Westport TC – 28 December 2005 – Race 3
ID: JCA18878
Hearing Type (Code):
harness-racing
Meet Title:
Westport TC - 28 December 2005
Race Date:
2005/12/28
Race Number:
Race 3
Decision:
Following the running of Race 3 a protest was lodged by the stipendiary stewards against 1st placing being awarded to THE RUSTLER (R D Holmes).
Following the running of Race 3 a protest was lodged by the stipendiary stewards against 1st placing being awarded to THE RUSTLER (R D Holmes).
--It was alleged that THE RUSTLER ran inside the pylons in the run home and took a run that it was not entitled to. The protest being bought under Rule 869 (7a) and (8) and the passing lane and false rail regulations.
--Prior to the hearing of submissions Mr Holmes advised that he would be the only connection of THE RUSTLER attending the hearing.
--When presenting her evidence Mrs Williams called stipendiary steward N McIntyre to demonstrate the incident by way of the films of the race.
--It was Mrs Williams contention that when THE RUSTLER moved inside the race leader DAY OF RECKONING to make its finishing run it did not have sufficient room to complete the manoeuvre and as a result THE RUSTLER made contact with one marker peg and ran over another.
--Mrs Williams also contended that Mr Holmes took a risk when moving to the inside and that the room Mr Holmes anticipated coming did not eventuate.
--She further submitted that THE RUSTLER be relegated behind those horses that it gained an advantage over by way of its conduct.
--Mr Holmes, when presenting his submission, argued that although the gap he took was tight it nevertheless existed and as such he had entitlement to it.
--He acknowledged that he had brushed one marker and run over the second however he was adamant that this occurred subsequent to him passing the then leader DAY OF RECKONING. He further submitted that an inward movement of DAY OF RECKONING, which dictated his line, caused the striking of the markers.
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DECISION AND REASON.
--The committee finds that shortly after turning for home THE RUSTLER, who has been trailing the race leader DAY OF RECKONING, has moved down inside this horse to make its finishing run. THE RUSTLER has then made ground to a point where it has drawn level with DAY OF RECKONING.
--While it is acknowledged that the gap, at the point when THE RUSTLER moved down to commence its finishing run, was marginal it nevertheless in the committee's view existed.
--It is of considerable significance that at the point where the THE RUSTLER has drawn level with DAY OF RECKONING that there is a discernible distance between the outside wheel of THE RUSTLER and the inside wheel of DAY OF RECKONING. Similarly there is a separation between the inside wheel of THE RUSTLER and the line of the marker pegs, and in the committee's view entitlement existed for THE RUSTLER to progress on this line.
--It is of importance that at this point in the race no pegs have been contacted.
--The contacting of the marker pegs has occurred after the creation of the gap and has been, in the committee's view, as the result of a slight inwards movement of DAY OF RECKONING which has forced THE RUSTLER inwards slightly.
--This slight inwards movement has only been a matter of inches however as these horses have been running in very tight quarters this movement, in the committee's view, has been the difference of striking the markers or missing them.
--The committee finds that once the gap had been created, and THE RUSTLER had committed to it, then he should have been able to be rely upon it through to the finish of the race.
--Therefore after carefully considering all that has been adduced the committee is, in this case, not going to exercise its discretion to amend the placing's and accordingly the protest is dismissed.
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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: 1c0e2c3621b4d5530bcd2fcd3527721c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/12/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Westport TC - 28 December 2005 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 3 a protest was lodged by the stipendiary stewards against 1st placing being awarded to THE RUSTLER (R D Holmes).
Following the running of Race 3 a protest was lodged by the stipendiary stewards against 1st placing being awarded to THE RUSTLER (R D Holmes).
--It was alleged that THE RUSTLER ran inside the pylons in the run home and took a run that it was not entitled to. The protest being bought under Rule 869 (7a) and (8) and the passing lane and false rail regulations.
--Prior to the hearing of submissions Mr Holmes advised that he would be the only connection of THE RUSTLER attending the hearing.
--When presenting her evidence Mrs Williams called stipendiary steward N McIntyre to demonstrate the incident by way of the films of the race.
--It was Mrs Williams contention that when THE RUSTLER moved inside the race leader DAY OF RECKONING to make its finishing run it did not have sufficient room to complete the manoeuvre and as a result THE RUSTLER made contact with one marker peg and ran over another.
--Mrs Williams also contended that Mr Holmes took a risk when moving to the inside and that the room Mr Holmes anticipated coming did not eventuate.
--She further submitted that THE RUSTLER be relegated behind those horses that it gained an advantage over by way of its conduct.
--Mr Holmes, when presenting his submission, argued that although the gap he took was tight it nevertheless existed and as such he had entitlement to it.
--He acknowledged that he had brushed one marker and run over the second however he was adamant that this occurred subsequent to him passing the then leader DAY OF RECKONING. He further submitted that an inward movement of DAY OF RECKONING, which dictated his line, caused the striking of the markers.
----
DECISION AND REASON
.--The committee finds that shortly after turning for home THE RUSTLER, who has been trailing the race leader DAY OF RECKONING, has moved down inside this horse to make its finishing run. THE RUSTLER has then made ground to a point where it has drawn level with DAY OF RECKONING.
--While it is acknowledged that the gap, at the point when THE RUSTLER moved down to commence its finishing run, was marginal it nevertheless in the committee's view existed.
--It is of considerable significance that at the point where the THE RUSTLER has drawn level with DAY OF RECKONING that there is a discernible distance between the outside wheel of THE RUSTLER and the inside wheel of DAY OF RECKONING. Similarly there is a separation between the inside wheel of THE RUSTLER and the line of the marker pegs, and in the committee's view entitlement existed for THE RUSTLER to progress on this line.
--It is of importance that at this point in the race no pegs have been contacted.
--The contacting of the marker pegs has occurred after the creation of the gap and has been, in the committee's view, as the result of a slight inwards movement of DAY OF RECKONING which has forced THE RUSTLER inwards slightly.
--This slight inwards movement has only been a matter of inches however as these horses have been running in very tight quarters this movement, in the committee's view, has been the difference of striking the markers or missing them.
--The committee finds that once the gap had been created, and THE RUSTLER had committed to it, then he should have been able to be rely upon it through to the finish of the race.
--Therefore after carefully considering all that has been adduced the committee is, in this case, not going to exercise its discretion to amend the placing's and accordingly the protest is dismissed.
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.7A
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f24a2e102221ca0db28523fdce1b92ea
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c353b565ae7ca358165eaddc761dc207
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2005
meet_title: Westport TC - 28 December 2005
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Westport TC