Cambridge/Te Awamutu HRC 28 March2013 – R7 (instigating a protest)
ID: JCA17467
Meet Title:
Cambridge - Te Awamutu HRC - 28 March 2013
Meet Chair:
AGodsalve
Meet Committee Member 1:
JHolloway
Race Date:
2013/03/28
Race Number:
R7
Decision:
The protest was dismissed and authority to pay on the Judges's placings was authorised.
Facts:
Following the running of race 7 an information instigating a protest was lodged by Stipendiary Steward, Mr Muirhead against horse 8, 'Beaming Jay' (Mr T Macfarlane), placed 3rd by the Judge, on behalf of the connections of horse 11, 'Carlos' (Mr P Ferguson) placed 7th by the Judge. The protest alleged a breach of Rule 869(4)(a) and 8(a)(b) when 'Beaming Jay' paced roughly and broke free of interference approximately 200m after the start, causing interference to 'Carlos' which went off stride.
Mr Macfarlane appeared for the connections of 'Beaming Jay' and contested the protest.
Mr Ferguson appeared for the connections of 'Carlos'.
Rule 869(4)(a) states '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) states 'The Judicial Committee may in addition to any other penalty which may be imposed pursuant toRule 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 Muirhead referred the committee to video footage of the early stages of the race and identified the respective runners. the race was from a standing start over a distance of 2700 metres with 'Beaming Jay', off 10 metres and 'Carlos' from the 20 metre mark.
At a point about 200 metres after the start 'Beaming Jay' travelling two wide began pacing roughly before breaking free of interference. 'Carlos' behind and on the running rail received interference as 'Beaming Jay' moved inwards and also broke. Two other runners had to take evasive action. Mr Muirhead said that in the stewards' opinion the interference had changed the complex of the race and had cost 'Carlos' about 6 lengths. 'Beaming Jay' had recovered well to finish in third position. The finishing margin between 'Beaming Jay' and 'Carlos' was about six lengths.
Mr Ferguson told the committee that his horse 'Carlos' was travelling 'ok' on the inside of 'Beaming Jay' when that horse galloped and ran inwards towards his horse forcing him to take evasive action and 'Carlos' galloping. In response to a question from the committee he added that he thought his horse had been a winning chance in the race but it was too soon in the race to say if his chances had been affected.
Mr Ferguson confirmed that there had been contact with Mr Macfarlane's back.
Mr Macfarlane told the hearing that the incident had happenned in the early stages of the race with 2500metres to run. 'Carlos' had every opportunity to recover the ground lost. 'Carlos' had recovered quickly after breaking and ended up several lengths clear of him before 'Beaming Jay' settled back into his gait. He had tried to keep 'Beaming Jay' straight after it broke to avoid or reduce interference to other runners. Mr Macfarlane submitted that he had lost far more ground than 'Carlos' and therefore had not gained any advantage and therefore his horse should not be relegated.
Submissions for Decision:
Mr Muirhead submitted that in the event the protest was upheld that 'Beaming Jay' be relegated to finish immediately behind 'Carlos'.
Reasons for Decision:
The committee accepted that 'Beaming Jay' had broken free of interference and despite the efforts of driver Mr Macfarlane had caused interference to 'Carlos' driven by Mr Ferguson about 200 metres after the start. 'Carlos' had quickly recovered to be several lengths clear of 'Beaming Jay' before it too settled back into its proper gait with approximately 2500 metres of the race to run. The race was completed without further impact with 'Beaming Jay' crossing in third place about 6 lengths clear of 'Carlos' in seventh place.
The committe found that because 'Beaming Jay' had not gained any advantage during the interference caused and had subsequently made up 10 to 12 lengths on 'Carlos' at the finishing line that the interference caused was not deserving of relegation.
