Ashburton TC – 2 June 2007 – Race 3
ID: JCA19158
Hearing Type (Code):
harness-racing
Meet Title:
Ashburton TC - 2 June 2007
Race Date:
2007/06/02
Race Number:
Race 3
Decision: --
Following the running of Race 3, Giltrap New Corolla 3YO Diamond, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against SMOKE N MIRRORS (G D Smith), placed 3rd by the judge, on the grounds of alleged interference to RIVERBOAT ROYCE
--
DECISION AND REASONS:
--Following the running of Race 3, Giltrap New Corolla 3YO Diamond, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against SMOKE N MIRRORS (G D Smith), placed 3rd by the judge, on the grounds of alleged interference to RIVERBOAT ROYCE (R D Holmes) placed 11th by the judge, with approximately 900 metres to run.
----Representing the connections of SMOKE N MIRRORS at the hearing of the protest were the trainer, Mr K Odgers, Mr Smith and Mr A M Butt, Licensed Open Horseman, assisting Mr Smith.
----Mr Holmes stated that he had got onto the back of RUNNING ON FAITH (P C Ferguson) with approximately 900 metres to run. He had activated the pull-down blinds about 100 metres earlier. He was "working forward" when Mr Smith came out when he was not entitled to. The outward movement put RIVERBOAT ROYCE off balance and caused it to go off stride and lose about 3 lengths. Mr Holmes said that he had attempted to put Mr Smith back down but there was no room on the inside of Mr Smith to do so. Mr Holmes said that he had lost a good position.
----Mr B D Williams, Assistant Stipendiary Steward, said that he had viewed the incident from behind. He said that, as the 3-wide line led by RUNNING ON FAITH improved, Mr Holmes was trailing that runner and improving also. As Mr Holmes passed Mr Smith, Mr Smith shifted out "quite aggressively" and, at the same time, RIVERBOAT ROYCE broke and lost its position.
----Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident. He pointed out Mr Holmes shift out to the 3-wide line to track Mr Ferguson. Mr Smith, who was immediately inside Mr Holmes in the 2-out line, attempted to get onto Mr Ferguson's back and, as a result, RIVERBOAT ROYCE broke.
----Mr Smith stated that, after he had pushed Mr Holmes out, Mr Holmes had attempted to push him back down but, by that time, Mr Smith was on wheel of RUNNING ON FAITH and Mr Holmes` was not able to push him back down. Mr Holmes caused his own horse to gallop in attempting to push him back down. Mr Smith said that he had been out and had taken Mr Holmes position for about 20-30 metres before RIVERBOAT ROYCE had galloped. It was not his movement that had caused RIVERBOAT ROYCE to break, Mr Smith alleged.
----Mr Butt put it to Mr Holmes that he had struck his horse twice with the whip ? the first time immediately after he had attempted to come out and the second time 20 metres later. Mr Holmes stated that he was trying to keep his horse up to hold its position and make it go forward. Mr Holmes said he had to "relieve and pull back" when Mr Smith came out to avoid a dangerous situation. It was the severity of the outward movement rather than his attempting to "retaliate" that resulted in the breaking of RIVERBOAT ROYCE. Mr Holmes did acknowledge that he had tried to push Mr Smith back down.
----In response to a question from Mr Escott, Mr Holmes stated that he believed that he had the "clear advantage" over Mr Smith. Mr Holmes said that he saw Mr Smith "have a look" and did not expect him to attempt to come out ? he had no right to.
----Mr Butt submitted that Mr Smith had got Mr Holmes out so he must have had the "advantage" over him. It was a "fair push out". Mr Holmes had attempted to hold his ground and was not able to do so. Mr Holmes' horse had broken when Mr Holmes was trying to hold his position, Mr Butt submitted.
----After a brief deliberation, the Committee advised the parties that the protest had been upheld and that SMOKE N MIRRORS was relegated to 11th placing.
----The Committee subsequently gave the reasons for its decision as follows:
--"Rule 868 (7) provides that, from the 1,000 metres, horsemen shall be expected to make moves with safety to ensure the horse obtains the best possible placing in the field, and we stress those words "with safety".
--The Committee is of the view that the outward movement by Mr Smith with approximately 900 metres to run was not done with safety. We find that he was not in a position from which he could push Mr Holmes out. Mr Holmes was on the back of the horse heading the 3-wide line in the race. Mr Smith's actions in attempting to force Mr Holmes wide resulted in interference to Mr Holmes ? he lost a favourable position and his horse went into a gallop as a result of pressure from his inside by Mr Smith.
--We note that Mr Williams, Assistant Stipendiary Steward, in his evidence, referred to Mr Smith's actions as shifting out "quite aggressively". Mr Smith claimed that he was out for about 30 metres before Mr Holmes horse broke and that Mr Holmes' horse broke as a consequence of Mr Holmes trying to push him back down. We do not accept Mr Smith's version of what happened and we prefer the evidence of Mr Holmes and the Stipendiary Stewards.
--Accordingly, we find that there was interference to RIVERBOAT ROYCE by SMOKE N MIRRORS and, further that the progress or chance of RIVERBOAT ROYCE was affected as a result of that interference. We have a discretion whether to relegate and we exercise that discretion in favour of relegation on the basis that the interference took place at a critical point in the race when RIVERBOAT ROYCE was in a favourable position trailing the eventual winner, RUNNING ON FAITH".
