vi Et Animo.
Mr A Butt the driver of Stunin Cullen was representing the owners of that horse.
Mr M Brown the trainer of Beaudine Bad Babe and Mr D Dunn the driver of Beaudine Bad Babe represented the connections of this horse.
It should be noted there was no objection by any parties who were present in the room to any individuals presence and there was no request for any further representation from any of the parties involved.
Mrs Williams gave evidence of her observations of the incident and showed and gave her interpretation of the video films. She stated that she believed that Mr Shirley had clearly taken the line of Beaudine Bad Babe and had affected its chances.
Mrs Williams then invited Mr Butt to comment on the last stages of the race. Mr Butt said that from his point of view he was not aware of any problems and that there was clear distance between the wheels of his horse and Vi Et Animo.
He stated that in his opinion the gap between the wheels was maintained and that he did not put any downward pressure on Vi Et Animo he concluded by stating that his horse (Stunin Cullen) may have moved in a little at the concluding stages of the race.
Ms Thomas commented that in her opinion Stunin Cullen had moved inwards in the run to the winning post and stated that for there to be interference the horses did not need to make contact or touch.
Mr A Butt who had a driving commitment in the next race left the hearing at this point.
Mr Dunn driver of , Beaudine Bad Babe stated that he went into the passing lane in the home straight and with approximately 70-80 metres to go Vi Et Animo ‘came in’ forcing him to restrain/grab hold of Beaudine Bad Babe. He stated that at the time his horse was making ground but when questioned whether his horse would have finished ahead of Vi Et Animo he stated that he was not sure.
Mrs Williams clarified the rule again emphasizing the key words ‘Full access to the passing lane’
Mr Dunn was questioned again whether his horse would have beaten Vi Et Animo, given a clear passage to the line. He repeated that his horse was still making ground but he was unsure whether it would have come second.
Mr Brown (Trainer of Beaudine Bad Babe) made two comments, firstly, that he believed that Driver Brent Shirley had taken his horse’s line and secondly that he felt that his horse did not get a fair run.
Mr Shirley driver of (Vi Et Animo) used the video clips commencing at the top of the straight to demonstrate the following points:
Firstly using the track ridges down the straight as indicators he showed that Stunin Cullen had moved inwards at least one sulky width in its run to the finishing post.
He also commented that the passing lane narrows a little the closer it gets to the winning post. Mr Shirley used the video to demonstrate to the committee that it was necessary for Vi Et Animo to move inwards to maintain space between the horses and that this movement was a contributing factor to the downward movement of his horse which affected Beaudine Bad Babe.
Mrs Williams disagreed with Mr Shirley’s comments stating that in her opinion there was a clear gap between the two horses all the way down the straight.
Mr Dunn then left the hearing because of a driving engagement.
Mr C Allison (Stipendiary Steward) was then invited by the Chair to make a comment. He began by stating that in his opinion Mr Butt did move inwards. He also stated that in his opinion the 1 3/4 lengths difference at the finishing post between the second and third horses was significant. He also stated that the alleged incident occurred only 60-70 metres from the winning post.
Reasons for Decision:
The committee was satisfied that there was firstly some inwards movement form Stunin Cullen which may have contributed to the inwards movement of Vi Et Animo into the passing lane.
The committee accepts that the progress of Beaudine Bad Babe was affected by the inward movement.
JCA Decision Fields (raw)
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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: ed3d0514ae90807e6bc3b09e3e23ebf3
informantnumber: 13777
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2010
hearing_title: Northern Southland TC 13 January 2011 - R 8 (instigating a protest)
charge:
facts:
At the conclusion of Race 8 The Kina Craig Stud Northern Southland Cup Special Handicap Pace a protest was lodged by Stipendiary Steward Mrs K Williams alleging that Vi Et Animo (B R Shirley) placed second by the judge interfered to Beaudine Bad Babe (D Dunn) who was placed third by the judge under rule 869(8) and the passing lane regulations.
The official judges placings read:
1st - 10 Stunin Cullen (Mr A Butt)
2nd - 8 Vi Et Animo (Mr B Shirley)
3rd - 9 Beaudine Bad Babe (Mr D Dunn)
4th – 3 Texas Hold Em (Mr T Williams)
Margins:
1st-2nd 1 length
2nd-3rd 1 ¾ lengths
appealdecision:
isappeal:
submissionsfordecision:
At the outset of the hearing the Chairman clarified the roles of individuals who were present.
Mr Shirley and Mr McCulloch were representing Vi Et Animo. When questioned by the Chair Ms Thomas stated that she was assisting Mr G McCulloch owner of Vi Et Animo.
