Archive Decision

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Auckland TC 31 December 2012 – R 4 (instigating a protest)

ID: JCA18220

Applicant:
Mr JM Muirhead - Stipendiary Steward

Respondent(s):
Mr M Purdon - Trainer and Driver of LIVING THE DREAM

Information Number:
A2372

Hearing Type:
Protest

Rules:
Rule 869(8)

Meet Title:
Auckland TC - 31 December 2012

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2012/12/31

Race Number:
R4

Decision:

The Protest not being contested is accordingly upheld and the Committee orders that LIVING THE DREAM be relegated from 2nd place to behind REALATTHETIME.

The amended placings are now:

1st - 3 THREE JEWELS

2nd - 4 ATHENA MATAI

3rd - 7 VEGAS DELIGHT

4th - 8 EL SUELA

5th - 6 SOVEREIGN FAITH

6th - 5 BETTOR ROMANCE

It was ordered that Dividends and Stakes be paid in accordance with the amended placings.

Facts:

An Information instigating a Protest was lodged by Stipendiary Steward, Mr JM Muirhead against the 2nd placing of LIVING THE DREAM on the grounds of causing interference to REALATTHETIME (placed 8th by the Judge ) in the early stages of the Race by shifting out just after the start causing crowding to REALATTHETIME causing that horse to break and lose its chance.

Messrs Purdon, Neal and Stormont were present at the Hearing and they confirmed to the Committee that they represented the connections of their respective horses.

Mr Muirhead advised the Committee that he reserved the right to lodge a Protest against any other horse in the Race.

Mr Purdon advised the Committee that the Protest was contested.

Mr Muirhead demonstrated the incident by use of the video films. He showed where LIVING THE DREAM , REALATTHETIME and THREE JEWELS drew 1,2 and 3 respectively. He said that at the start LIVING THE DREAM ran out and sqeezed up REALATTHETIME and that horse broke and lost it's chance. He said that THREE JEWELS moved in slightly but it was Mr Purdon's horse that caused the problem. He did not blame Mr Purdon.

Mr Stormont said that the gap closed quickly on him and he ran out of room. He was not sure whether there was contact but his horse was squeezed up and as a result, it broke.

Mr Neal said that his horse ran reasonably straight but that Mr Purdon's horse ran out. He also pointed out that Mr Purdon was driving a new speed sulky whereas Mr Stormont was in a conventional sulky and the problem was that the shaft of Mr Purdon's sulky was able to go underneath the shaft of Mr Stormont's sulky and contribute to the problem.

Mr Purdon said that he agreed with Mr Muirhead's evidence and that he had summed it up well. He said that the his horse was largely to blame.

Submissions for Decision:

Mr Purdon was again asked if he contested the Protest and he advised the Committee that he did not contest it.

Reasons for Decision:

The Protest is not contested.

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: fd7d870062b51e163213d63c9fac65cd


informantnumber: A2372


horsename: LIVING THE DREAM


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/12/2012


hearing_title: Auckland TC 31 December 2012 - R 4 (instigating a protest)


charge:


facts:

An Information instigating a Protest was lodged by Stipendiary Steward, Mr JM Muirhead against the 2nd placing of LIVING THE DREAM on the grounds of causing interference to REALATTHETIME (placed 8th by the Judge ) in the early stages of the Race by shifting out just after the start causing crowding to REALATTHETIME causing that horse to break and lose its chance.

Messrs Purdon, Neal and Stormont were present at the Hearing and they confirmed to the Committee that they represented the connections of their respective horses.

Mr Muirhead advised the Committee that he reserved the right to lodge a Protest against any other horse in the Race.

Mr Purdon advised the Committee that the Protest was contested.

Mr Muirhead demonstrated the incident by use of the video films. He showed where LIVING THE DREAM , REALATTHETIME and THREE JEWELS drew 1,2 and 3 respectively. He said that at the start LIVING THE DREAM ran out and sqeezed up REALATTHETIME and that horse broke and lost it's chance. He said that THREE JEWELS moved in slightly but it was Mr Purdon's horse that caused the problem. He did not blame Mr Purdon.

Mr Stormont said that the gap closed quickly on him and he ran out of room. He was not sure whether there was contact but his horse was squeezed up and as a result, it broke.

Mr Neal said that his horse ran reasonably straight but that Mr Purdon's horse ran out. He also pointed out that Mr Purdon was driving a new speed sulky whereas Mr Stormont was in a conventional sulky and the problem was that the shaft of Mr Purdon's sulky was able to go underneath the shaft of Mr Stormont's sulky and contribute to the problem.

Mr Purdon said that he agreed with Mr Muirhead's evidence and that he had summed it up well. He said that the his horse was largely to blame.


appealdecision:


isappeal:


submissionsfordecision:

Mr Purdon was again asked if he contested the Protest and he advised the Committee that he did not contest it.


reasonsfordecision:

The Protest is not contested.


Decision:

The Protest not being contested is accordingly upheld and the Committee orders that LIVING THE DREAM be relegated from 2nd place to behind REALATTHETIME.

The amended placings are now:

1st - 3 THREE JEWELS

2nd - 4 ATHENA MATAI

3rd - 7 VEGAS DELIGHT

4th - 8 EL SUELA

5th - 6 SOVEREIGN FAITH

6th - 5 BETTOR ROMANCE

It was ordered that Dividends and Stakes be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 869(8)


Informant: Mr JM Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: AP Neal - Trainer and Driver of THREE JEWELS, J Stormont - Driver of REALATHETIME


Respondent: Mr M Purdon - Trainer and Driver of LIVING THE DREAM


StipendSteward:


raceid: 66f8e168624034a8ba308fca138ab45a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a5d1075c26b34d3017d98faa9acaf272


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/12/2012


meet_title: Auckland TC - 31 December 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Auckland TC