Waikouaiti TC 10 February 2013 – R 2 (instigating a protest)
ID: JCA17714
Meet Title:
Waikouaiti HRC - 10 February 2013
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2013/02/10
Race Number:
R2
Decision:
In these circumstances we exercise our discretion and dismiss the protest.
Facts:
Mr Allison, stipendiary steward, protested against the 1st placing of DWINDLE MIST in race 2 on the ground that the horse shifted ground outwards near the 2100 metre mark forcing WHENDABOYSLITEUP wider on the track.
Judge’s placings were:
1ST 8 DWINDLE MIST
2ND 6 WISHES STAR
3RD 7 EYREWELL PEGASUS
4TH 16 DRAGON LADY
Submissions for Decision:
Mr Allison, stipendiary steward, demonstrated on the videos that in his opinion DWINDLE MIST had moved outwards at the 2100 metre mark and WHENDABOYSLITEUP was forced 3 wide briefly. Mr Jenkins, driving FLYING BUCK was also briefly forced wider on the track. Mr Allison stated he believed the respondent had moved out in breach of the push-out rule as the nose of FLYING BUCK was outside the cart of the respondent when Mr Williamson moved wider on the track.
Mr Lowe gave evidence that he was going to go 3 wide to sit parked and that the respondent’s actions had not affected his run other than he was forced wide for 50 metres. His horse had eventually tired and finished well back.
Mr Jenkins, driver of FLYING BUCK, stated that his horse was over-racing and that had made Mr Williamson’s actions look worse. He said his intention was always to follow the respondent as his view was that DWINDLE MIST was the horse to beat in the race. He said he was out for a little while, perhaps 20 to 30 metres, due to the respondent shifting wider. When questioned by the committee as to whether his horse had progressed to outside the respondent’s wheel when the respondent moved outwards, he said he was “right on” the wheel but could not be sure he was ahead of it. He added his chances at the end of the day were not affected.
Mr Williamson said he was one out and that Mr Lowe was never 4 wide, he was 3 wide. He said Mr Jenkins had had to ease to get a run behind him and that Mr Jenkins was never gaining ground on him when he had moved outwards. He questioned whether Mr Jenkins was ever on his wheel anyway. He believed he was one-off before Mr Jenkins came up. He emphasised FLYING BUCK was keen and was over-racing and that was why it had appeared to check.
Reasons for Decision:
We are satisfied that DWINDLE MIST has moved wider on the track. The video evidence is inconclusive as to whether this move was in breach of r 869(6)(b) and (c). Mr Jenkins is also unsure as to whether the nose of FLYING BUCK was outside the cart of DWINDLE MIST at the relevant time. It was there-abouts in his opinion. Both he and Mr Lowe are adamant that their chances were not affected. They had obtained runs that they were looking for anyway and they had been forced wider on the track only briefly. Both horses were well tried and neither horse had run in a dividend bearing position.
JCA Decision Fields (raw)
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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: e37cd2c3c733ba6b509ef3e6308014f0
informantnumber: 5902
horsename: DWINDLE MIST
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/01/2013
hearing_title: Waikouaiti TC 10 February 2013 - R 2 (instigating a protest)
charge:
facts:
Mr Allison, stipendiary steward, protested against the 1st placing of DWINDLE MIST in race 2 on the ground that the horse shifted ground outwards near the 2100 metre mark forcing WHENDABOYSLITEUP wider on the track.
Judge’s placings were:
1ST 8 DWINDLE MIST
2ND 6 WISHES STAR
3RD 7 EYREWELL PEGASUS
4TH 16 DRAGON LADY
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison, stipendiary steward, demonstrated on the videos that in his opinion DWINDLE MIST had moved outwards at the 2100 metre mark and WHENDABOYSLITEUP was forced 3 wide briefly. Mr Jenkins, driving FLYING BUCK was also briefly forced wider on the track. Mr Allison stated he believed the respondent had moved out in breach of the push-out rule as the nose of FLYING BUCK was outside the cart of the respondent when Mr Williamson moved wider on the track.
Mr Lowe gave evidence that he was going to go 3 wide to sit parked and that the respondent’s actions had not affected his run other than he was forced wide for 50 metres. His horse had eventually tired and finished well back.
Mr Jenkins, driver of FLYING BUCK, stated that his horse was over-racing and that had made Mr Williamson’s actions look worse. He said his intention was always to follow the respondent as his view was that DWINDLE MIST was the horse to beat in the race. He said he was out for a little while, perhaps 20 to 30 metres, due to the respondent shifting wider. When questioned by the committee as to whether his horse had progressed to outside the respondent’s wheel when the respondent moved outwards, he said he was “right on” the wheel but could not be sure he was ahead of it. He added his chances at the end of the day were not affected.
Mr Williamson said he was one out and that Mr Lowe was never 4 wide, he was 3 wide. He said Mr Jenkins had had to ease to get a run behind him and that Mr Jenkins was never gaining ground on him when he had moved outwards. He questioned whether Mr Jenkins was ever on his wheel anyway. He believed he was one-off before Mr Jenkins came up. He emphasised FLYING BUCK was keen and was over-racing and that was why it had appeared to check.
reasonsfordecision:
We are satisfied that DWINDLE MIST has moved wider on the track. The video evidence is inconclusive as to whether this move was in breach of r 869(6)(b) and (c). Mr Jenkins is also unsure as to whether the nose of FLYING BUCK was outside the cart of DWINDLE MIST at the relevant time. It was there-abouts in his opinion. Both he and Mr Lowe are adamant that their chances were not affected. They had obtained runs that they were looking for anyway and they had been forced wider on the track only briefly. Both horses were well tried and neither horse had run in a dividend bearing position.
Decision:
In these circumstances we exercise our discretion and dismiss the protest.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(6)(b) and (c)
Informant: Mr C Allison, Stipendiary steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Jenkins, driver of FLYING BUCK, Mr W Lowe, driver of WHENDABOYSLITEUP
Respondent: Mr P Williamson, Open horseman
StipendSteward:
raceid: 6318dbd2fd0247f76af0eb2b03954d3a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f77e8d6d0f39f75efb1dbcdf754b9439
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/02/2013
meet_title: Waikouaiti HRC - 10 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikouaiti-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Waikouaiti HRC