Cambrdige-Te Awamutu HRC 13January 2012 – R 5 (instigating a protest)
ID: JCA17406
Meet Title:
Cambridge - Te Awamutu HRC - 13 January 2012
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2012/01/13
Race Number:
R5 Instigating a Protest
Decision:
The Protest is accordingly upheld.
The amended placings are now:
First horse number 11
Second horse number 5
Third horse number 6
Fourth horse number 9
Fifth horse number 8
Sixth horse number 1
It was ordered that dividends and stakes be paid in accordance with the amended result.
Facts:
Following the running of Race 5 an Information Instigating a Protest was lodged by Stipendiary Steward Mr TW Taumanu against the 3rd placing of horse number 1 REGAL ENCOUNTER (Driver Mrs LM Neal ) on the grounds of causing interference with approximately 50 metres to run to horse number 8 MILLIONAIRE ( Driver M Purdon ) which was placed 6th by the Judge.
The Protest was contested.
Rule 869(4) provides : "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(4A) provides : " No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress."
Rule 869(8) provides : " 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."
Mr Taumanu gave evidence and said that he witnessed the incident from the Stewards' position at the top of the stand. He said that MILLIONAIRE was racing on the outside of REGAL ENCOUNTER which was on the running line. He further said that with 50 metres to run Mrs Neal driving REGAL ENCOUNTER came out quickly and interfered with Mr Purdon's horse and it broke. He also said that he heard the contact at the time of the incident.
Mr Taumanu then demonstrated the incident by use of the video films and showed where Mrs Neal came out and caused interference and then ran on for 3rd placing. Mr Taumanu said he believed that Mrs Neal had realised that she had caused interference because the film showed that immediately after the incident she looked round to see what had happened.
Mr Purdon in giving evidence confirmed the evidence that Mr Taumanu had given to the Committee. He thought there may have been contact between his horse and Mrs Neal's but he did say that the interference had caused his horse to break. When asked about his chances he said he was battling for 5th position at the time.
Mrs Neal acknowledged that she had come out and had made contact with Mr Purdon's sulky. She acknowledged squeezing Mr Purdon's horse up but she said that Mr Ferguson in front of her and inside her line had moved out a little and this contributed to the incident. She also said that Mr Herlihy on the outside of Mr Purdon had moved in and this had also contributed to the incident.
Submissions for Decision:
Mr Taumanu said that the evidence was clear and he pointed to the fact that at the finishing line REGAL ENCOUNTER was only about a neck in front of the 4th placed horse. He said that by causing interference Mrs Neal was able to get her horse off the running line and into 3rd placing and that she had gained an advantage as a result of her actions.
Reasons for Decision:
The Committee has listened to the evidence and has viewed the films a number of times. The films show the incident clearly as it has happened only 50 metres short of the finishing line. Mrs Neal has come off the running line and has made a mistake in trying to move into a gap which is too small. In doing so she has interfered with Mr Purdon's horse and as such she has gained an advantage from her actions. We believe that if she had have waited until there was sufficient room she would not have run third because in the end she was only approximately a neck in front of the 4th placed horse.
The provisions of Rule 869(8)(a) are satisfied.
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: dfef0f625e44802095b8ecf9b51d24b9
informantnumber: 13125
horsename: REGAL ENCOUNTER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/01/2012
hearing_title: Cambrdige-Te Awamutu HRC 13January 2012 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5 an Information Instigating a Protest was lodged by Stipendiary Steward Mr TW Taumanu against the 3rd placing of horse number 1 REGAL ENCOUNTER (Driver Mrs LM Neal ) on the grounds of causing interference with approximately 50 metres to run to horse number 8 MILLIONAIRE ( Driver M Purdon ) which was placed 6th by the Judge.
The Protest was contested.
Rule 869(4) provides : "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(4A) provides : " No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress."
Rule 869(8) provides : " 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."
Mr Taumanu gave evidence and said that he witnessed the incident from the Stewards' position at the top of the stand. He said that MILLIONAIRE was racing on the outside of REGAL ENCOUNTER which was on the running line. He further said that with 50 metres to run Mrs Neal driving REGAL ENCOUNTER came out quickly and interfered with Mr Purdon's horse and it broke. He also said that he heard the contact at the time of the incident.
Mr Taumanu then demonstrated the incident by use of the video films and showed where Mrs Neal came out and caused interference and then ran on for 3rd placing. Mr Taumanu said he believed that Mrs Neal had realised that she had caused interference because the film showed that immediately after the incident she looked round to see what had happened.
Mr Purdon in giving evidence confirmed the evidence that Mr Taumanu had given to the Committee. He thought there may have been contact between his horse and Mrs Neal's but he did say that the interference had caused his horse to break. When asked about his chances he said he was battling for 5th position at the time.
Mrs Neal acknowledged that she had come out and had made contact with Mr Purdon's sulky. She acknowledged squeezing Mr Purdon's horse up but she said that Mr Ferguson in front of her and inside her line had moved out a little and this contributed to the incident. She also said that Mr Herlihy on the outside of Mr Purdon had moved in and this had also contributed to the incident.
appealdecision:
isappeal:
submissionsfordecision:
Mr Taumanu said that the evidence was clear and he pointed to the fact that at the finishing line REGAL ENCOUNTER was only about a neck in front of the 4th placed horse. He said that by causing interference Mrs Neal was able to get her horse off the running line and into 3rd placing and that she had gained an advantage as a result of her actions.
reasonsfordecision:
The Committee has listened to the evidence and has viewed the films a number of times. The films show the incident clearly as it has happened only 50 metres short of the finishing line. Mrs Neal has come off the running line and has made a mistake in trying to move into a gap which is too small. In doing so she has interfered with Mr Purdon's horse and as such she has gained an advantage from her actions. We believe that if she had have waited until there was sufficient room she would not have run third because in the end she was only approximately a neck in front of the 4th placed horse.
The provisions of Rule 869(8)(a) are satisfied.
Decision:
The Protest is accordingly upheld.
The amended placings are now:
First horse number 11
Second horse number 5
Third horse number 6
Fourth horse number 9
Fifth horse number 8
Sixth horse number 1
It was ordered that dividends and stakes be paid in accordance with the amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869 (4), (4A) and (8)
Informant: Mr TW Taumanu - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Purdon - Licensed Open Driver
Respondent: Mr LM Neal - Driver
StipendSteward:
raceid: 47b4cc71f21dad662122cdbca7b20da4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5 Instigating a Protest
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9d30529bb51c6ab216e86e680f5f312b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/01/2012
meet_title: Cambridge - Te Awamutu HRC - 13 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Cambridge - Te Awamutu HRC