Marlborough HRC 22 June 2014 – R 5 (instigating a protest)
ID: JCA17234
Meet Title:
Marlborough HRC - 22 June 2014
Meet Chair:
SChing
Meet Committee Member 1:
PWilliams
Race Date:
2014/06/22
Race Number:
R5
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 5, the Meaters of Marlborough Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N Ydgren, alleging interference near the 100m by AILE ROUGE, driven by Mr R Holmes, who finished in 3rd place, and FOREVERMAN, driven by Mr J Harrington, who finished in 4th place to I’VE GOT THIS, driven by Mr M Purvis, who finished in 6th place.
The Judge's placings in this race were as follows.
1st FREE DREAMS (14)
2nd KOWHAI WHIZ (10)
3rd AILE ROUGE (2)
4th FOREVERMAN (3)
5th SPELL (5)
6th I’VE GOT THIS (4)
The Information reads as follows:
“That horse number 2 & 3, or their drivers, placed 3rd and 4th by the Judge, interfered with the chances of horse number 4, placed 6th by the Judge, as detailed below;
“In that, interference near the 100m when I’VE GOT THIS broke when racing between FOREVERMAN, to the outside and AILE ROUGE to the inside.”
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 I’VE GOT THIS were represented at this hearing by Junior Horseman Mr M Purvis with the assistance of Mr J Dunn, Mr R Holmes, the driver and trainer of AILE ROUGE and FOREVERMAN represented the interests of those horses along with Junior Driver Mr J Harrington. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr Ydgren gave evidence and showed the video films of the relevant stages of the race near the 100m, which showed I’VE GOT THIS, driven by Mr Purvis, racing between FOREVERMAN on the outside and AILE ROUGE on the inside, who was in the trail of the leader. Mr Ydgren pointed out FOREVERMAN shift outwards and then shift inwards partially into the racing line of I’VE GOT THIS. Almost simultaneously AILE ROUGE shifted out, when looking to improve, partially into the racing line of I’VE GOT THIS putting I’VE GOT THIS in restricted room. I’VE GOT THIS then broke finishing in 6th place. Mr Ydgren stated that Mr Harrington, driving FOREVERMAN had immediately relieved the pressure on I’VE GOT THIS but with AILE ROUGE in the process of moving out, I’VE GOT THIS was placed in restricted room for a short period and broke. Of note, Mr Ydgren said that both AILE ROUGE and FOREVERMAN were improving past I’VE GOT THIS when the tightening occurred.
Mr Purvis with the assistance of Mr Dunn stated that near the 100m it got tight, but that there was no contact made with either horse. He stated that his horse broke due to the pressure from both sides. He said the horse was only having its 4th start and its inexperience may have contributed to it breaking when in restricted room. He also said that I’VE GOT THIS was holding his own and thought he may have finished in 4th or 5th place at best.
Mr Harrington stated that FOREVERMAN had veered in and Mr Purvis had called to him to which he took immediate action to correct his horse and give Mr Purvis room.
Mr Holmes stated that a more experienced trotter would not have broken in similar circumstances and that normally it takes contact to cause a horse to break.
Reasons for Decision:
We carefully considered the evidence presented and the video coverage of the incident. The Committee was satisfied that I’VE GOT THIS was placed in restricted room between FOREVERMAN and AILE ROUGE for a short period near the 100m and, although no contact was made, broke. We were also satisfied that I’VE GOT THIS had its progress and chances affected to a degree. Against this the Committee took into consideration the fact that both other runners were improving past at the time of the incident, that no contact was made and our observations that I’VE GOT THIS was only battling at this point and would possibly have finished in 5th place. Another factor taken into account was that I’VE GOT THIS was an inexperienced trotter having its 4th start which may have contributed to it breaking when in restricted room. Taking all factors into consideration we were not however totally satisfied that the interference suffered by I’VE GOT THIS was sufficient to demand a change in placings and therefore used our discretion in this case to dismiss both protests.
