Manawatu HRC 18 February 2014 – R 3 (instigating a protest)
ID: JCA17653
Meet Title:
Manawatu HRC - 18 February 2014
Meet Chair:
NMcCutcheon
Race Date:
2014/02/18
Race Number:
R 3
Decision:
The protest was dismissed with the dividends and prize money to be paid in accordance with the Judge’s placings.
Facts:
Following the running of Race 3 Jay Abernethy Racing Stables Mobile Pace 2000m, an information was filed pursuant to Rules 869(4 (A), Mr Butt the informant alleged that with 300m to run, Chanelle Bromac (2nd) punctured his outside sulky wheel and that this impeded his horse’s progress.
Judge’s Placings:
1st No.4 Monets Daughter
2nd No.11 Chanelle Bromac
3rd No.6 Justalittlebetter
4th No.8 Benji Maguire
Margins:
The margin between 2nd and 3rd was a long head.
Rule 869(4) reads:
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)
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 Butt showed the available films and said that near the 300m Chanelle Bromac came out from behind his horse, hit his wheel, it went bang and that the flat tyre impeded his horse’s progress to the finish of the race. He added that the tube came away from the tyre with about 100m left to travel. In answer to a question from the chair, Mr Butt acknowledged that the striking of the wheel could not be seen on the films.
Mr Ferguson the driver of Chanelle Bromac said that if Mr Butt could show on the films that his horse had hit a wheel he would accept it as having taken place, but said that he did not believe that he had hit a wheel. He added that the tyre could have just popped.
Mr Muirhead said that Mr Butt’s horse did finish the race with the tube of the outside wheel protruding from the tyre. He said that it was not clear on the films that the wheel had been hit, but he invited the committee to consider the matter on the grounds of probabilities, as opposed to beyond all reasonable doubt.
Reasons for Decision:
It was accepted that Justalittlebetter finished the race with a flat tyre. After considering the submissions of all parties and the viewing of the relevant films it was not clear that the flattening of the tyre occurred near the 300m. For the protest to be successful the committee needed to be entirely satisfied that Chanelle Bromac punctured the tyre of Justalittlebetter. Due to the film evidence being inconclusive this had not been proved.
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: ff44c6b393efefcd14fb8a55f0a6987e
informantnumber: A3766
horsename: CHANELLE BROMAC
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/02/2014
hearing_title: Manawatu HRC 18 February 2014 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3 Jay Abernethy Racing Stables Mobile Pace 2000m, an information was filed pursuant to Rules 869(4 (A), Mr Butt the informant alleged that with 300m to run, Chanelle Bromac (2nd) punctured his outside sulky wheel and that this impeded his horse’s progress.
Judge’s Placings:
1st No.4 Monets Daughter
2nd No.11 Chanelle Bromac
3rd No.6 Justalittlebetter
4th No.8 Benji Maguire
Margins:
The margin between 2nd and 3rd was a long head.
Rule 869(4) reads:
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)
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 Butt showed the available films and said that near the 300m Chanelle Bromac came out from behind his horse, hit his wheel, it went bang and that the flat tyre impeded his horse’s progress to the finish of the race. He added that the tube came away from the tyre with about 100m left to travel. In answer to a question from the chair, Mr Butt acknowledged that the striking of the wheel could not be seen on the films.
Mr Ferguson the driver of Chanelle Bromac said that if Mr Butt could show on the films that his horse had hit a wheel he would accept it as having taken place, but said that he did not believe that he had hit a wheel. He added that the tyre could have just popped.
Mr Muirhead said that Mr Butt’s horse did finish the race with the tube of the outside wheel protruding from the tyre. He said that it was not clear on the films that the wheel had been hit, but he invited the committee to consider the matter on the grounds of probabilities, as opposed to beyond all reasonable doubt.
reasonsfordecision:
It was accepted that Justalittlebetter finished the race with a flat tyre. After considering the submissions of all parties and the viewing of the relevant films it was not clear that the flattening of the tyre occurred near the 300m. For the protest to be successful the committee needed to be entirely satisfied that Chanelle Bromac punctured the tyre of Justalittlebetter. Due to the film evidence being inconclusive this had not been proved.
Decision:
The protest was dismissed with the dividends and prize money to be paid in accordance with the Judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4) & 869(4)(A)
Informant: Mr R Butt - Driver of JUSTALITTLEBETTER
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Neal - Co-Chief Stipendiary Steward, Mr J Muirhead - Stipendiary Steward
Respondent: Mr P Ferguson - Driver of CHANELLE BROMAC
StipendSteward:
raceid: 9e053f09ac814a02b7301a6ed5f3826a
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: f27a65789dc84edeedee73158fa321e3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/02/2014
meet_title: Manawatu HRC - 18 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: none
meet_pm2: none
name: Manawatu HRC