Ashburton TC 26 December 2011 – R 9 (instigating a protest)
ID: JCA16808
Meet Title:
Ashburton TC - 26 December 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/12/26
Race Number:
R9
Decision:
The protest was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 9, Christian Cullen Canterbury Mares Series Heat Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, by DATMYMULLIGAN (K P O’Connor), placed 9th by the judge, against ISINBAYEVA (G D Smith), placed 4th by the judge, on the grounds that “at about the 600 metres, the chances and progress of DATMYMULLIGAN, were interfered with by G D Smith shifting his horse ISINBAYEVA outwards”.
Mr Smith, the trainer and driver of ISINBAYEVA, was present at the hearing of the information and he indicated that he represented the connections of that horse.
Rule 869 provides as follows:
(8) 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.
Submissions for Decision:
Mr Ydgren said that the Stewards were alleging that, at about the 600 metres, Mr Smith shifted ISINBAYEVA from the 2-wide line to the 3-wide line onto the back of TEN DIAMONDS (B J Hill). At that time, that position had been held by DATMYMULLIGAN (K P O’Connor). The Stewards were contending that Mr Smith’s shift had not been a slow and gradual one, but was more of a sudden nature which had not eased Mrs O’Connor out, but rather “shunted” her out.
Mrs O’Connor stated that, when she was following TEN DIAMONDS, her horse was “a bit flat”. The horse tends to race that way, she said. She admitted that, had the mare been travelling well enough, she should have been “harder up”. However, Mr Smith had come out “reasonably quickly”. She stated that she could not say whether she would have been in a stakes-bearing place had she been able to stay on the back of TEN DIAMONDS at that point.
Mr S P Renault, Stipendiary Steward, showed video replays of the incident with approximately 600 metres to run. He pointed out the respective runners, racing towards the rear of the field. He pointed out Mrs O’Connor being forced up onto one wheel as Mr Smith moved out. Mrs O’Connor had very little time to react, he said. There was a “slight gap” for Mr Smith and Mrs O’Connor was forced 4-wide. Mr Smith then improved 3-wide round the field.
Mrs O’Connor conceded that the video showed Mr Smith was entitled to come out, but it was the manner in which he had done so that caused interference to DATMYMULLIGAN, she said.
Mrs O’Connor said that DATMYMULLIGAN was a “funny horse” and, but for the interference, would probably have stayed on the back of TEN DIAMONDS and not given up. However, the mare was “flat”, Mrs O’Connor said, and she was unable to say where she would have finished.
The Committee asked for the video to be run on to the finish of the race. Mrs O’Connor said that she did not persist after the mare had been pushed wide around the final bend. The Committee noted that DATMYMULLIGAN finished in 9th placing, some 10 lengths in arrears of ISINBAYEVA.
Mr Smith denied that he had made a sudden outward movement. He said that, initially, he did not plan to come out as DATMYMULLIGAN was trailing up but, nearing the bend, it started to lay in and Mrs O’Connor started driving it. Mr Smith repeated that he had come out “pretty smoothly” and had a clear advantage to enable him to do so. He alleged that Mrs O’Connor did accept that she was being pushed out. He pointed out on the video that Mrs O’Connor had attempted to come out but her horse had been laying in.
Mrs O’Connor had got straight back onto his back after the incident but was not travelling well enough to keep up, Mr Smith submitted. She was then pushed out again by HOLLYWOOD SUE (B Weaver). Mr Smith stressed the finishing position of DATMYMULLIGAN and the distance behind the “bunch” that it finished. He submitted that he had not affected its chances.
In response to a question from Mr Ydgren, Mrs O’Connor agreed that, prior to the incident, her mare had been lugging in.
Reasons for Decision:
The first matter for the Committee to determine, was whether there had been interference by ISINBAYEVA to DATMTMULLIGAN when Mr Smith moved from the 2-wide line to 3-wide with approximately 600 metres to race. It was agreed by both parties, that Mr Smith was entitled to ease Mrs O’Connor out at that point and it was clear to the Committee that he had a clear advantage which entitled him to do so. The Committee was satisfied, from the video evidence, that Mr Smith had not done so in an abrupt manner but had done so in a gradual manner and with safety. Mrs O’Connor, it appeared, had some difficulty making room for Mr Smith and the interference to DATMYMULLIGAN was the result of that runner laying in at that point, which it clearly did, as Mrs O’Connor herself admitted. Therefore, the Committee was not satisfied that ISINBAYEVA had caused interference as alleged.
It was not necessary, therefore, for the Committee to go on to consider whether the progress or chance of DATMTMULLIGAN was affected as a result of the incident. Suffice it to say, that, on the evidence, the Committee would have been most unlikely to have made such a finding.
