Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Manukau TC 19 January 2012 – R 8 (instigating a protest)

ID: JCA17336

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
L Hollis - Trainer of THE ADMAN

Information Number:
2353

Hearing Type:
Protest

Rules:
869(4)

Meet Title:
Manukau TC - 19 January 2012

Meet Chair:
GJones

Meet Committee Member 1:
BScott

Race Date:
2012/01/19

Race Number:
R 8

Decision:

The protest was upheld and placing are confirmed as follows:

Horse 4, The Adman is relegated from 7th place to 9th and all other placing between 7th and 9th are adjusted accordingly.

The committee authorised amendment to the final placing in accordance with its decision.

Facts:

This is an uncontested protest instigated by Mr J Muirhead (Stipendiary Steward) following the running of race 8 (‘Bishopdale TAB World Cup of Amateur Driver MBL Pace’). The grounds for the protest are based on alleged interference approximately 700 metres from the finish of the race by the 7th placed horse (The Adman) to the 9th placed horse (Pacific Warrior). In the context of the World Amateur Driving series the placings are crucial to drivers because each driver is awarded ‘points’ commensurate with their placing. On that basis this protest had special significance. The protest was not contested by the connections of the horse placed 7th, The Adman.

Mr L Hollis, the Trainer of The Adman had left the course prior to the commencement of this hearing. He was contacted by the Registrar, via phone and advised her that he did not wish to be present at the hearing and that he did not contest the protest. The Information was endorsed accordingly by the Registrar.

The provisional placings were:

7th – The Adman
9th – Pacific Warrior

Rule 869(4) provides that:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.

Rule 869(4) (A) provides that:
“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress”.

Submissions for Decision:

Mr J Muirhead told the Judicial Control Authority Committee (the ‘Committee’) that with approximately 700 metres to run, The Adman driven by Mr J Svoboda (Amateur Horseman representing The Czech Republic) has allowed his drive to shift outwards into the path of Pacific Warrior, driven by Mr B Oksnevad (Amateur Horseman representing Norway). Mr Muirhead said that as a result Pacific Warrior was severely checked and broke. This effectively cost Pacific Warrior all chance of finishing the race in a better position.

Mr Muirhead demonstrated the incident by way of all available video footage. This clearly identified the interference and the resultant impact of that interference to Pacific Warrior.

Reasons for Decision:

The protest is not contested and is therefore upheld.

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: fa4ee705234dcb22b5e84bc5c8cefc89


informantnumber: 2353


horsename: THE ADMAN


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 19/01/2012


hearing_title: Manukau TC 19 January 2012 - R 8 (instigating a protest)


charge:


facts:

This is an uncontested protest instigated by Mr J Muirhead (Stipendiary Steward) following the running of race 8 (‘Bishopdale TAB World Cup of Amateur Driver MBL Pace’). The grounds for the protest are based on alleged interference approximately 700 metres from the finish of the race by the 7th placed horse (The Adman) to the 9th placed horse (Pacific Warrior). In the context of the World Amateur Driving series the placings are crucial to drivers because each driver is awarded ‘points’ commensurate with their placing. On that basis this protest had special significance. The protest was not contested by the connections of the horse placed 7th, The Adman.

Mr L Hollis, the Trainer of The Adman had left the course prior to the commencement of this hearing. He was contacted by the Registrar, via phone and advised her that he did not wish to be present at the hearing and that he did not contest the protest. The Information was endorsed accordingly by the Registrar.

The provisional placings were:

7th – The Adman
9th – Pacific Warrior

Rule 869(4) provides that:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.

Rule 869(4) (A) provides that:
“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress”.


appealdecision:


isappeal:


submissionsfordecision:

Mr J Muirhead told the Judicial Control Authority Committee (the ‘Committee’) that with approximately 700 metres to run, The Adman driven by Mr J Svoboda (Amateur Horseman representing The Czech Republic) has allowed his drive to shift outwards into the path of Pacific Warrior, driven by Mr B Oksnevad (Amateur Horseman representing Norway). Mr Muirhead said that as a result Pacific Warrior was severely checked and broke. This effectively cost Pacific Warrior all chance of finishing the race in a better position.

Mr Muirhead demonstrated the incident by way of all available video footage. This clearly identified the interference and the resultant impact of that interference to Pacific Warrior.


reasonsfordecision:

The protest is not contested and is therefore upheld.


Decision:

The protest was upheld and placing are confirmed as follows:

Horse 4, The Adman is relegated from 7th place to 9th and all other placing between 7th and 9th are adjusted accordingly.

The committee authorised amendment to the final placing in accordance with its decision.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(4)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Ms G MacKinnon - Registrar


Respondent: L Hollis - Trainer of THE ADMAN


StipendSteward:


raceid: fbf40218365cc5e0e9fab70dfd6e1518


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: 8dec11fd390e7933757180961f04748e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/01/2012


meet_title: Manukau TC - 19 January 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manukau-tc


meet_racingtype: harness-racing


meet_chair: GJones


meet_pm1: BScott


meet_pm2: none


name: Manukau TC