Franklin TC – 14 August 2009 – Race 4
ID: JCA22656
Hearing Type (Code):
harness-racing
Meet Title:
Franklin TC - 14 August 2009
Race Date:
2009/08/14
Race Number:
Race 4
Decision:
Following the running of Race 4, the Livestock New Zealand Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr J. M. Muirhead alleging a breach of Rule 869(8).
Following the running of Race 4, the Livestock New Zealand Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr J. M. Muirhead alleging a breach of Rule 869(8). The information reads as follows.
--“This is a protest by horse number 1 placed 9thby the judge against horse number (6) placed 3rd by the judge on the grounds of interference racing into the first bend.”
--Rule 869(8) reads as follows.
--“The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
Present at the hearing was Mr S. J. Reid, the co-trainer and driver of “Flojo Two” (6), and he agreed that he would represent the connection of that horse. Also present was Mr C. Rutherford the driver of “Sophie Brydon” (1), and he agreed that he would represent the connections of that horse.
--Mr Rutherford gave evidence that when about to leave the front straight for the first time Mr Reid crossed over in front of him, but then broke. Mr Rutherford said that he then had to take hold of his horse which broke and lost ground, eventually finishing a distant last in the race.
--Mr Muirhead used video coverage to illustrate this incident. He showed that Mr Reid had been crossed by “Raven Aveross” (8) and was in the trail when his horse broke. It was agreed that there was no interference from “Raven Aveross”. It was Mr Muirhead’s evidence that Mr Reid’s horse had broken free of interference, causing resultant interference to “Flojo Two” which lost its chance in the race.
--Mr Reid did not dispute the basic facts of this matter. He agreed that “Sophie Brydon” had been checked when his horse broke, but believed that that horse had given up a long way from home. The amount of ground lost by “Sophie Brydon” was discussed, and this was probably between 20 and 30 metres.
--Mr Reid also said that it should be taken into account that “Sophie Brydon” was an “$80 outsider”, and had little chance in the race anyway.
We then adjourned the hearing to consider our decision. In terms of Rule 869(8) we were satisfied that there had been interference as alleged. We were also satisfied that as a result of the interference “Sophie Brydon” had lost 20 to 30 metres and its chance in this 2200 metre race. We did not agree that Mr Reid’s evidence that “Sophie Brydon” was an outsider had any relevance.
On resuming the hearing we were made aware that the start of the next race was about 3 minutes away. We advised the parties of our decision to relegate “Flojo Two” behind “Sophie Brydon” and that our full reasons for this decision would be given later, which we have now done. The amended places are now as follows.
-- 1st – Endangered Species (4)
2nd – Raven Aveross (8)
3rd – Triple Jay (3)
4th – Christian Miss (7)
5th – Last Judgement (5)
6th – Elegant Jay (10)
J.M. Phelan
CHAIR
13652
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: e39b4afbc7078aaf1d19e739dc59517f
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 14/08/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 14 August 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 4, the Livestock New Zealand Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr J. M. Muirhead alleging a breach of Rule 869(8).
Following the running of Race 4, the Livestock New Zealand Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr J. M. Muirhead alleging a breach of Rule 869(8). The information reads as follows.
--“This is a protest by horse number 1 placed 9thby the judge against horse number (6) placed 3rd by the judge on the grounds of interference racing into the first bend.”
--Rule 869(8) reads as follows.
--“The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses, -
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
Present at the hearing was Mr S. J. Reid, the co-trainer and driver of “Flojo Two” (6), and he agreed that he would represent the connection of that horse. Also present was Mr C. Rutherford the driver of “Sophie Brydon” (1), and he agreed that he would represent the connections of that horse.
--Mr Rutherford gave evidence that when about to leave the front straight for the first time Mr Reid crossed over in front of him, but then broke. Mr Rutherford said that he then had to take hold of his horse which broke and lost ground, eventually finishing a distant last in the race.
--Mr Muirhead used video coverage to illustrate this incident. He showed that Mr Reid had been crossed by “Raven Aveross” (8) and was in the trail when his horse broke. It was agreed that there was no interference from “Raven Aveross”. It was Mr Muirhead’s evidence that Mr Reid’s horse had broken free of interference, causing resultant interference to “Flojo Two” which lost its chance in the race.
--Mr Reid did not dispute the basic facts of this matter. He agreed that “Sophie Brydon” had been checked when his horse broke, but believed that that horse had given up a long way from home. The amount of ground lost by “Sophie Brydon” was discussed, and this was probably between 20 and 30 metres.
--Mr Reid also said that it should be taken into account that “Sophie Brydon” was an “$80 outsider”, and had little chance in the race anyway.
We then adjourned the hearing to consider our decision. In terms of Rule 869(8) we were satisfied that there had been interference as alleged. We were also satisfied that as a result of the interference “Sophie Brydon” had lost 20 to 30 metres and its chance in this 2200 metre race. We did not agree that Mr Reid’s evidence that “Sophie Brydon” was an outsider had any relevance.
On resuming the hearing we were made aware that the start of the next race was about 3 minutes away. We advised the parties of our decision to relegate “Flojo Two” behind “Sophie Brydon” and that our full reasons for this decision would be given later, which we have now done. The amended places are now as follows.
-- 1st – Endangered Species (4)
2nd – Raven Aveross (8)
3rd – Triple Jay (3)
4th – Christian Miss (7)
5th – Last Judgement (5)
6th – Elegant Jay (10)
J.M. Phelan
CHAIR
13652
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.8
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 49c0ac0274ab7dcb4d0ee11edcf634d4
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: 4b9876e16c853202901d58f8eb89b5fe
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/08/2009
meet_title: Franklin TC - 14 August 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Franklin TC