Kumeu TC – 15 May 2009 – Race 10
ID: JCA19930
Hearing Type (Code):
harness-racing
Meet Title:
Kumeu TC - 15 May 2009
Race Date:
2009/05/15
Race Number:
Race 10
Decision:
An information instigating a protest filed by Stipendiary Steward Mr J Muirhead on behalf of ARODAZ driven by Mr P Baker, placed 8th by the judge, against TRANSCEND driven by Mr P Butcher, placed 3rd by the judge on the grounds of interference shortly after the start. Rule 869 (4A) and (8), 1003 (2).
An information instigating a protest filed by Stipendiary Steward Mr J Muirhead on behalf of ARODAZ driven by Mr P Baker, placed 8th by the judge, against TRANSCEND driven by Mr P Butcher, placed 3rd by the judge on the grounds of interference shortly after the start. Rule 869 (4A) and (8), 1003 (2). Mr Baker represented the connections of ARODAZ and Mr Butcher and co-trainer Mr S Robertson represented the connections of TRANSCEND.
--Mr Muirhead gave evidence of his observations of the incident. He said shortly after the start Mr Baker eased ARODAZ to get on the back of TRANSCEND which then broke free of interference. Mr Baker took evasive action, ARODAZ broke and its chances were badly affected. There was no fault on the part of Mr Butcher. Mr Muirhead showed the video film of the incident. TRANSCEND settled quickly after breaking whereas ARODAZ lost considerable ground and ended up in last position. Mr Baker agreed with the evidence of Mr Muirhead, there was no contact, TRANSCEND’s actions caused ARODAZ to break and lose about 5 lengths. Mr Butcher said there was no contact and that ARODAZ might have overreacted. He questioned whether it would be fair for TRANSCEND to lose its placing. Mr Robertson declined to comment. The official result shows that ARODAZ finished 10.5 lengths from the winner and 9 lengths behind TRANSCEND.
--DECISION AND REASONS
--TRANSCEND caused interference to ARODAZ. That evidence is clear and uncontested. TRANSCEND has thus breached rule 869(4A). The chances and progress of ARODAZ were interfered with. Given those circumstances Rule 869 (8) confers a discretion on the Committee to relegate TRANSCEND and place it immediately after ARODAZ. Rule 1003 (2) confers a discretion on the committee to disqualify TRANSCEND. The interference prevented ARODAZ from properly competing in the race. There was no driver fault. No other horses were affected. For these reasons the committee exercises its discretion to relegate TRANSCEND to 8th place and promote ARODAZ to 7th place, the final placings then being:-
--1st SEAN PHILLIP
2nd LEICA FIGHTER
3RD CAPTAIN MARCUS
4TH SONIC WING
5TH ARDLEY A DIAMOND 6TH MAKSART
B J Rowe
Chairman
13549
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: 4de3ac7afda41248551a320a42233e63
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/05/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 15 May 2009 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information instigating a protest filed by Stipendiary Steward Mr J Muirhead on behalf of ARODAZ driven by Mr P Baker, placed 8th by the judge, against TRANSCEND driven by Mr P Butcher, placed 3rd by the judge on the grounds of interference shortly after the start. Rule 869 (4A) and (8), 1003 (2).
An information instigating a protest filed by Stipendiary Steward Mr J Muirhead on behalf of ARODAZ driven by Mr P Baker, placed 8th by the judge, against TRANSCEND driven by Mr P Butcher, placed 3rd by the judge on the grounds of interference shortly after the start. Rule 869 (4A) and (8), 1003 (2). Mr Baker represented the connections of ARODAZ and Mr Butcher and co-trainer Mr S Robertson represented the connections of TRANSCEND.
--Mr Muirhead gave evidence of his observations of the incident. He said shortly after the start Mr Baker eased ARODAZ to get on the back of TRANSCEND which then broke free of interference. Mr Baker took evasive action, ARODAZ broke and its chances were badly affected. There was no fault on the part of Mr Butcher. Mr Muirhead showed the video film of the incident. TRANSCEND settled quickly after breaking whereas ARODAZ lost considerable ground and ended up in last position. Mr Baker agreed with the evidence of Mr Muirhead, there was no contact, TRANSCEND’s actions caused ARODAZ to break and lose about 5 lengths. Mr Butcher said there was no contact and that ARODAZ might have overreacted. He questioned whether it would be fair for TRANSCEND to lose its placing. Mr Robertson declined to comment. The official result shows that ARODAZ finished 10.5 lengths from the winner and 9 lengths behind TRANSCEND.
--DECISION AND REASONS
--TRANSCEND caused interference to ARODAZ. That evidence is clear and uncontested. TRANSCEND has thus breached rule 869(4A). The chances and progress of ARODAZ were interfered with. Given those circumstances Rule 869 (8) confers a discretion on the Committee to relegate TRANSCEND and place it immediately after ARODAZ. Rule 1003 (2) confers a discretion on the committee to disqualify TRANSCEND. The interference prevented ARODAZ from properly competing in the race. There was no driver fault. No other horses were affected. For these reasons the committee exercises its discretion to relegate TRANSCEND to 8th place and promote ARODAZ to 7th place, the final placings then being:-
--1st SEAN PHILLIP
2nd LEICA FIGHTER
3RD CAPTAIN MARCUS
4TH SONIC WING
5TH ARDLEY A DIAMOND 6TH MAKSART
B J Rowe
Chairman
13549
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4A, 869.8, 1003.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c6500dd888a8aaf5ca603fd666cb6373
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 64a7e2b20f217bc6aefbaa8a2542a4c6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/05/2009
meet_title: Kumeu TC - 15 May 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Kumeu TC