Westport TC 28 December 2013 – R4 (instigating a protest)
ID: JCA17312
Meet Title:
Westport TC - 28 December 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/12/28
Race Number:
R4
Decision:
The protest was dismissed with the judges placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 4, the Fuller Tools Handicap Trot, an Information instigating a protest was filed by Stipendiary Steward Mr R Quirk, alleging interference by GIN RUMMY(8), driven by Mr I Cameron, who finished in 3rd place, to BOBBY BREEN (12), driven by Mr J Dunn, placed 11th by the Judge, near the 400m.
The Judges placings in this race were as follows.
1st - FRANCO NADAL (7)
2nd - ALL SHOOK UP (9)
3rd - GIN RUMMY (8)
4th - DONALDSON (14)
5th - SARAH PALIN (2)
6th - SPEEDY EARL (11)
The Information reads as follows:
“That horse number 8, or its driver, placed 3rd by the Judge, interfered with the chances of horse number 12, placed 11th by the Judge, as detailed below;
“GIN RUMMY interfered with BOBBY BREEN with approximately 400m to run.”
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 GIN RUMMY were represented at this hearing by Open Horseman, Mr I Cameron with Mr J Dunn, Open Horseman representing the interests of BOBBY BREEN.
Submissions for Decision:
Mr Quirk gave evidence and showed the relevant films of the incident which occurred near the 400m. Mr Quirk pointed out Mr Dunn driving BOBBY BREEN who was racing 6 back on the pylons trailing SPEEDY EARL, driven by Mr K Cameron. Mr I Cameron, driving GIN RUMMY, was racing forward of and outside of BOBBY BREEN in a 2 wide position. Mr I Cameron shifted out to a 3 wide position to improve and trail FRANCO NADAL. This movement created a gap in the 2 wide line which BOOBY BREEN took advantage of. Mr Quirk submitted that GIN RUMMY had shifted in, squeezing BOBBY BREEN between runners and as a result BOBBY BREEN had struck the wheel of SPEEDY EARL and broken.
Mr Dunn stated that he was established in the 2 wide line when he was squeezed between GIN RUMMY on the outer and SPEEDY EARL on the inner. He said that this tightening caused his horse to strike the wheel of SPEEDY EARL and break. Mr Dunn said he believed that all the pressure came from the outside runner GIN RUMMY.
Mr I Cameron stated that near the 400m he shifted off the 2 wide line to follow FRANCO NADAL who had also shifted out to improve and was properly established on its back in the 3 wide line throughout this incident. He stated that the pressure had come from Mr K Cameron who was attempting to shift out into the 2 wide line and into the gap that had been created by his movement.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that GIN RUMMY had shifted out near the 400m and was established in the 3 wide line on the back of FRANCO NADAL. This movement created a position in the 2 wide line for BOOBY BREEN who was entitled to take up this position. We were also satisfied that BOBBY BREEN was established in this position and was tightened, eventually striking the wheel of SPEEDY EARL and breaking. We are not however satisfied that GIN RUMMY placed any pressure on BOBBY BREEN and believe that SPEEDY EARL when shifting out, in an attempt to take up the position created by GIN RUMMY, caused the tightening and resultant interference.
Taking all the above matters into account 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: f7611350793fd3d06f52ba9b4ca9642a
informantnumber: A1135
horsename: GIN RUMMY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2013
hearing_title: Westport TC 28 December 2013 - R4 (instigating a protest)
charge:
facts:
Following the running of Race 4, the Fuller Tools Handicap Trot, an Information instigating a protest was filed by Stipendiary Steward Mr R Quirk, alleging interference by GIN RUMMY(8), driven by Mr I Cameron, who finished in 3rd place, to BOBBY BREEN (12), driven by Mr J Dunn, placed 11th by the Judge, near the 400m.
The Judges placings in this race were as follows.
1st - FRANCO NADAL (7)
2nd - ALL SHOOK UP (9)
3rd - GIN RUMMY (8)
4th - DONALDSON (14)
5th - SARAH PALIN (2)
6th - SPEEDY EARL (11)
The Information reads as follows:
“That horse number 8, or its driver, placed 3rd by the Judge, interfered with the chances of horse number 12, placed 11th by the Judge, as detailed below;
“GIN RUMMY interfered with BOBBY BREEN with approximately 400m to run.”
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 GIN RUMMY were represented at this hearing by Open Horseman, Mr I Cameron with Mr J Dunn, Open Horseman representing the interests of BOBBY BREEN.
appealdecision:
isappeal:
submissionsfordecision:
Mr Quirk gave evidence and showed the relevant films of the incident which occurred near the 400m. Mr Quirk pointed out Mr Dunn driving BOBBY BREEN who was racing 6 back on the pylons trailing SPEEDY EARL, driven by Mr K Cameron. Mr I Cameron, driving GIN RUMMY, was racing forward of and outside of BOBBY BREEN in a 2 wide position. Mr I Cameron shifted out to a 3 wide position to improve and trail FRANCO NADAL. This movement created a gap in the 2 wide line which BOOBY BREEN took advantage of. Mr Quirk submitted that GIN RUMMY had shifted in, squeezing BOBBY BREEN between runners and as a result BOBBY BREEN had struck the wheel of SPEEDY EARL and broken.
Mr Dunn stated that he was established in the 2 wide line when he was squeezed between GIN RUMMY on the outer and SPEEDY EARL on the inner. He said that this tightening caused his horse to strike the wheel of SPEEDY EARL and break. Mr Dunn said he believed that all the pressure came from the outside runner GIN RUMMY.
Mr I Cameron stated that near the 400m he shifted off the 2 wide line to follow FRANCO NADAL who had also shifted out to improve and was properly established on its back in the 3 wide line throughout this incident. He stated that the pressure had come from Mr K Cameron who was attempting to shift out into the 2 wide line and into the gap that had been created by his movement.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that GIN RUMMY had shifted out near the 400m and was established in the 3 wide line on the back of FRANCO NADAL. This movement created a position in the 2 wide line for BOOBY BREEN who was entitled to take up this position. We were also satisfied that BOBBY BREEN was established in this position and was tightened, eventually striking the wheel of SPEEDY EARL and breaking. We are not however satisfied that GIN RUMMY placed any pressure on BOBBY BREEN and believe that SPEEDY EARL when shifting out, in an attempt to take up the position created by GIN RUMMY, caused the tightening and resultant interference.
Taking all the above matters into account we decided that this protest should be dismissed.
Decision:
The protest was dismissed with the judges 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)
Informant: R Quirk-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: J Dunn-Open Horseman
Respondent: I Cameron-Open Horseman
StipendSteward:
raceid: 3b7e591d69ea123fd4e36be63a09b0a3
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: ab55e2d2a291d666ad11dbe284fc7cc8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2013
meet_title: Westport TC - 28 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Westport TC