Gore HRC – 27 December 2008 – Race 4
ID: JCA21808
Hearing Type (Code):
harness-racing
Meet Title:
Gore HRC - 27 December 2008
Race Date:
2008/12/27
Race Number:
Race 4
Decision:
At the conclusion of Race 4, the Alabar Southern Supremacy Stakes Mobile Pace, a protest was lodged by Stipendiary Steward Mr P T Knowles under Rule 869 (b) (b) Passing Lane Regulations, alleging that in the home straight VI ET ANIMO, driven by B R Shirley, shifted into the passing lane causing interference to AUDITOR GENERAL, driven by M Kerr.
At the conclusion of Race 4, the Alabar Southern Supremacy Stakes Mobile Pace, a protest was lodged by Stipendiary Steward Mr P T Knowles under Rule 869 (b) (b) Passing Lane Regulations, alleging that in the home straight VI ET ANIMO, driven by B R Shirley, shifted into the passing lane causing interference to AUDITOR GENERAL, driven by M Kerr.
--Stipendiary Steward Mr C Allison used several video clips of the alleged incident, highlighting in his opinion VI ET ANIMO moving into the passing lane. Mr Allison also highlighted, using the back on, side on and front on video clips of AUDITOR GENERAL racing into the final bend and into the home straight, and at the point of AUDITOR GENERAL breaking.
--Mr Kerr, driver of AUDITOR GENERAL, stated that he believed his horse was travelling well, when straightened up in the home straight, but had “nowhere to go” and as a result he pulled back on the reins, and his horse went into a break. When questioned directly regarding the racing manners of AUDITOR GENERAL, Mr Kerr stated that he was pacing roughly prior to the home bend, and that he “nursed” the horse around this final bend.
--Mr Kerr was asked if there had been any contact made between VI ET ANIMO and AUDITOR GENERAL, to which he stated no.
--Mr Knowles confirmed no contact had been made, in his opinion.
--Mr Shirley, driver of VI ET ANIMO, stated that in his opinion AUDITOR GENERAL was pacing roughly prior to the home turn and in his opinion was knocking a knee. Mr Shirley said AUDITOR GENERAL was “wobbly” and on his way out before the passing lane.
--When questioned, Mr Kerr confirmed AUDITOR GENERAL did knock a knee, but once straightened up after the home turn he was okay.
--At this point Mr Thornley, Senior Horseman in support of Junior Horseman Mr Kerr, was given the opportunity to make any comment on the alleged incident. Mr Thornley declined to do so.
--When questioned, Mr Shirley stated that his horse VI ET ANIMO ducked into the passing lane when he attempted to pull the ear plugs. Mr Shirley stated his horse was travelling well at this point.
--All parties were then given the opportunity to give a final summation and present any new evidence that they wished to be considered.
--Mr Knowles took the opportunity stating that he believed AUDITOR GENERAL was pacing roughly prior to the home bend and that it was very difficult to determine total responsibility for AUDITOR GENERAL breaking. Mr Knowles stated that it was a 50/50 call in his opinion, with there being some clear doubt.
--DECISION
--After having viewed the comprehensive back, side on and head on video clips of the alleged incident, and carefully considering the verbal evidence of all parties, the protest is dismissed.
--The reasons for the protest being dismissed are as follows :
--1. There is no debate VI ET ANIMO moved into the passing lane – all parties agreed on this, however it was not on the Passing Lane Regulation that the ultimate dismissal was made.
--2. No contact was made between VI ET ANIMO and AUDITOR GENERAL at any point.
--3. Clearly AUDITOR GENERAL was pacing roughly, and Mr Kerr concurred by stating in his evidence that he “nursed” the horse around the final bend.
--4. The “back on” video evidence was crucial as in my opinion it clearly showed AUDITOR GENERAL breaking of its own accord, free of any interference, prior to the passing lane option.
--5. Mr Kerr’s evidence stating that “he pulled back causing AUDITOR GENERAL to break” is in my opinion inconclusive. The video evidence does not support this argument conclusively.
--6. Senior Stipendiary Steward Mr Knowles comments that there was doubt around total responsibility for AUDITOR GENERAL breaking was also an interesting compelling statement.
--In conclusion, combining all of the points made above there was enough “element of doubt” in my opinion, as to what caused AUDITOR GENERAL to break, to dismiss the protest.
