Auckland TC – 19 June 2009 – Race 4
ID: JCA21830
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 19 June 2009
Race Date:
2009/06/19
Race Number:
Race 4
Decision:
Following Race 4 an Information instigating a protest was lodged by Stipendiary Steward Mr J. Muirhead, pursuant to Rule 869(4), 869(6) (b)&(c). He alleged that PERFECT CULLEN (D. Butcher) placed 3rd by the judge pushed out LEICA FIGHTER (A. Donnelly) placed 10th by the judge, with approximately 1300 metres to run.
--
Following Race 4 an Information instigating a protest was lodged by Stipendiary Steward Mr J. Muirhead, pursuant to Rule 869(4), 869(6) (b)&(c). He alleged that PERFECT CULLEN (D. Butcher) placed 3rd by the judge pushed out LEICA FIGHTER (A. Donnelly) placed 10th by the judge, with approximately 1300 metres to run.
--Present at the enquiry were:
Ms A Donnelly representing -Leica Fighter
Mr D Butcher –Horseman
Mr G. Small –Trainer
Mr & Mrs Ringrose – Perfect Cullen part owners.
Mr Muirhead demonstrated the video film of the incident. He said PERFECT CULLEN, who was racing 3 back 1 out manoeuvred out with 1300 metres to run forcing LEICA FIGHTER to go 4 wide. He suggested that Leica Fighter legs were outside Perfect Cullen’s sulky wheel at the time of the move. He said Ms Donnelly tried to take a hold of her horse but it was already committed to moving forward and would not come back to her.
--
Mr Taumanu who was positioned at the patrol box at the top of the home straight said it was visible that Leica Fighter was pushed 4 wide. Upon viewing the video films he said it appeared that Mr Butcher had looked to his left and turned his horses head out, prior to Ms Donnelly coming alongside. He stated that Perfect Cullen did not respond well to the manoeuvre. Ms Donnelly stated that the movement was minimal and her horse was ignorant and would not come back to her. Mr Butcher said that they were just coming off the point of a bend , when he looked to his outer to come out 3 wide, he had his horses head turned out to move and it was slow to react due to wearing a boring pole.
Mr Small stated that when Mr Butcher initiated his move Ms Donnelly horse was not outside Mr Butcher’s wheel. He said the blame could not be placed on his horse or driver.
Mr & Mrs Ringrose stated they agreed with Mr Small’s evidence of the video film, and had nothing further to add.
Decisions and Reasons
--
The Committee carefully considered all the evidence and video films that were shown during the enquiry. It is clear on the films that Mr Butcher did look to his outside and turn his horse’s head outwards prior to Ms Donnelly coming up alongside him. We do not believe Mr Butcher gained an advantage from the manoeuvre nor do we believe Ms Donnelly was disadvantaged. Ms Donnelly evidence confirmed at the point of the manoeuvre her horse was not racing in a tractable manner.
Therefore the protest is dismissed and the placings stand.
A Dooley K Coutts
Chair Committee Member
13550
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: c26a979bffc56aadf276091742ee40cd
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 19/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 19 June 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following Race 4 an Information instigating a protest was lodged by Stipendiary Steward Mr J. Muirhead, pursuant to Rule 869(4), 869(6) (b)&(c). He alleged that PERFECT CULLEN (D. Butcher) placed 3rd by the judge pushed out LEICA FIGHTER (A. Donnelly) placed 10th by the judge, with approximately 1300 metres to run.
--
Following Race 4 an Information instigating a protest was lodged by Stipendiary Steward Mr J. Muirhead, pursuant to Rule 869(4), 869(6) (b)&(c). He alleged that PERFECT CULLEN (D. Butcher) placed 3rd by the judge pushed out LEICA FIGHTER (A. Donnelly) placed 10th by the judge, with approximately 1300 metres to run.
--Present at the enquiry were:
Ms A Donnelly representing -Leica Fighter
Mr D Butcher –Horseman
Mr G. Small –Trainer
Mr & Mrs Ringrose – Perfect Cullen part owners.
Mr Muirhead demonstrated the video film of the incident. He said PERFECT CULLEN, who was racing 3 back 1 out manoeuvred out with 1300 metres to run forcing LEICA FIGHTER to go 4 wide. He suggested that Leica Fighter legs were outside Perfect Cullen’s sulky wheel at the time of the move. He said Ms Donnelly tried to take a hold of her horse but it was already committed to moving forward and would not come back to her.
--
Mr Taumanu who was positioned at the patrol box at the top of the home straight said it was visible that Leica Fighter was pushed 4 wide. Upon viewing the video films he said it appeared that Mr Butcher had looked to his left and turned his horses head out, prior to Ms Donnelly coming alongside. He stated that Perfect Cullen did not respond well to the manoeuvre. Ms Donnelly stated that the movement was minimal and her horse was ignorant and would not come back to her. Mr Butcher said that they were just coming off the point of a bend , when he looked to his outer to come out 3 wide, he had his horses head turned out to move and it was slow to react due to wearing a boring pole.
Mr Small stated that when Mr Butcher initiated his move Ms Donnelly horse was not outside Mr Butcher’s wheel. He said the blame could not be placed on his horse or driver.
Mr & Mrs Ringrose stated they agreed with Mr Small’s evidence of the video film, and had nothing further to add.
Decisions and Reasons
--
The Committee carefully considered all the evidence and video films that were shown during the enquiry. It is clear on the films that Mr Butcher did look to his outside and turn his horse’s head outwards prior to Ms Donnelly coming up alongside him. We do not believe Mr Butcher gained an advantage from the manoeuvre nor do we believe Ms Donnelly was disadvantaged. Ms Donnelly evidence confirmed at the point of the manoeuvre her horse was not racing in a tractable manner.
Therefore the protest is dismissed and the placings stand.
A Dooley K Coutts
Chair Committee Member
13550
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: dad50a33a036e9e6c097f2877653e2a0
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: 1e82208a1ccc74d7cc138473926f442e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/06/2009
meet_title: Auckland TC - 19 June 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC