Thames HRC 16 October 2010 – R 5 (instigating a protest)
ID: JCA19673
Hearing Type (Code):
harness-racing
Meet Title:
Thames HRC - 16 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/16
Race Number:
R 5
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr JM Muirhead
--Defendant: N/A
--Information No: 13845 (Instigating a protest)
--Meeting: Thames Harness Racing Club
--Date: 16 October 2010
--Venue: Alexandra Park Raceway, Auckland
--Race: 5
--Rule No: 869
--Judicial Committee: BJ Scott, Chairman - GR Jones, Committee Member
----
FACTS:
--An Information was lodged by Stipendiary Steward Mr JM Muirhead instigating a protest against the 4th placing of Another Impact on the grounds of causing interference to the 10th placed horse Whatawee Babe (Driver IJ Brownlee) on the grounds of causing interference to Whatawee Babe with 250m to run.
----
Present were Mrs C McGowan part Owner and Co-Trainer of Another Impact and Mr AG Herlihy the Driver of another Impact.
----
Mr IJ Brownlee the Trainer Driver of Whatawee Babe was also present.
----
Mr Herlihy at the outset acknowledged that interference to Whatawee Babe had taken place. He said that just before he pulled the cord for the ear plugs a stone had flown up from the track and got under his glasses and temporarily affected his vision. He said that as a result he pulled on his horse’s tail rather than the cord and this caused his horse to move in. He did say however that his horse was travelling better than Mr Brownlees and did not deserve to be put out.
----
It was pointed out to Mr Herlihy that the Committee had the task of assessing whether Mr Brownlee’s chances were affected or not.
----
Mr Muirhead showed the video of the race and showed that just on the home turn Whatawee Babe was racing inside Another Impact and Mr Brownlee tried to move up into a gap on the inside of Another Impact and that horse moved inwards and caused Mr Brownlee’s horse to break. In Mr Muirhead’s view the chances of Whatawee Babe were affected by this interference and accordingly he submitted the protest should be upheld.
----
Mr Brownlee gave evidence and he confirmed that there had been interference to his horse and that caused it to break. He said that at the time he was just getting into the race but he did say that his horse would not have beaten Mr Herlihy’s horse.
----
DECISION AND REASONS:
--The Committee viewed the films of the incident several times and had the advantage of looking at the incident from several different angles. It was accepted by all parties that interference had taken place and the Committee then had to assess the effect of that interference. We have been told by Mr Brownlee that his horse would not have beaten Mr Herlihy’s horse and we can also establish that by viewing the films. In terms of Rule 869(8) we do not believe that Another Impact gained any advantage by its inwards movement on the home turn.
----
In assessing the evidence presented to us and in our viewing of the films we also do not believe that the chances of Whatawee Babe were affected as a result of the interference caused to it.
----
Taking all these matters into account we dismiss the protest. The placings stand.
----
--
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: 5743ff9d69412fb2f8a3e97261261beb
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Thames HRC 16 October 2010 - R 5 (instigating a protest)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr JM Muirhead
--Defendant: N/A
--Information No: 13845 (Instigating a protest)
--Meeting: Thames Harness Racing Club
--Date: 16 October 2010
--Venue: Alexandra Park Raceway, Auckland
--Race: 5
--Rule No: 869
--Judicial Committee: BJ Scott, Chairman - GR Jones, Committee Member
----
FACTS:
--An Information was lodged by Stipendiary Steward Mr JM Muirhead instigating a protest against the 4th placing of Another Impact on the grounds of causing interference to the 10th placed horse Whatawee Babe (Driver IJ Brownlee) on the grounds of causing interference to Whatawee Babe with 250m to run.
----
Present were Mrs C McGowan part Owner and Co-Trainer of Another Impact and Mr AG Herlihy the Driver of another Impact.
----
Mr IJ Brownlee the Trainer Driver of Whatawee Babe was also present.
----
Mr Herlihy at the outset acknowledged that interference to Whatawee Babe had taken place. He said that just before he pulled the cord for the ear plugs a stone had flown up from the track and got under his glasses and temporarily affected his vision. He said that as a result he pulled on his horse’s tail rather than the cord and this caused his horse to move in. He did say however that his horse was travelling better than Mr Brownlees and did not deserve to be put out.
----
It was pointed out to Mr Herlihy that the Committee had the task of assessing whether Mr Brownlee’s chances were affected or not.
----
Mr Muirhead showed the video of the race and showed that just on the home turn Whatawee Babe was racing inside Another Impact and Mr Brownlee tried to move up into a gap on the inside of Another Impact and that horse moved inwards and caused Mr Brownlee’s horse to break. In Mr Muirhead’s view the chances of Whatawee Babe were affected by this interference and accordingly he submitted the protest should be upheld.
----
Mr Brownlee gave evidence and he confirmed that there had been interference to his horse and that caused it to break. He said that at the time he was just getting into the race but he did say that his horse would not have beaten Mr Herlihy’s horse.
----
DECISION AND REASONS:
--The Committee viewed the films of the incident several times and had the advantage of looking at the incident from several different angles. It was accepted by all parties that interference had taken place and the Committee then had to assess the effect of that interference. We have been told by Mr Brownlee that his horse would not have beaten Mr Herlihy’s horse and we can also establish that by viewing the films. In terms of Rule 869(8) we do not believe that Another Impact gained any advantage by its inwards movement on the home turn.
----
In assessing the evidence presented to us and in our viewing of the films we also do not believe that the chances of Whatawee Babe were affected as a result of the interference caused to it.
----
Taking all these matters into account we dismiss the protest. The placings stand.
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f3c801632fb0d148256c988eea113910
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: a6fa07a6e96e13cc519f0de36e38425d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/10/2010
meet_title: Thames HRC - 16 October 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: thames-hrc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Thames HRC