----Consequent upon the relegation of SMOKE N MIRRORS from 3rd placing, the amended placings are as follows:
--1st 9 Running on Faith
--2nd 4 One Dream
--3rd 1 Belletti
--4th 11 Top Tempo
--5th 2 Ohoka Moon
----R G McKenzie
----CHAIRMAN
------
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: 29d1db5a069910b2c09a4316227276ae
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 02/06/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Ashburton TC - 2 June 2007 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 3, Giltrap New Corolla 3YO Diamond, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against SMOKE N MIRRORS (G D Smith), placed 3rd by the judge, on the grounds of alleged interference to RIVERBOAT ROYCE
--
DECISION AND REASONS:
--Following the running of Race 3, Giltrap New Corolla 3YO Diamond, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against SMOKE N MIRRORS (G D Smith), placed 3rd by the judge, on the grounds of alleged interference to RIVERBOAT ROYCE (R D Holmes) placed 11th by the judge, with approximately 900 metres to run.
----Representing the connections of SMOKE N MIRRORS at the hearing of the protest were the trainer, Mr K Odgers, Mr Smith and Mr A M Butt, Licensed Open Horseman, assisting Mr Smith.
----Mr Holmes stated that he had got onto the back of RUNNING ON FAITH (P C Ferguson) with approximately 900 metres to run. He had activated the pull-down blinds about 100 metres earlier. He was "working forward" when Mr Smith came out when he was not entitled to. The outward movement put RIVERBOAT ROYCE off balance and caused it to go off stride and lose about 3 lengths. Mr Holmes said that he had attempted to put Mr Smith back down but there was no room on the inside of Mr Smith to do so. Mr Holmes said that he had lost a good position.
----Mr B D Williams, Assistant Stipendiary Steward, said that he had viewed the incident from behind. He said that, as the 3-wide line led by RUNNING ON FAITH improved, Mr Holmes was trailing that runner and improving also. As Mr Holmes passed Mr Smith, Mr Smith shifted out "quite aggressively" and, at the same time, RIVERBOAT ROYCE broke and lost its position.
----Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident. He pointed out Mr Holmes shift out to the 3-wide line to track Mr Ferguson. Mr Smith, who was immediately inside Mr Holmes in the 2-out line, attempted to get onto Mr Ferguson's back and, as a result, RIVERBOAT ROYCE broke.
----Mr Smith stated that, after he had pushed Mr Holmes out, Mr Holmes had attempted to push him back down but, by that time, Mr Smith was on wheel of RUNNING ON FAITH and Mr Holmes` was not able to push him back down. Mr Holmes caused his own horse to gallop in attempting to push him back down. Mr Smith said that he had been out and had taken Mr Holmes position for about 20-30 metres before RIVERBOAT ROYCE had galloped. It was not his movement that had caused RIVERBOAT ROYCE to break, Mr Smith alleged.
----Mr Butt put it to Mr Holmes that he had struck his horse twice with the whip ? the first time immediately after he had attempted to come out and the second time 20 metres later. Mr Holmes stated that he was trying to keep his horse up to hold its position and make it go forward. Mr Holmes said he had to "relieve and pull back" when Mr Smith came out to avoid a dangerous situation. It was the severity of the outward movement rather than his attempting to "retaliate" that resulted in the breaking of RIVERBOAT ROYCE. Mr Holmes did acknowledge that he had tried to push Mr Smith back down.
----In response to a question from Mr Escott, Mr Holmes stated that he believed that he had the "clear advantage" over Mr Smith. Mr Holmes said that he saw Mr Smith "have a look" and did not expect him to attempt to come out ? he had no right to.
----Mr Butt submitted that Mr Smith had got Mr Holmes out so he must have had the "advantage" over him. It was a "fair push out". Mr Holmes had attempted to hold his ground and was not able to do so. Mr Holmes' horse had broken when Mr Holmes was trying to hold his position, Mr Butt submitted.
----After a brief deliberation, the Committee advised the parties that the protest had been upheld and that SMOKE N MIRRORS was relegated to 11th placing.
----The Committee subsequently gave the reasons for its decision as follows:
--"Rule 868 (7) provides that, from the 1,000 metres, horsemen shall be expected to make moves with safety to ensure the horse obtains the best possible placing in the field, and we stress those words "with safety".
--The Committee is of the view that the outward movement by Mr Smith with approximately 900 metres to run was not done with safety. We find that he was not in a position from which he could push Mr Holmes out. Mr Holmes was on the back of the horse heading the 3-wide line in the race. Mr Smith's actions in attempting to force Mr Holmes wide resulted in interference to Mr Holmes ? he lost a favourable position and his horse went into a gallop as a result of pressure from his inside by Mr Smith.
--We note that Mr Williams, Assistant Stipendiary Steward, in his evidence, referred to Mr Smith's actions as shifting out "quite aggressively". Mr Smith claimed that he was out for about 30 metres before Mr Holmes horse broke and that Mr Holmes' horse broke as a consequence of Mr Holmes trying to push him back down. We do not accept Mr Smith's version of what happened and we prefer the evidence of Mr Holmes and the Stipendiary Stewards.
--Accordingly, we find that there was interference to RIVERBOAT ROYCE by SMOKE N MIRRORS and, further that the progress or chance of RIVERBOAT ROYCE was affected as a result of that interference. We have a discretion whether to relegate and we exercise that discretion in favour of relegation on the basis that the interference took place at a critical point in the race when RIVERBOAT ROYCE was in a favourable position trailing the eventual winner, RUNNING ON FAITH".
----Consequent upon the relegation of SMOKE N MIRRORS from 3rd placing, the amended placings are as follows:
--1st 9 Running on Faith
--2nd 4 One Dream
--3rd 1 Belletti
--4th 11 Top Tempo
--5th 2 Ohoka Moon
----R G McKenzie
----CHAIRMAN
------
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 868.7
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3c5111d33279a8f6003ca03baeea34c2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3820dd94cd3d1e8e4252b9c3b7edd878
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/06/2007
meet_title: Ashburton TC - 2 June 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Ashburton TC