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: e7b9b7da3ba50ebcc8c5f7bd855d8865
informantnumber: A2492
horsename: BEAMING JAY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2013
hearing_title: Cambridge/Te Awamutu HRC 28 March2013 - R7 (instigating a protest)
charge:
facts:
Following the running of race 7 an information instigating a protest was lodged by Stipendiary Steward, Mr Muirhead against horse 8, 'Beaming Jay' (Mr T Macfarlane), placed 3rd by the Judge, on behalf of the connections of horse 11, 'Carlos' (Mr P Ferguson) placed 7th by the Judge. The protest alleged a breach of Rule 869(4)(a) and 8(a)(b) when 'Beaming Jay' paced roughly and broke free of interference approximately 200m after the start, causing interference to 'Carlos' which went off stride.
Mr Macfarlane appeared for the connections of 'Beaming Jay' and contested the protest.
Mr Ferguson appeared for the connections of 'Carlos'.
Rule 869(4)(a) states '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) states 'The Judicial Committee may in addition to any other penalty which may be imposed pursuant toRule 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 Muirhead referred the committee to video footage of the early stages of the race and identified the respective runners. the race was from a standing start over a distance of 2700 metres with 'Beaming Jay', off 10 metres and 'Carlos' from the 20 metre mark.
At a point about 200 metres after the start 'Beaming Jay' travelling two wide began pacing roughly before breaking free of interference. 'Carlos' behind and on the running rail received interference as 'Beaming Jay' moved inwards and also broke. Two other runners had to take evasive action. Mr Muirhead said that in the stewards' opinion the interference had changed the complex of the race and had cost 'Carlos' about 6 lengths. 'Beaming Jay' had recovered well to finish in third position. The finishing margin between 'Beaming Jay' and 'Carlos' was about six lengths.
Mr Ferguson told the committee that his horse 'Carlos' was travelling 'ok' on the inside of 'Beaming Jay' when that horse galloped and ran inwards towards his horse forcing him to take evasive action and 'Carlos' galloping. In response to a question from the committee he added that he thought his horse had been a winning chance in the race but it was too soon in the race to say if his chances had been affected.
Mr Ferguson confirmed that there had been contact with Mr Macfarlane's back.
Mr Macfarlane told the hearing that the incident had happenned in the early stages of the race with 2500metres to run. 'Carlos' had every opportunity to recover the ground lost. 'Carlos' had recovered quickly after breaking and ended up several lengths clear of him before 'Beaming Jay' settled back into his gait. He had tried to keep 'Beaming Jay' straight after it broke to avoid or reduce interference to other runners. Mr Macfarlane submitted that he had lost far more ground than 'Carlos' and therefore had not gained any advantage and therefore his horse should not be relegated.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead submitted that in the event the protest was upheld that 'Beaming Jay' be relegated to finish immediately behind 'Carlos'.
reasonsfordecision:
The committee accepted that 'Beaming Jay' had broken free of interference and despite the efforts of driver Mr Macfarlane had caused interference to 'Carlos' driven by Mr Ferguson about 200 metres after the start. 'Carlos' had quickly recovered to be several lengths clear of 'Beaming Jay' before it too settled back into its proper gait with approximately 2500 metres of the race to run. The race was completed without further impact with 'Beaming Jay' crossing in third place about 6 lengths clear of 'Carlos' in seventh place.
The committe found that because 'Beaming Jay' had not gained any advantage during the interference caused and had subsequently made up 10 to 12 lengths on 'Carlos' at the finishing line that the interference caused was not deserving of relegation.
Decision:
The protest was dismissed and authority to pay on the Judges's placings was authorised.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(4)(a) and (8)(a((b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr P Ferguson - Driver of CARLOS - appearing for connections
Respondent: Mr T Macfarlane - Driver of BEAMING JAY - appearing for connections
StipendSteward:
raceid: 092bdb38f3255ca388946c5b741f282a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5eb3593def342b3b639fc8cbecb525c3
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/03/2013
meet_title: Cambridge - Te Awamutu HRC - 28 March 2013
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "138", "Total": "85.56", "kmprice": 85.560000000000002, "Approved": "on"}]
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: JHolloway
meet_pm2: none
name: Cambridge - Te Awamutu HRC