Mr A Butt the driver of Stunin Cullen was representing the owners of that horse.
Mr M Brown the trainer of Beaudine Bad Babe and Mr D Dunn the driver of Beaudine Bad Babe represented the connections of this horse.
It should be noted there was no objection by any parties who were present in the room to any individuals presence and there was no request for any further representation from any of the parties involved.
Mrs Williams gave evidence of her observations of the incident and showed and gave her interpretation of the video films. She stated that she believed that Mr Shirley had clearly taken the line of Beaudine Bad Babe and had affected its chances.
Mrs Williams then invited Mr Butt to comment on the last stages of the race. Mr Butt said that from his point of view he was not aware of any problems and that there was clear distance between the wheels of his horse and Vi Et Animo.
He stated that in his opinion the gap between the wheels was maintained and that he did not put any downward pressure on Vi Et Animo he concluded by stating that his horse (Stunin Cullen) may have moved in a little at the concluding stages of the race.
Ms Thomas commented that in her opinion Stunin Cullen had moved inwards in the run to the winning post and stated that for there to be interference the horses did not need to make contact or touch.
Mr A Butt who had a driving commitment in the next race left the hearing at this point.
Mr Dunn driver of , Beaudine Bad Babe stated that he went into the passing lane in the home straight and with approximately 70-80 metres to go Vi Et Animo ‘came in’ forcing him to restrain/grab hold of Beaudine Bad Babe. He stated that at the time his horse was making ground but when questioned whether his horse would have finished ahead of Vi Et Animo he stated that he was not sure.
Mrs Williams clarified the rule again emphasizing the key words ‘Full access to the passing lane’
Mr Dunn was questioned again whether his horse would have beaten Vi Et Animo, given a clear passage to the line. He repeated that his horse was still making ground but he was unsure whether it would have come second.
Mr Brown (Trainer of Beaudine Bad Babe) made two comments, firstly, that he believed that Driver Brent Shirley had taken his horse’s line and secondly that he felt that his horse did not get a fair run.
Mr Shirley driver of (Vi Et Animo) used the video clips commencing at the top of the straight to demonstrate the following points:
Firstly using the track ridges down the straight as indicators he showed that Stunin Cullen had moved inwards at least one sulky width in its run to the finishing post.
He also commented that the passing lane narrows a little the closer it gets to the winning post. Mr Shirley used the video to demonstrate to the committee that it was necessary for Vi Et Animo to move inwards to maintain space between the horses and that this movement was a contributing factor to the downward movement of his horse which affected Beaudine Bad Babe.
Mrs Williams disagreed with Mr Shirley’s comments stating that in her opinion there was a clear gap between the two horses all the way down the straight.
Mr Dunn then left the hearing because of a driving engagement.
Mr C Allison (Stipendiary Steward) was then invited by the Chair to make a comment. He began by stating that in his opinion Mr Butt did move inwards. He also stated that in his opinion the 1 3/4 lengths difference at the finishing post between the second and third horses was significant. He also stated that the alleged incident occurred only 60-70 metres from the winning post.
reasonsfordecision:
The committee was satisfied that there was firstly some inwards movement form Stunin Cullen which may have contributed to the inwards movement of Vi Et Animo into the passing lane.
The committee accepts that the progress of Beaudine Bad Babe was affected by the inward movement.
Decision:
In dismissing the protest the committee however was of the opinion that the distance between the second and third placed horses (1 ¾ lengths) was significant. The evidence given by Mr Dunn and Mr Allison was crucial.
Mr Dunn could not confirm that his horse would have finished second and Mr Allison’s comments left the committee with enough doubt to dismiss the protest.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8) and Passing Lane Regulation
Informant: Mrs K Williams - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr C Allison - Stipendiary Steward, Mr Dunn - Driver BEAUDINE BAD BABE, Mr M Brown - Trainer BEAUDINE BAD BABE, Mr B Shirley - Driver VI ET ANIMO, Mr G McCulloch - Owner VI ET ANIMO, Ms M Thomas - assisting Mr McCulloch, Mr A Butt - Driver STUNIN CULLEN, Mr R Freeman - Registrar
Respondent:
StipendSteward:
raceid: 2f8d3a4c9fddabaab29792e1fdd2f455
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: 3294041cee8fb6a1858a9d4be6752bd3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/01/2011
meet_title: Northern Southland TC - 13 January 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: northern-southland-tc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: ADennis
meet_pm2: none
name: Northern Southland TC