Central Otago TC 2 January 2014 – R 5 (instigating a protest 1)
ID: JCA18175
Meet Title:
Central Otago TC - 2 January 2014
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2014/01/02
Race Number:
R 5
Decision:
In these circumstances we are satisfied that the progress and also the chances of HOLM THREE were affected as a result of that horse breaking as a consequence of contact due inwards movement from MCCOVEY COVE.
Amended placings are:
1ST - 1 JAY TEE
2ND - 4 HOLM THREE
3RD - 7 MCCOVEY COVE
4TH - 5 LEONARDO
Dividends and stakes are to be paid accordingly.
Facts:
At the conclusion of Race 5, the GALLAGHER FAMILY GOLD CUP/ FLOORING XTRA PACE, an information was lodged by Mr Allison under 869(8)(b) alleging interference to horse No 4 HOLM THREE (H Hunter), which was placed 3rd by the Judge, by horse No 7 MCCOVEY COVE (K Barron) placed 1st. The allegation was that MCCOVEY COVE shifted ground inwards over the final stages checking HOLM THREE which broke.
Judge’s placings were:
1ST - 7 MCCOVEY COVE
2ND - 1 JAY TEE
3RD - 4 HOLM THREE
4TH - 5 LEONARDO
The official margins were 1 1/4 lengths; 1 1/4 lengths; ¾ of a length.
Rule 869(8) states:
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 1003 thereof place any horse which:
(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.
The films were not available in the stipendiary stewards room and the hearing of this matter was conducted in the confined spaces of the Trackside van.
Submissions for Decision:
Mr Allison demonstrated on the side on and head on videos that some 30 metres from the winning post MCCOVEY COVE shifted inwards and came into contact with HOLM THREE, which broke. He said he believed there was no doubt that MCCOVEY COVE had interfered with HOLM THREE but said an issue for the Committee to consider was whether HOLM THREE was going to finish 2nd had it not suffered interference.
Mr Hunter stated that HOLM THREE had broken when MCCOVEY COVE had shifted inwards and its sulky wheel had come into contact with the back leg of his horse. He said this occurred as HOLM THREE and MCCOVEY COVE were vying for second when JAY TEE had improved in the passing lane. When questioned as to whether his horse would have beaten JAY TEE he said he could not answer this but emphasised his horse was still giving at the time it suffered interference and certainly had not come to the end of its run.
Mr Barron demonstrated on the head on video that shortly after straightening HOLM THREE was laying out on to MCCOVEY COVE. He submitted that the movement from MCCOVEY COVE was in response to this earlier movement. Mr Barron also submitted that HOLM THREE was always going to finish behind JAY TEE. In that respect he submitted that HOLM THREE’s chances were not affected.
Reasons for Decision:
We are satisfied that HOLM THREE suffered interference as a consequence of MCCOVEY COVE shifting inwards some 30 metres from the winning post impeding HOLM THREE’s progress and causing that horse to break. This was a quite sudden and pronounced inwards movement and we are satisfied it was not because of any outwards pressure that allegedly had been continued to be applied to MCCOVEY COVE by HOLM THREE.
Mr Barron has also said HOLM THREE was always going to finish behind JAY TEE. We have studied the videos carefully and are satisfied that while JAY TEE had mounted a strong run in the passing lane and had initially surged ahead of both HOLM THREE and MCCOVEY COVE, at the time HOLM THREE broke JAY TEE was no longer finishing appreciably faster than MCCOVEY COVE and HOLM THREE. MCCOVEY COVE was able to reel in JAY TEE relatively easily just before the line. Mr Hunter has said that his horse was still giving before it suffered interference and was unable to state with any confidence whether he would have finished 2nd or 3rd had interference not occurred.
The Rule provides that we have a discretion to exercise where a horse’s chances or progress is interfered with. Clearly the progress of HOLM THREE was stopped as a consequence of the interference. The horse has broken from its gait and lost ground. In addition, we are not satisfied that Mr Barron is correct when he alleges JAY TEE was always going to finish ahead of HOLM THREE had the interference not occurred.
We have studied the films carefully and from the angles available we could not confidently form the opinion that HOLM THREE would have not finished ahead of JAY TEE had the interference not occurred.
