Auckland TC – 3 November 2006 – Race 8
ID: JCA18679
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 3 November 2006
Race Date:
2006/11/03
Race Number:
Race 8
Decision: --
Following Race 8 Stipendiary Steward Mr JM Muirhead instigated a protest into the second placing of Smoke n Mirrors (Driver J Abernethy) on the grounds of causing interference to Bute Sister (Driver JW Cox) placed ninth
----
Following Race 8 Stipendiary Steward Mr JM Muirhead instigated a protest into the second placing of Smoke n Mirrors (Driver J Abernethy) on the grounds of causing interference to Bute Sister (Driver JW Cox) placed ninth by the Judge and Twilight Beauty (Driver AG Herlihy) placed fifth by the Judge.
----Mr DEB Gale (Trainer) and Mr J Abernethy (Driver) were present to represent the connections of Smoke n Mirrors.
----The protest was based on the provisions of Rule 869 and paragraph 4 of that Rule is particularly relevant. That paragraph states as follows:
--------"No horseman nor any horse shall during any race do anything that interferes or is likely to interfere with any other horseman and/or horse or its progress."
----Evidence was given by Stipendiary Steward Mr JM Muirhead and he stated that he witnessed the incident from the Stipendiary Steward's position opposite the winning post. He had a good view of the incident and stated that Mr Abernethy was looking to move inwards on the first turn and believed that Mr Abernethy was trying to follow Rhythmic Rose driven by Mr BM Mangos. In Mr Muirhead's view Mr Abernethy moved inwards and there appeared to leave insufficient room for the horses inside him. Mr Muirhead said that even from his position he could hear Mr Cox the Driver of Bute Sister calling out for room and Mr Muirhead was clearly of the opinion that the inwards movement by Mr Abernethy and his horse tightened up Bute Sister and pushed that horse in onto Twilight Beauty with both those horses suffering interference.
----Mr Muirhead then demonstrated the incident by use of video film and in responding to questions from Mr Gale and Mr Abernethy, Mr Muirhead was firmly of the view that Mr Abernethy and his horse had caused the incident.
----Mr Muirhead then called JW Cox the Driver of Bute Sister to give evidence and he stated that going into the first turn he was subject to pressure from the outside. He also said that he called out to Mr Abernethy to give him room but that Mr Abernethy reacted too late. Mr Cox said that his sulky came into contact with the sulky of Mr Herlihy on the inside and Mr Herlihy had called out to him for room. In Mr Cox's view Mr Abernethy caused the tightening which resulted in the interference.
----In response to questions from Mr Gale, Mr Cox confirmed that there was no contact between his horse and Mr Abernethy's horse although he confirmed contact with Mr Herlihy's sulky. Mr Cox said that he was endeavouring to pull back but that his horse wasn?t helping that situation.
----Mr Cox however confirmed that his horse broke because it ran out of room and it had made contact with the horse on the inside.
----Mr Abernethy then gave evidence and he confirmed that he was following Mr Mangos on Rhythmic Rose. Mr Mangos had moved in ahead of him and Mr Abernethy thought that he was sufficiently clear. He acknowledged that Mr Cox called out and he said that he reacted but it was perhaps too late.
----Mr Gale then gave evidence and he made use of the film and particularly the head on view. Mr Gale endeavoured to show that the horse that had drawn one and the horse that was one on the second line had both moved into the passing lane and subsequently moved out near the winning post and they contributed to the incident. Mr Gale maintained that there was no contact although he believed that there may have been come crowding but Mr Gale did not think that his horse had cause interference.
----Mr Muirhead sought disqualification of Smoke n Mirrors from second place.
----DECISION
----The Committee viewed the film of the incident several times and had the benefit of being able to view the incident from different angles. After listening to the evidence and the submissions from the parties in the enquiry the Committee finds that Smoke n Mirrors driven by Mr J Abernethy moved inwards when there was insufficient room and tightened Bute Sister onto Twilight Beauty causing interference to both horses.
----There was clear evidence of interference in the Committee's view and this was caused by Smoke n Mirrors driven by Mr Abernethy.
----Having regard to the Rule and in particular paragraph 4 we find as follows:
--------A. Smoke n Mirrors caused interference to Bute Sister and Twilight Beauty as a result of an inwards movement through the first turn of the race.
----B. The horses drawn one and one on the second line did not contribute to the incident as suggested by Mr Gale.
----C. Contact is not an essential element to occur.
----D. The interference by Smoke n Mirrors did occur to such a degree as to satisfy the provisions of Rule 869.
----Having taken those matters into account as well as the evidence as a whole and the submissions made the Committee upholds the protest and Smoke n Mirrors is accordingly disqualified from second position in the Wireplus Mobile Pace. The placings are accordingly amended to 5, 3, 9, 1, 8, 7.
