Franklin TC – 30 November 2007 –
ID: JCA22196
Hearing Type (Code):
harness-racing
Decision: An information instigating a protest lodged by Stipendiary Steward Mr J Muirhead, under Rule 869 (4) and (6) (b) and (c) and 869 (8) on behalf of CHARING CROSS driven by Mr T Macfarlane placed 6th against BACK IN TIME driven by Junior Driver Mr S Jones placed 4th, on the grounds of a breach of the Push Out Rule
DECISION AND REASON
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An information instigating a protest lodged by Stipendiary Steward Mr J Muirhead, under Rule 869 (4) and (6) (b) and (c) and 869 (8) on behalf of CHARING CROSS driven by Mr T Macfarlane placed 6th against BACK IN TIME driven by Junior Driver Mr S Jones placed 4th, on the grounds of a breach of the Push Out Rule about 1600m from the finish of the race.
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Mr T Herlihy trainer of BACK IN TIME, on behalf of the connections of the horse endorsed the information ‘I do not contest protest’, and said he did not wish to be present at the hearing. The margin between the two horses at the finish of the race was 1.4 lengths.
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Mr Muirhead demonstrated the incident by use of the video film. At the relevant point of the race the pace eased sharply and there was a chain reaction resulting in BACK IN TIME striking the sulky wheel of the horse immediately in front of it and going into a break. BACK IN TIME had been racing on the marker pegs and when it broke it moved outwards to a half carting position. The horse regained its gait quickly but by that time CHARING CROSS was improving on its outside and Mr Jones elected to move BACK IN TIME outwards forcing CHARING CROSS to race wider on the track and also in so doing BACK IN TIME got off the marker pegs. There was ample room for Mr Jones to move his horse inwards. There was a clear breach of the Push Out Rule and BACK IN TIME gained an advantage relative to CHARING CROSS in that it got off the marker pegs when not entitled to and ended up racing forward of CHARING CROSS.
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I was satisfied the Protest was properly made out and relegated BACK IN TIME to immediately behind CHARING CROSS, the final placings then being :
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1st MAHEER PRINCESS
--2nd OUR SUPER OPERATIVE
--3rd SAHARA STARLIGHT
--4th EVER SHINING
--5th CHARING CROSS
--6th BACK IN TIME
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B Rowe
ChairmanDecision Date: 30/11/2007
Publish Date: 30/11/2007
JCA Decision Fields (raw)
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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: d5e17beebcf9f3ea25625e86f350fcf4
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/11/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 30 November 2007 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information instigating a protest lodged by Stipendiary Steward Mr J Muirhead, under Rule 869 (4) and (6) (b) and (c) and 869 (8) on behalf of CHARING CROSS driven by Mr T Macfarlane placed 6th against BACK IN TIME driven by Junior Driver Mr S Jones placed 4th, on the grounds of a breach of the Push Out RuleDECISION AND REASON
----
An information instigating a protest lodged by Stipendiary Steward Mr J Muirhead, under Rule 869 (4) and (6) (b) and (c) and 869 (8) on behalf of CHARING CROSS driven by Mr T Macfarlane placed 6th against BACK IN TIME driven by Junior Driver Mr S Jones placed 4th, on the grounds of a breach of the Push Out Rule about 1600m from the finish of the race.
----
Mr T Herlihy trainer of BACK IN TIME, on behalf of the connections of the horse endorsed the information ‘I do not contest protest’, and said he did not wish to be present at the hearing. The margin between the two horses at the finish of the race was 1.4 lengths.
----
Mr Muirhead demonstrated the incident by use of the video film. At the relevant point of the race the pace eased sharply and there was a chain reaction resulting in BACK IN TIME striking the sulky wheel of the horse immediately in front of it and going into a break. BACK IN TIME had been racing on the marker pegs and when it broke it moved outwards to a half carting position. The horse regained its gait quickly but by that time CHARING CROSS was improving on its outside and Mr Jones elected to move BACK IN TIME outwards forcing CHARING CROSS to race wider on the track and also in so doing BACK IN TIME got off the marker pegs. There was ample room for Mr Jones to move his horse inwards. There was a clear breach of the Push Out Rule and BACK IN TIME gained an advantage relative to CHARING CROSS in that it got off the marker pegs when not entitled to and ended up racing forward of CHARING CROSS.
----
I was satisfied the Protest was properly made out and relegated BACK IN TIME to immediately behind CHARING CROSS, the final placings then being :
----
1st MAHEER PRINCESS
--2nd OUR SUPER OPERATIVE
--3rd SAHARA STARLIGHT
--4th EVER SHINING
--5th CHARING CROSS
--6th BACK IN TIME
----
--
B Rowe
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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