Auckland TC 27 July 2012 – R 3 (instigating a protest)A2471
ID: JCA17574
Meet Title:
Auckland TC - 27 July 2012
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2012/07/27
Race Number:
R 3
Decision:
The protest is upheld. Hilltop Hustler is disqualified from 3rd place to 8th and Platinum Roulette shifts up one placing from 8th to 7th. In accordance with its decision the Committee authorised payment of dividends as follows:
1st Beau Vite (No 2)
2nd Distant Drum (No 3)
3rd Donovan McGuire (No 7)
4th Mickey McRooney (No 8)
Facts:
This is a contested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 3. The basis of the protest is that Hilltop Hustler (R Fensom) interfered with Platinum Roulette (J Abernethy) with approximately 300 metres to run. Hilltop Hustler was provisionally placed 3rd and Platinum Roulette was provisionally placed 8th.
Rule 869 provides that:
(4) 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.
(4A) No horse 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.
(8) 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.
Submissions for Decision:
Mr Muirhead demonstrated the incident by way of video footage. He told the Judicial Committee (the “Committee”) that as the field approached the final 300 metres, Platinum Roulette was racing in a three wide position near the rear of the field. At this time Hilltop Hustler was also improving from a rearward position on the outer of Platinum Roulette. Mr Muirhead submitted that Hilltop Hustler shifted in and made contact with Platinum Roulette causing that horse to break and lose all chance of finishing in a better position. He further submitted that as a result of the interference Platinum Roulette finished in last place (8th), 17 lengths behind the winner and Hilltop Hustler finished in 3rd place.
Mr Abernethy told the Committee that things became tight rounding the home bend into the final straight. He said that he was aware that Hilltop Hustler had crossed him, but was not sure if that horse hit Platinum Roulette, but as a result of being crossed his horse went off stride and broke. When asked to clarify his submission by Mr Muirhead, Mr Abernethy responded saying that he couldn’t say that his horse was hit but something definitely happened and this caused his horse to go off stride.
Mr Fensom submitted that racing was tight and he heard Mr Abernethy yell out to him. He said that Platinum Roulette's off leg hit his cart. He acknowledged that this occurred when he crossed in front of Platinum Roulette.
In summing up, Mr Muirhead submitted that the stewards contend that Mr Fensom’s horse caused the interference to Platinum Roulette and as a result that horse lost all chance. He also submitted that the video footage clearly showed that after contact was made, Mr Fensom looked back and therefore must have known what had occurred.
In summing up, Mr Fensom submitted that he crossed over and heard a noise and at the same time Mr Abernethy yelled out. He made no further submissions.
Reasons for Decision:
The Committee carefully considered the submissions of all parties. The Committee's assessment of the incident is that Hilltop Hustler did cross Platinum Roulette when not sufficiently clear. This caused Platinum Roulette to go off stride and break. As a result Platinum Roulette veered sideways and lost all chance of finishing in a better position.
The Committee concludes that Platinum Roulette was impeded and that the interference is attributed to the actions of either Mr Fensom or Hilltop Hustler. On that basis we find that Hilltop Hustler did gain an advantage and the protest is upheld.
Hilltop Hustler is disqualified from 3rd placing.
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: f430cd1d853f224928ed9e4655ec375f
informantnumber: A2471
horsename: HILLTOP HUSTLER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/07/2012
hearing_title: Auckland TC 27 July 2012 - R 3 (instigating a protest)A2471
charge:
facts:
This is a contested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 3. The basis of the protest is that Hilltop Hustler (R Fensom) interfered with Platinum Roulette (J Abernethy) with approximately 300 metres to run. Hilltop Hustler was provisionally placed 3rd and Platinum Roulette was provisionally placed 8th.
Rule 869 provides that:
(4) 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.
(4A) No horse 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.
(8) 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by way of video footage. He told the Judicial Committee (the “Committee”) that as the field approached the final 300 metres, Platinum Roulette was racing in a three wide position near the rear of the field. At this time Hilltop Hustler was also improving from a rearward position on the outer of Platinum Roulette. Mr Muirhead submitted that Hilltop Hustler shifted in and made contact with Platinum Roulette causing that horse to break and lose all chance of finishing in a better position. He further submitted that as a result of the interference Platinum Roulette finished in last place (8th), 17 lengths behind the winner and Hilltop Hustler finished in 3rd place.
Mr Abernethy told the Committee that things became tight rounding the home bend into the final straight. He said that he was aware that Hilltop Hustler had crossed him, but was not sure if that horse hit Platinum Roulette, but as a result of being crossed his horse went off stride and broke. When asked to clarify his submission by Mr Muirhead, Mr Abernethy responded saying that he couldn’t say that his horse was hit but something definitely happened and this caused his horse to go off stride.
Mr Fensom submitted that racing was tight and he heard Mr Abernethy yell out to him. He said that Platinum Roulette's off leg hit his cart. He acknowledged that this occurred when he crossed in front of Platinum Roulette.
In summing up, Mr Muirhead submitted that the stewards contend that Mr Fensom’s horse caused the interference to Platinum Roulette and as a result that horse lost all chance. He also submitted that the video footage clearly showed that after contact was made, Mr Fensom looked back and therefore must have known what had occurred.
In summing up, Mr Fensom submitted that he crossed over and heard a noise and at the same time Mr Abernethy yelled out. He made no further submissions.
reasonsfordecision:
The Committee carefully considered the submissions of all parties. The Committee's assessment of the incident is that Hilltop Hustler did cross Platinum Roulette when not sufficiently clear. This caused Platinum Roulette to go off stride and break. As a result Platinum Roulette veered sideways and lost all chance of finishing in a better position.
The Committee concludes that Platinum Roulette was impeded and that the interference is attributed to the actions of either Mr Fensom or Hilltop Hustler. On that basis we find that Hilltop Hustler did gain an advantage and the protest is upheld.
Hilltop Hustler is disqualified from 3rd placing.
Decision:
The protest is upheld. Hilltop Hustler is disqualified from 3rd place to 8th and Platinum Roulette shifts up one placing from 8th to 7th. In accordance with its decision the Committee authorised payment of dividends as follows:
1st Beau Vite (No 2)
2nd Distant Drum (No 3)
3rd Donovan McGuire (No 7)
4th Mickey McRooney (No 8)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4, (4A) abd 8(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Abernethy - Senior Horseman and driver of PLATINUM ROULETTE
Respondent: Mr R Fensom - Senior Horseman/Trainer of HILLTOP HUSTLER
StipendSteward:
raceid: 38e140fe5a5c8f4d6d290080e8732206
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 826706bd4420a98a4c37b1abbc161e25
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/07/2012
meet_title: Auckland TC - 27 July 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "26", "Total": "16.12", "kmprice": 16.120000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC