Akaroa TC 9 December 2018 – R 6 (instigating a protest) – Chair, Mr G Clapp
ID: JCA16921
Meet Title:
Akaroa TC - 9 December 2018
Meet Chair:
GClapp
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/12/09
Race Number:
R 6
Decision:
The Committee was satisfied that SOUNDS BETTOR had caused interference to SISTER’S DELIGHT and further, that SISTER’S DELIGHT would have finished ahead of SOUNDS BETTOR had that interference not taken place.
The protest was therefore upheld between 3rd SOUNDS BETTOR and 4th SISTER’S DELIGHT. SISTER’S DELIGHT was promoted to 3rd and SOUNDS BETTOR relegated to 4th.
In relation to the protest SISTER’S DELIGHT and 2nd ART COLLECTOR this committee can’t be satisfied that SISTER’S DELIGHT Mr M J Williamson would have finished ahead of ART COLLECTOR Mr G D O’Reilly. We were not satisfied that SISTER’S DELIGHT Mr M J Williamson would have crossed the finish line ahead of ART COLLECTOR, but for any interference from that runner.
That protest 4th v 2nd was therefore dismissed.
Consequent upon the relegation, the amended result for the race is as follows:
1st 8 Chiller Bay
2nd 11 Art Collector
3rd 2 Sisters Delight
4th 12 Sounds Bettor
5th 10 It’s Me
6th 4 Victor Tango
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 6, “Tai Tapu Hotel Pace 2170m”, an information instigating a protest was filed by Licensed Open Horseman, Mr M J Williamson, the driver of SISTER’S DELIGHT, placed 4th by the judge against SOUNDS BETTOR Mr K W O’Reilly placed 3rd by the judge and ART COLLECTOR Mr G D O’Reilly placed 2nd by the judge.
All drivers were present at the hearing.
The judge’s placings were as follows:
1st 8 - Chiller Bay
2nd 11- Art Collector
3rd 12 – Sounds Bettor
4th 2– Sister’s Delight
5th 10 - It’s Me
6th 4 – Victor Tango
The official margin between 3rd and 4th was ½ head. The margin between 2nd and 3rd was a neck.
Rule 869A provides:
(2) -When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Submissions for Decision:
Stipendiary Steward Mr S W Wallis, showed the video replays of the final 300 metres of the race using both the head – on and side – on angles. He pointed out SISTER’S DELIGHT, driven by Mr M J Williamson improving through the middle of the field. He also pointed out SOUNDS BETTOR Mr K W O’Reilly who shifted out slightly but enough to lock wheels with SISTER’S DELIGHT Mr M J Williamson. ART COLLECTOR Mr G D O’Reilly had moved inwards slightly but straightened.
Mr M J Williamson said that at the 100m he locked sulky wheels with SOUNDS BETTOR Mr K W O’Reilly and that “the wheels were locked for about 50 metres and that he had to pull back off the cart of Kerry to get a run again. I believe that I would have finished second quite clearly”.
Mr K W O’Reilly said that “if the incident had happened a furlong earlier, he would agree with Mr Williamson, however being that close to the line it wouldn’t change anything. He’s hooked my wheel and pulled my horse sideways; my horse hit its knee and hasn’t finished the race the way it should have. I believe the horse would have finished better and (Mr Williamson) would still have finished 4th. If my horse had kept a straight line”.
Mr G D O’Reilly said that “his horse was hanging a little and had run in a bit. But I straightened him straight away”.
Mr Wallis Stipendiary Steward was asked to comment. He summed up by saying that “Mr Williamson had a clear run between runners following Mr Orange’s horse. Mr O’Reilly had shifted ground outwards and locked sulky stays and then wheels with Mr Williamson. “He added that Mr G D O’Reilly who was on Mr Williamson's outside was proving difficult and not pacing at 100% and laying inwards has also crowded Mr Williamson. There was certainly interference from both sides on the run home for Mr Williamson”.
Reasons for Decision:
The committee carefully considered all evidence. We agree that the sulky wheels of SOUNDS BETTOR K W O’Reilly and SISTER’S DELIGHT have locked and impeded SISTER’S DELIGHT Mr Williamson's progress. We also believe that without that interference SISTER’S DELIGHT Mr M J Williamson would have beaten SOUNDS BETTOR. SISTER’S DELIGHT was finishing fast and making ground on SOUNDS BETTOR prior to locking wheels for a distance of 50 metres. The margin at the finish was a ½ head.
We then had to determine whether SISTER’S DELIGHT Mr Williamson could have beaten ART COLLECTOR without the interference from that runner. We were not satisfied that SISTER’S DELIGHT Mr Williamson would have done so. We were not satisfied that SISTER’S DELIGHT Mr Williamson could have run 2nd based on the evidence put before us. We noted that ART COLLECTOR Mr G D O’Reilly did run in slightly but in our view caused no significant interference to SISTER’S DELIGHT Mr M J Williamson. The margin between the two runners was a neck and a ½ head. The interference to SISTER’S DELIGHT was mainly from SOUNDS BETTOR and it was difficult for us to assess the effect of any interference to SISTER’S DELIGHT from ART COLLECTOR.
In determining that matter, the Committee had regard to a number of other factors. The degree of interference was, in the Committee’s view relevant. We also noted how close to the finish line the incident occurred.