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: f735fc63f5f7e7c1c41a2edb3ab67e6c
informantnumber: A5945
horsename: MCCOVEY COVE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/01/2014
hearing_title: Central Otago TC 2 January 2014 - R 5 (instigating a protest 1)
charge:
facts:
At the conclusion of Race 5, the GALLAGHER FAMILY GOLD CUP/ FLOORING XTRA PACE, an information was lodged by Mr Allison under 869(8)(b) alleging interference to horse No 4 HOLM THREE (H Hunter), which was placed 3rd by the Judge, by horse No 7 MCCOVEY COVE (K Barron) placed 1st. The allegation was that MCCOVEY COVE shifted ground inwards over the final stages checking HOLM THREE which broke.
Judge’s placings were:
1ST - 7 MCCOVEY COVE
2ND - 1 JAY TEE
3RD - 4 HOLM THREE
4TH - 5 LEONARDO
The official margins were 1 1/4 lengths; 1 1/4 lengths; ¾ of a length.
Rule 869(8) states:
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 1003 thereof place any horse which:
(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.
The films were not available in the stipendiary stewards room and the hearing of this matter was conducted in the confined spaces of the Trackside van.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison demonstrated on the side on and head on videos that some 30 metres from the winning post MCCOVEY COVE shifted inwards and came into contact with HOLM THREE, which broke. He said he believed there was no doubt that MCCOVEY COVE had interfered with HOLM THREE but said an issue for the Committee to consider was whether HOLM THREE was going to finish 2nd had it not suffered interference.
Mr Hunter stated that HOLM THREE had broken when MCCOVEY COVE had shifted inwards and its sulky wheel had come into contact with the back leg of his horse. He said this occurred as HOLM THREE and MCCOVEY COVE were vying for second when JAY TEE had improved in the passing lane. When questioned as to whether his horse would have beaten JAY TEE he said he could not answer this but emphasised his horse was still giving at the time it suffered interference and certainly had not come to the end of its run.
Mr Barron demonstrated on the head on video that shortly after straightening HOLM THREE was laying out on to MCCOVEY COVE. He submitted that the movement from MCCOVEY COVE was in response to this earlier movement. Mr Barron also submitted that HOLM THREE was always going to finish behind JAY TEE. In that respect he submitted that HOLM THREE’s chances were not affected.
reasonsfordecision:
We are satisfied that HOLM THREE suffered interference as a consequence of MCCOVEY COVE shifting inwards some 30 metres from the winning post impeding HOLM THREE’s progress and causing that horse to break. This was a quite sudden and pronounced inwards movement and we are satisfied it was not because of any outwards pressure that allegedly had been continued to be applied to MCCOVEY COVE by HOLM THREE.
Mr Barron has also said HOLM THREE was always going to finish behind JAY TEE. We have studied the videos carefully and are satisfied that while JAY TEE had mounted a strong run in the passing lane and had initially surged ahead of both HOLM THREE and MCCOVEY COVE, at the time HOLM THREE broke JAY TEE was no longer finishing appreciably faster than MCCOVEY COVE and HOLM THREE. MCCOVEY COVE was able to reel in JAY TEE relatively easily just before the line. Mr Hunter has said that his horse was still giving before it suffered interference and was unable to state with any confidence whether he would have finished 2nd or 3rd had interference not occurred.
The Rule provides that we have a discretion to exercise where a horse’s chances or progress is interfered with. Clearly the progress of HOLM THREE was stopped as a consequence of the interference. The horse has broken from its gait and lost ground. In addition, we are not satisfied that Mr Barron is correct when he alleges JAY TEE was always going to finish ahead of HOLM THREE had the interference not occurred.
We have studied the films carefully and from the angles available we could not confidently form the opinion that HOLM THREE would have not finished ahead of JAY TEE had the interference not occurred.
Decision:
In these circumstances we are satisfied that the progress and also the chances of HOLM THREE were affected as a result of that horse breaking as a consequence of contact due inwards movement from MCCOVEY COVE.
Amended placings are:
1ST - 1 JAY TEE
2ND - 4 HOLM THREE
3RD - 7 MCCOVEY COVE
4TH - 5 LEONARDO
Dividends and stakes are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr H Hunter - Driver of HOLM THREE
Respondent: Mr K Barron - Open Horseman Driver of MCCOVEY COVE
StipendSteward:
raceid: 6619596d37539c331b68c742b847cd89
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fc541c2817a1ce1fd2d2f5c1d9b30680
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/01/2014
meet_title: Central Otago TC - 2 January 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: central-otago-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Central Otago TC