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: a2fe1f52e365a13abf0920086c0b9da5
informantnumber: A5341
horsename: ISINBAYEVA
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/12/2011
hearing_title: Ashburton TC 26 December 2011 - R 9 (instigating a protest)
charge:
facts:
Following the running of Race 9, Christian Cullen Canterbury Mares Series Heat Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, by DATMYMULLIGAN (K P O’Connor), placed 9th by the judge, against ISINBAYEVA (G D Smith), placed 4th by the judge, on the grounds that “at about the 600 metres, the chances and progress of DATMYMULLIGAN, were interfered with by G D Smith shifting his horse ISINBAYEVA outwards”.
Mr Smith, the trainer and driver of ISINBAYEVA, was present at the hearing of the information and he indicated that he represented the connections of that horse.
Rule 869 provides as follows:
(8) 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that the Stewards were alleging that, at about the 600 metres, Mr Smith shifted ISINBAYEVA from the 2-wide line to the 3-wide line onto the back of TEN DIAMONDS (B J Hill). At that time, that position had been held by DATMYMULLIGAN (K P O’Connor). The Stewards were contending that Mr Smith’s shift had not been a slow and gradual one, but was more of a sudden nature which had not eased Mrs O’Connor out, but rather “shunted” her out.
Mrs O’Connor stated that, when she was following TEN DIAMONDS, her horse was “a bit flat”. The horse tends to race that way, she said. She admitted that, had the mare been travelling well enough, she should have been “harder up”. However, Mr Smith had come out “reasonably quickly”. She stated that she could not say whether she would have been in a stakes-bearing place had she been able to stay on the back of TEN DIAMONDS at that point.
Mr S P Renault, Stipendiary Steward, showed video replays of the incident with approximately 600 metres to run. He pointed out the respective runners, racing towards the rear of the field. He pointed out Mrs O’Connor being forced up onto one wheel as Mr Smith moved out. Mrs O’Connor had very little time to react, he said. There was a “slight gap” for Mr Smith and Mrs O’Connor was forced 4-wide. Mr Smith then improved 3-wide round the field.
Mrs O’Connor conceded that the video showed Mr Smith was entitled to come out, but it was the manner in which he had done so that caused interference to DATMYMULLIGAN, she said.
Mrs O’Connor said that DATMYMULLIGAN was a “funny horse” and, but for the interference, would probably have stayed on the back of TEN DIAMONDS and not given up. However, the mare was “flat”, Mrs O’Connor said, and she was unable to say where she would have finished.
The Committee asked for the video to be run on to the finish of the race. Mrs O’Connor said that she did not persist after the mare had been pushed wide around the final bend. The Committee noted that DATMYMULLIGAN finished in 9th placing, some 10 lengths in arrears of ISINBAYEVA.
Mr Smith denied that he had made a sudden outward movement. He said that, initially, he did not plan to come out as DATMYMULLIGAN was trailing up but, nearing the bend, it started to lay in and Mrs O’Connor started driving it. Mr Smith repeated that he had come out “pretty smoothly” and had a clear advantage to enable him to do so. He alleged that Mrs O’Connor did accept that she was being pushed out. He pointed out on the video that Mrs O’Connor had attempted to come out but her horse had been laying in.
Mrs O’Connor had got straight back onto his back after the incident but was not travelling well enough to keep up, Mr Smith submitted. She was then pushed out again by HOLLYWOOD SUE (B Weaver). Mr Smith stressed the finishing position of DATMYMULLIGAN and the distance behind the “bunch” that it finished. He submitted that he had not affected its chances.
In response to a question from Mr Ydgren, Mrs O’Connor agreed that, prior to the incident, her mare had been lugging in.
reasonsfordecision:
The first matter for the Committee to determine, was whether there had been interference by ISINBAYEVA to DATMTMULLIGAN when Mr Smith moved from the 2-wide line to 3-wide with approximately 600 metres to race. It was agreed by both parties, that Mr Smith was entitled to ease Mrs O’Connor out at that point and it was clear to the Committee that he had a clear advantage which entitled him to do so. The Committee was satisfied, from the video evidence, that Mr Smith had not done so in an abrupt manner but had done so in a gradual manner and with safety. Mrs O’Connor, it appeared, had some difficulty making room for Mr Smith and the interference to DATMYMULLIGAN was the result of that runner laying in at that point, which it clearly did, as Mrs O’Connor herself admitted. Therefore, the Committee was not satisfied that ISINBAYEVA had caused interference as alleged.
It was not necessary, therefore, for the Committee to go on to consider whether the progress or chance of DATMTMULLIGAN was affected as a result of the incident. Suffice it to say, that, on the evidence, the Committee would have been most unlikely to have made such a finding.
Decision:
The protest was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mrs K P O'Connor - Licensed Open Driver, Mr S P Renault - Stipendiary Steward
Respondent: Mr G D Smith - Licensed Open Horseman
StipendSteward:
raceid: 5ede7b4ca7f7c814687ed4f95aa25b7a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 28fa6c33be8ed757e402472f49aa0603
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2011
meet_title: Ashburton TC - 26 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Ashburton TC