Cambridge – Te Awamutu HRC – 1 October 2009 – Race 7
ID: JCA18531
Hearing Type (Code):
harness-racing
Meet Title:
Cambridge - Te Awamutu HRC - 1 October 2009
Race Date:
2009/10/01
Race Number:
Race 7
Decision:
Under Rule 869 (4a) and (8) An information instigating a protest filed by Stipendiary Steward Mr J Muirhead on behalf of the horse DIAMOND MIGHT, driven by Mr M McKendry, placed 9th by the judge, against QUEEN OF HEAVEN, driven by Mr T Herlihy, placed 3rd by the judge, on the grounds of interference shortly after the start.
--
Under Rule 869 (4a) and (8) An information instigating a protest filed by Stipendiary Steward Mr J Muirhead on behalf of the horse DIAMOND MIGHT, driven by Mr M McKendry, placed 9th by the judge, against QUEEN OF HEAVEN, driven by Mr T Herlihy, placed 3rd by the judge, on the grounds of interference shortly after the start.
--Mr Herlihy, who is also the trainer of QUEEN OF HEAVEN, endorsed the information on behalf of the connections “I DO NOT CONTEST PROTEST”.
--The video film of the incident was not available for viewing by the Committee. Mr Herlihy told the Registrar that he did not wish to be present at the hearing.
Mr Muirhead said he had been able to show the video film of the incident to Mr Herlihy. He said QUEEN OF HEAVEN broke at the start and bore down inwards on to DIAMOND MIGHT which broke and lost a considerable amount of ground – its chances were effectively eliminated. QUEEN OF HEAVEN quickly regained its gait and raced very well to finish 3rd.
DECISION AND REASONS
--The Committee accepted the evidence of Mr Muirhead – the actions of Mr Herlihy clearly indicated he also accepted that evidence. QUEEN OF HEAVEN has breached Rule 869 (4A) by causing interference to DIAMOND MIGHT and in so doing interfered with the progress and chance of that horse as referred to in Rule 869 (8) (b). The Committee thus has a discretion as to whether or not to relegate QUEEN OF HEAVEN to immediately behind DIAMOND MIGHT. The Committee exercises that discretion because the chances of DIAMOND MIGHT were effectively eliminated by the interference, the amended placings then being :
--1st PERFECT CULLEN
2nd GREG BRYDON
3rd SWAPS
4th GLOW
5th FOREVER LOYAL
6th AWESOME ARMBRO
B J Rowe B Scott
Chairman
13105 Protest
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: 0ef332a4eca3485c93eafc574291698b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 01/10/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge - Te Awamutu HRC - 1 October 2009 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Under Rule 869 (4a) and (8) An information instigating a protest filed by Stipendiary Steward Mr J Muirhead on behalf of the horse DIAMOND MIGHT, driven by Mr M McKendry, placed 9th by the judge, against QUEEN OF HEAVEN, driven by Mr T Herlihy, placed 3rd by the judge, on the grounds of interference shortly after the start.
--
Under Rule 869 (4a) and (8) An information instigating a protest filed by Stipendiary Steward Mr J Muirhead on behalf of the horse DIAMOND MIGHT, driven by Mr M McKendry, placed 9th by the judge, against QUEEN OF HEAVEN, driven by Mr T Herlihy, placed 3rd by the judge, on the grounds of interference shortly after the start.
--Mr Herlihy, who is also the trainer of QUEEN OF HEAVEN, endorsed the information on behalf of the connections “I DO NOT CONTEST PROTEST”.
--The video film of the incident was not available for viewing by the Committee. Mr Herlihy told the Registrar that he did not wish to be present at the hearing.
Mr Muirhead said he had been able to show the video film of the incident to Mr Herlihy. He said QUEEN OF HEAVEN broke at the start and bore down inwards on to DIAMOND MIGHT which broke and lost a considerable amount of ground – its chances were effectively eliminated. QUEEN OF HEAVEN quickly regained its gait and raced very well to finish 3rd.
DECISION AND REASONS
--The Committee accepted the evidence of Mr Muirhead – the actions of Mr Herlihy clearly indicated he also accepted that evidence. QUEEN OF HEAVEN has breached Rule 869 (4A) by causing interference to DIAMOND MIGHT and in so doing interfered with the progress and chance of that horse as referred to in Rule 869 (8) (b). The Committee thus has a discretion as to whether or not to relegate QUEEN OF HEAVEN to immediately behind DIAMOND MIGHT. The Committee exercises that discretion because the chances of DIAMOND MIGHT were effectively eliminated by the interference, the amended placings then being :
--1st PERFECT CULLEN
2nd GREG BRYDON
3rd SWAPS
4th GLOW
5th FOREVER LOYAL
6th AWESOME ARMBRO
B J Rowe B Scott
Chairman
13105 Protest
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4A, 869.8.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c1ea91a302ba31145a3ee2b795c98bb0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 784212150f48c9368dc2fb7ec96f49e6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/10/2009
meet_title: Cambridge - Te Awamutu HRC - 1 October 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Cambridge - Te Awamutu HRC