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: edea437efd86d084fd63d122be9decc9
informantnumber: A6145
horsename: FOREVERMAN & AILE ROUGE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/06/2014
hearing_title: Marlborough HRC 22 June 2014 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, the Meaters of Marlborough Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N Ydgren, alleging interference near the 100m by AILE ROUGE, driven by Mr R Holmes, who finished in 3rd place, and FOREVERMAN, driven by Mr J Harrington, who finished in 4th place to I’VE GOT THIS, driven by Mr M Purvis, who finished in 6th place.
The Judge's placings in this race were as follows.
1st FREE DREAMS (14)
2nd KOWHAI WHIZ (10)
3rd AILE ROUGE (2)
4th FOREVERMAN (3)
5th SPELL (5)
6th I’VE GOT THIS (4)
The Information reads as follows:
“That horse number 2 & 3, or their drivers, placed 3rd and 4th by the Judge, interfered with the chances of horse number 4, placed 6th by the Judge, as detailed below;
“In that, interference near the 100m when I’VE GOT THIS broke when racing between FOREVERMAN, to the outside and AILE ROUGE to the inside.”
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 I’VE GOT THIS were represented at this hearing by Junior Horseman Mr M Purvis with the assistance of Mr J Dunn, Mr R Holmes, the driver and trainer of AILE ROUGE and FOREVERMAN represented the interests of those horses along with Junior Driver Mr J Harrington. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and showed the video films of the relevant stages of the race near the 100m, which showed I’VE GOT THIS, driven by Mr Purvis, racing between FOREVERMAN on the outside and AILE ROUGE on the inside, who was in the trail of the leader. Mr Ydgren pointed out FOREVERMAN shift outwards and then shift inwards partially into the racing line of I’VE GOT THIS. Almost simultaneously AILE ROUGE shifted out, when looking to improve, partially into the racing line of I’VE GOT THIS putting I’VE GOT THIS in restricted room. I’VE GOT THIS then broke finishing in 6th place. Mr Ydgren stated that Mr Harrington, driving FOREVERMAN had immediately relieved the pressure on I’VE GOT THIS but with AILE ROUGE in the process of moving out, I’VE GOT THIS was placed in restricted room for a short period and broke. Of note, Mr Ydgren said that both AILE ROUGE and FOREVERMAN were improving past I’VE GOT THIS when the tightening occurred.
Mr Purvis with the assistance of Mr Dunn stated that near the 100m it got tight, but that there was no contact made with either horse. He stated that his horse broke due to the pressure from both sides. He said the horse was only having its 4th start and its inexperience may have contributed to it breaking when in restricted room. He also said that I’VE GOT THIS was holding his own and thought he may have finished in 4th or 5th place at best.
Mr Harrington stated that FOREVERMAN had veered in and Mr Purvis had called to him to which he took immediate action to correct his horse and give Mr Purvis room.
Mr Holmes stated that a more experienced trotter would not have broken in similar circumstances and that normally it takes contact to cause a horse to break.
reasonsfordecision:
We carefully considered the evidence presented and the video coverage of the incident. The Committee was satisfied that I’VE GOT THIS was placed in restricted room between FOREVERMAN and AILE ROUGE for a short period near the 100m and, although no contact was made, broke. We were also satisfied that I’VE GOT THIS had its progress and chances affected to a degree. Against this the Committee took into consideration the fact that both other runners were improving past at the time of the incident, that no contact was made and our observations that I’VE GOT THIS was only battling at this point and would possibly have finished in 5th place. Another factor taken into account was that I’VE GOT THIS was an inexperienced trotter having its 4th start which may have contributed to it breaking when in restricted room. Taking all factors into consideration we were not however totally satisfied that the interference suffered by I’VE GOT THIS was sufficient to demand a change in placings and therefore used our discretion in this case to dismiss both protests.
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)(b)
Informant: N Ydgren- Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: M Purvis-Junior Horseman, J Dunn-Open Horseman
Respondent: R Holmes-Open Horseman, J Harrington-Junior Horseman
StipendSteward:
raceid: af1f59b49dbbde6b229b078a48e46b0d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 05265293e82ea7db5d913b8095c13c74
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/06/2014
meet_title: Marlborough HRC - 22 June 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough HRC