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: b2f33aa64269aad8086db5fdce5fc31c
informantnumber: A10813
horsename: SOUNDS BETTOR and ART COLLECTOR
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/12/2018
hearing_title: Akaroa TC 9 December 2018 - R 6 (instigating a protest) - Chair, Mr G Clapp
charge:
facts:
Following the running of Race 6, “Tai Tapu Hotel Pace 2170m”, an information instigating a protest was filed by Licensed Open Horseman, Mr M J Williamson, the driver of SISTER’S DELIGHT, placed 4th by the judge against SOUNDS BETTOR Mr K W O’Reilly placed 3rd by the judge and ART COLLECTOR Mr G D O’Reilly placed 2nd by the judge.
All drivers were present at the hearing.
The judge’s placings were as follows:
1st 8 - Chiller Bay
2nd 11- Art Collector
3rd 12 – Sounds Bettor
4th 2– Sister’s Delight
5th 10 - It’s Me
6th 4 – Victor Tango
The official margin between 3rd and 4th was ½ head. The margin between 2nd and 3rd was a neck.
Rule 869A provides:
(2) -When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr S W Wallis, showed the video replays of the final 300 metres of the race using both the head – on and side – on angles. He pointed out SISTER’S DELIGHT, driven by Mr M J Williamson improving through the middle of the field. He also pointed out SOUNDS BETTOR Mr K W O’Reilly who shifted out slightly but enough to lock wheels with SISTER’S DELIGHT Mr M J Williamson. ART COLLECTOR Mr G D O’Reilly had moved inwards slightly but straightened.
Mr M J Williamson said that at the 100m he locked sulky wheels with SOUNDS BETTOR Mr K W O’Reilly and that “the wheels were locked for about 50 metres and that he had to pull back off the cart of Kerry to get a run again. I believe that I would have finished second quite clearly”.
Mr K W O’Reilly said that “if the incident had happened a furlong earlier, he would agree with Mr Williamson, however being that close to the line it wouldn’t change anything. He’s hooked my wheel and pulled my horse sideways; my horse hit its knee and hasn’t finished the race the way it should have. I believe the horse would have finished better and (Mr Williamson) would still have finished 4th. If my horse had kept a straight line”.
Mr G D O’Reilly said that “his horse was hanging a little and had run in a bit. But I straightened him straight away”.
Mr Wallis Stipendiary Steward was asked to comment. He summed up by saying that “Mr Williamson had a clear run between runners following Mr Orange’s horse. Mr O’Reilly had shifted ground outwards and locked sulky stays and then wheels with Mr Williamson. “He added that Mr G D O’Reilly who was on Mr Williamson's outside was proving difficult and not pacing at 100% and laying inwards has also crowded Mr Williamson. There was certainly interference from both sides on the run home for Mr Williamson”.
reasonsfordecision:
The committee carefully considered all evidence. We agree that the sulky wheels of SOUNDS BETTOR K W O’Reilly and SISTER’S DELIGHT have locked and impeded SISTER’S DELIGHT Mr Williamson's progress. We also believe that without that interference SISTER’S DELIGHT Mr M J Williamson would have beaten SOUNDS BETTOR. SISTER’S DELIGHT was finishing fast and making ground on SOUNDS BETTOR prior to locking wheels for a distance of 50 metres. The margin at the finish was a ½ head.
We then had to determine whether SISTER’S DELIGHT Mr Williamson could have beaten ART COLLECTOR without the interference from that runner. We were not satisfied that SISTER’S DELIGHT Mr Williamson would have done so. We were not satisfied that SISTER’S DELIGHT Mr Williamson could have run 2nd based on the evidence put before us. We noted that ART COLLECTOR Mr G D O’Reilly did run in slightly but in our view caused no significant interference to SISTER’S DELIGHT Mr M J Williamson. The margin between the two runners was a neck and a ½ head. The interference to SISTER’S DELIGHT was mainly from SOUNDS BETTOR and it was difficult for us to assess the effect of any interference to SISTER’S DELIGHT from ART COLLECTOR.
In determining that matter, the Committee had regard to a number of other factors. The degree of interference was, in the Committee’s view relevant. We also noted how close to the finish line the incident occurred.
Decision:
The Committee was satisfied that SOUNDS BETTOR had caused interference to SISTER’S DELIGHT and further, that SISTER’S DELIGHT would have finished ahead of SOUNDS BETTOR had that interference not taken place.
The protest was therefore upheld between 3rd SOUNDS BETTOR and 4th SISTER’S DELIGHT. SISTER’S DELIGHT was promoted to 3rd and SOUNDS BETTOR relegated to 4th.
In relation to the protest SISTER’S DELIGHT and 2nd ART COLLECTOR this committee can’t be satisfied that SISTER’S DELIGHT Mr M J Williamson would have finished ahead of ART COLLECTOR Mr G D O’Reilly. We were not satisfied that SISTER’S DELIGHT Mr M J Williamson would have crossed the finish line ahead of ART COLLECTOR, but for any interference from that runner.
That protest 4th v 2nd was therefore dismissed.
Consequent upon the relegation, the amended result for the race is as follows:
1st 8 Chiller Bay
2nd 11 Art Collector
3rd 2 Sisters Delight
4th 12 Sounds Bettor
5th 10 It’s Me
6th 4 Victor Tango
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A(2)
Informant: Mr M J Williamson - Open Horseman
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Wallis - Stipendiary Steward
Respondent: Mr K W O'Reilly - Open Horseman, Mr G D O'Reilly - Open Horseman
StipendSteward:
raceid: ba301f1afd6a56432cb2b09a099f1ef8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cef1e9566329e8b6b16968e36b01bdaa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/12/2018
meet_title: Akaroa TC - 9 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: GClapp
meet_pm1: RMcKenzie
meet_pm2: none
name: Akaroa TC