------
BJ Scott EF Doherty
------Chairman
------
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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: 14af168f5d251d02fc7f8c72c37c33cd
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 03/11/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 3 November 2006 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following Race 8 Stipendiary Steward Mr JM Muirhead instigated a protest into the second placing of Smoke n Mirrors (Driver J Abernethy) on the grounds of causing interference to Bute Sister (Driver JW Cox) placed ninth
----
Following Race 8 Stipendiary Steward Mr JM Muirhead instigated a protest into the second placing of Smoke n Mirrors (Driver J Abernethy) on the grounds of causing interference to Bute Sister (Driver JW Cox) placed ninth by the Judge and Twilight Beauty (Driver AG Herlihy) placed fifth by the Judge.
----Mr DEB Gale (Trainer) and Mr J Abernethy (Driver) were present to represent the connections of Smoke n Mirrors.
----The protest was based on the provisions of Rule 869 and paragraph 4 of that Rule is particularly relevant. That paragraph states as follows:
--------"No horseman nor any horse shall during any race do anything that interferes or is likely to interfere with any other horseman and/or horse or its progress."
----Evidence was given by Stipendiary Steward Mr JM Muirhead and he stated that he witnessed the incident from the Stipendiary Steward's position opposite the winning post. He had a good view of the incident and stated that Mr Abernethy was looking to move inwards on the first turn and believed that Mr Abernethy was trying to follow Rhythmic Rose driven by Mr BM Mangos. In Mr Muirhead's view Mr Abernethy moved inwards and there appeared to leave insufficient room for the horses inside him. Mr Muirhead said that even from his position he could hear Mr Cox the Driver of Bute Sister calling out for room and Mr Muirhead was clearly of the opinion that the inwards movement by Mr Abernethy and his horse tightened up Bute Sister and pushed that horse in onto Twilight Beauty with both those horses suffering interference.
----Mr Muirhead then demonstrated the incident by use of video film and in responding to questions from Mr Gale and Mr Abernethy, Mr Muirhead was firmly of the view that Mr Abernethy and his horse had caused the incident.
----Mr Muirhead then called JW Cox the Driver of Bute Sister to give evidence and he stated that going into the first turn he was subject to pressure from the outside. He also said that he called out to Mr Abernethy to give him room but that Mr Abernethy reacted too late. Mr Cox said that his sulky came into contact with the sulky of Mr Herlihy on the inside and Mr Herlihy had called out to him for room. In Mr Cox's view Mr Abernethy caused the tightening which resulted in the interference.
----In response to questions from Mr Gale, Mr Cox confirmed that there was no contact between his horse and Mr Abernethy's horse although he confirmed contact with Mr Herlihy's sulky. Mr Cox said that he was endeavouring to pull back but that his horse wasn?t helping that situation.
----Mr Cox however confirmed that his horse broke because it ran out of room and it had made contact with the horse on the inside.
----Mr Abernethy then gave evidence and he confirmed that he was following Mr Mangos on Rhythmic Rose. Mr Mangos had moved in ahead of him and Mr Abernethy thought that he was sufficiently clear. He acknowledged that Mr Cox called out and he said that he reacted but it was perhaps too late.
----Mr Gale then gave evidence and he made use of the film and particularly the head on view. Mr Gale endeavoured to show that the horse that had drawn one and the horse that was one on the second line had both moved into the passing lane and subsequently moved out near the winning post and they contributed to the incident. Mr Gale maintained that there was no contact although he believed that there may have been come crowding but Mr Gale did not think that his horse had cause interference.
----Mr Muirhead sought disqualification of Smoke n Mirrors from second place.
----DECISION
----The Committee viewed the film of the incident several times and had the benefit of being able to view the incident from different angles. After listening to the evidence and the submissions from the parties in the enquiry the Committee finds that Smoke n Mirrors driven by Mr J Abernethy moved inwards when there was insufficient room and tightened Bute Sister onto Twilight Beauty causing interference to both horses.
----There was clear evidence of interference in the Committee's view and this was caused by Smoke n Mirrors driven by Mr Abernethy.
----Having regard to the Rule and in particular paragraph 4 we find as follows:
--------A. Smoke n Mirrors caused interference to Bute Sister and Twilight Beauty as a result of an inwards movement through the first turn of the race.
----B. The horses drawn one and one on the second line did not contribute to the incident as suggested by Mr Gale.
----C. Contact is not an essential element to occur.
----D. The interference by Smoke n Mirrors did occur to such a degree as to satisfy the provisions of Rule 869.
----Having taken those matters into account as well as the evidence as a whole and the submissions made the Committee upholds the protest and Smoke n Mirrors is accordingly disqualified from second position in the Wireplus Mobile Pace. The placings are accordingly amended to 5, 3, 9, 1, 8, 7.
------
BJ Scott EF Doherty
------Chairman
------
--
--
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 922bb16709531567c4cac44907417601
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
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race_km:
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meetid: 0ee4540fcf307f6a54dbcc59aa2cbecc
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/11/2006
meet_title: Auckland TC - 3 November 2006
meet_expappcomment:
meet_km:
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tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
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name: Auckland TC