Ashburton TC 4 June 2012 – R 2 (instigating a protest)
ID: JCA13157
Meet Title:
Ashburton TC - 4 June 2012
Meet Chair:
JMillar
Meet Committee Member 1:
JPhelan
Race Date:
2012/06/04
Race Number:
R 2
Decision:
The protest was upheld, and “Washington Star” was relegated to 11th position behind “Caesar” The amended places are as follows:
1st- Rome's Burning (3)
2nd- Shantahlia Knight (11)
3rd- Sky Ruler (12)
4th- Democracy (17)
5th- One And Only (5)
Facts:
Following the running of Race 2, the “Ashburton U-Hire Pace” an Information Instigating a Protest was filed by Stipendiary Steward Ray alleging interference by “Washington Star” (10), driven by Mr C DeFilippi, to “Caesar” (4), driven by Mr G O’Reilly.
The Judges' placings in this race were as follows:
1st - Rome’s Burning (3)
2nd- Shantahlia Knight (11)
3rd- Washington Star (10)
4th- Sky Ruler (12
5th- Democracy (17)
6th- One And Only (5)
The Information reads as follows:
“…..that horse number 10 or its driver placed 3rd by the Judge interfered with the chances of horse number 4…… (interference) near the 1400m Washington Star shifted in contacting Caesar which broke”
Rule 869 (8) provides 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 contact 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-
(c) 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:
Stipendiary Steward Mr McIntyre gave evidence of viewing the race from the top of the straight, having a clear view of the incident. He said “Washington Star” driven by Mr DeFilippi, had been hanging down from about the 500 metre mark while improving around “Caesar”. “Washington Star” moved down and made contact with “Caesar” causing “Caesar” to go into a break, losing its chance in the race.
With the assistance of the race video, the Stipendiary Stewards illustrated how “Washington Star” was “laying in”, and while Mr DeFilippi was endeavouring to keep his horse off “Caesar”, “Washington Star” moved down and caused “Caesar” to go into a break. At the time “Washington Star” had been established 4 wide and “Caesar” in the 3 wide position.
Mr O’Reilly said “Washington Star” had moved down causing the sulky wheel of “Washington Star” to strike the hind leg of “Caesar” causing “Caesar” to go into a break.
Mr DeFilippi gave evidence confirming “Washington Star” had been racing greenly and had moved down causing “Caesar” to go into a break. He submitted he believed the manner in which “Caesar” tended to throw his hind leg outside the confines of the sulky, together with the fact that the horses were racing in tight formation, had contributed to the contact being made. Therefore “Caesar” was as much to blame as “Washington Star” for the incident.
Mr Cameron, the trainer of “Washington Star” was driving another of his horses in the race. While he acknowledged he had not witnessed the incident, he supported the risk posed through the hind leg action as described by Mr DeFillipi of horses such as “Caesar”.
Mr Ray submitted “Washington Star” should be relegated to 11th place behind “Caesar”.
Reasons for Decision:
Uncontested evidence given at the hearing, clearly established that at about the 400 metre mark “Washington Star” hung down making contact with “Caesar”, causing the latter to go into a break, losing any chance it had in the race.
Mr DeFilippi and Mr O’Reilly made submissions as to the possibility of the racing actions of “Caesar” contributing to the interference. Taking into account the manner in which the incident arose, we did not accept this as the principle reason for the interference.
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: 4b0fc4ba2dd3957fcaaf265116beb5d1
informantnumber: A4551
horsename: WASHINGTON STAR
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/05/2012
hearing_title: Ashburton TC 4 June 2012 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, the “Ashburton U-Hire Pace” an Information Instigating a Protest was filed by Stipendiary Steward Ray alleging interference by “Washington Star” (10), driven by Mr C DeFilippi, to “Caesar” (4), driven by Mr G O’Reilly.
The Judges' placings in this race were as follows:
1st - Rome’s Burning (3)
2nd- Shantahlia Knight (11)
3rd- Washington Star (10)
4th- Sky Ruler (12
5th- Democracy (17)
6th- One And Only (5)
The Information reads as follows:
“…..that horse number 10 or its driver placed 3rd by the Judge interfered with the chances of horse number 4…… (interference) near the 1400m Washington Star shifted in contacting Caesar which broke”
Rule 869 (8) provides 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 contact 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-
(c) 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:
Stipendiary Steward Mr McIntyre gave evidence of viewing the race from the top of the straight, having a clear view of the incident. He said “Washington Star” driven by Mr DeFilippi, had been hanging down from about the 500 metre mark while improving around “Caesar”. “Washington Star” moved down and made contact with “Caesar” causing “Caesar” to go into a break, losing its chance in the race.
With the assistance of the race video, the Stipendiary Stewards illustrated how “Washington Star” was “laying in”, and while Mr DeFilippi was endeavouring to keep his horse off “Caesar”, “Washington Star” moved down and caused “Caesar” to go into a break. At the time “Washington Star” had been established 4 wide and “Caesar” in the 3 wide position.
Mr O’Reilly said “Washington Star” had moved down causing the sulky wheel of “Washington Star” to strike the hind leg of “Caesar” causing “Caesar” to go into a break.
Mr DeFilippi gave evidence confirming “Washington Star” had been racing greenly and had moved down causing “Caesar” to go into a break. He submitted he believed the manner in which “Caesar” tended to throw his hind leg outside the confines of the sulky, together with the fact that the horses were racing in tight formation, had contributed to the contact being made. Therefore “Caesar” was as much to blame as “Washington Star” for the incident.
Mr Cameron, the trainer of “Washington Star” was driving another of his horses in the race. While he acknowledged he had not witnessed the incident, he supported the risk posed through the hind leg action as described by Mr DeFillipi of horses such as “Caesar”.
Mr Ray submitted “Washington Star” should be relegated to 11th place behind “Caesar”.
reasonsfordecision:
Uncontested evidence given at the hearing, clearly established that at about the 400 metre mark “Washington Star” hung down making contact with “Caesar”, causing the latter to go into a break, losing any chance it had in the race.
Mr DeFilippi and Mr O’Reilly made submissions as to the possibility of the racing actions of “Caesar” contributing to the interference. Taking into account the manner in which the incident arose, we did not accept this as the principle reason for the interference.
Decision:
The protest was upheld, and “Washington Star” was relegated to 11th position behind “Caesar” The amended places are as follows:
1st- Rome's Burning (3)
2nd- Shantahlia Knight (11)
3rd- Sky Ruler (12)
4th- Democracy (17)
5th- One And Only (5)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr A Ray - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr G O'Reilly - Open Horseman, Mr I Cameron - Open Horseman
Respondent: Mr C DeFilippi - Open Horseman
StipendSteward:
raceid: 3d649feac548477758cfabcfbbcc90eb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9140d7f09f5a125210071c5e917cd49c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/06/2012
meet_title: Ashburton TC - 4 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: JMillar
meet_pm1: JPhelan
meet_pm2: none
name: Ashburton TC