----
N Skelt
ChairmanJCA 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: bdedb48cb3aa8d88cc1383ea90f2fe2c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/12/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Gore HRC - 27 December 2008 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
At the conclusion of Race 4, the Alabar Southern Supremacy Stakes Mobile Pace, a protest was lodged by Stipendiary Steward Mr P T Knowles under Rule 869 (b) (b) Passing Lane Regulations, alleging that in the home straight VI ET ANIMO, driven by B R Shirley, shifted into the passing lane causing interference to AUDITOR GENERAL, driven by M Kerr.
At the conclusion of Race 4, the Alabar Southern Supremacy Stakes Mobile Pace, a protest was lodged by Stipendiary Steward Mr P T Knowles under Rule 869 (b) (b) Passing Lane Regulations, alleging that in the home straight VI ET ANIMO, driven by B R Shirley, shifted into the passing lane causing interference to AUDITOR GENERAL, driven by M Kerr.
--Stipendiary Steward Mr C Allison used several video clips of the alleged incident, highlighting in his opinion VI ET ANIMO moving into the passing lane. Mr Allison also highlighted, using the back on, side on and front on video clips of AUDITOR GENERAL racing into the final bend and into the home straight, and at the point of AUDITOR GENERAL breaking.
--Mr Kerr, driver of AUDITOR GENERAL, stated that he believed his horse was travelling well, when straightened up in the home straight, but had “nowhere to go” and as a result he pulled back on the reins, and his horse went into a break. When questioned directly regarding the racing manners of AUDITOR GENERAL, Mr Kerr stated that he was pacing roughly prior to the home bend, and that he “nursed” the horse around this final bend.
--Mr Kerr was asked if there had been any contact made between VI ET ANIMO and AUDITOR GENERAL, to which he stated no.
--Mr Knowles confirmed no contact had been made, in his opinion.
--Mr Shirley, driver of VI ET ANIMO, stated that in his opinion AUDITOR GENERAL was pacing roughly prior to the home turn and in his opinion was knocking a knee. Mr Shirley said AUDITOR GENERAL was “wobbly” and on his way out before the passing lane.
--When questioned, Mr Kerr confirmed AUDITOR GENERAL did knock a knee, but once straightened up after the home turn he was okay.
--At this point Mr Thornley, Senior Horseman in support of Junior Horseman Mr Kerr, was given the opportunity to make any comment on the alleged incident. Mr Thornley declined to do so.
--When questioned, Mr Shirley stated that his horse VI ET ANIMO ducked into the passing lane when he attempted to pull the ear plugs. Mr Shirley stated his horse was travelling well at this point.
--All parties were then given the opportunity to give a final summation and present any new evidence that they wished to be considered.
--Mr Knowles took the opportunity stating that he believed AUDITOR GENERAL was pacing roughly prior to the home bend and that it was very difficult to determine total responsibility for AUDITOR GENERAL breaking. Mr Knowles stated that it was a 50/50 call in his opinion, with there being some clear doubt.
--DECISION
--After having viewed the comprehensive back, side on and head on video clips of the alleged incident, and carefully considering the verbal evidence of all parties, the protest is dismissed.
--The reasons for the protest being dismissed are as follows :
--1. There is no debate VI ET ANIMO moved into the passing lane – all parties agreed on this, however it was not on the Passing Lane Regulation that the ultimate dismissal was made.
--2. No contact was made between VI ET ANIMO and AUDITOR GENERAL at any point.
--3. Clearly AUDITOR GENERAL was pacing roughly, and Mr Kerr concurred by stating in his evidence that he “nursed” the horse around the final bend.
--4. The “back on” video evidence was crucial as in my opinion it clearly showed AUDITOR GENERAL breaking of its own accord, free of any interference, prior to the passing lane option.
--5. Mr Kerr’s evidence stating that “he pulled back causing AUDITOR GENERAL to break” is in my opinion inconclusive. The video evidence does not support this argument conclusively.
--6. Senior Stipendiary Steward Mr Knowles comments that there was doubt around total responsibility for AUDITOR GENERAL breaking was also an interesting compelling statement.
--In conclusion, combining all of the points made above there was enough “element of doubt” in my opinion, as to what caused AUDITOR GENERAL to break, to dismiss the protest.
----
N Skelt
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.b.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 15c6193df2a66cffaafea4fd26092e98
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ea8dcbde2b1edaf82812c339ca7a91cc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/12/2008
meet_title: Gore HRC - 27 December 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Gore HRC