Auckland TC 10 December 2010 – R 11 (instigating a protest)
ID: JCA13771
Meet Title:
Auckland TC - 10 December 2010
Meet Chair:
BRowe
Meet Committee Member 1:
BScott
Race Date:
2010/12/10
Race Number:
R 11
Decision:
For the above reasons the protest is dismissed, dividends and stake monies are to be paid in accordance with the Judges placings.
Facts:
Protest by ELIMINATOR placed 7th by the Judge against THE HAYNE TRAIN on the grounds of interference about 950metres from the finish of the race, that interference affecting the chance of ELIMINATOR.
Submissions for Decision:
Mr Muirhead gave evidence of his observations of the incident and showed and interpreted the video films of the incident. He said ELIMINATOR was leading, THE HAYNE TRAIN was parked and Mr Phelan was tapping it up to get to the lead. THE HAYNE TRAIN moved inwards, there was contact by Mr Phelan’s sulky wheel with the front leg of ELIMINATOR which broke. This resulted in MIGHTY FLYING THOMAS also breaking. ELIMINATOR lost several places instead of being in the trail. He produced the Judges result sheet which shows ELIMINATOR finished 3.1 lengths behind the 4th placed horse KOTARE YAAKOV.
Mr Barron said he restrained ELIMINATOR “it rebelled and didn’t want to pull back” and the sulky wheel of THE HAYNE TRAIN touched ELIMINATOR’s leg causing it to break and lose 2 – 3 lengths. He said ELIMINATOR then got into the trail behind THE HAYNE TRAIN but didn’t finish the race off in the home straight. He said he could not say ELIMINATOR would have finished at least 4th if the incident had not occurred.
Mr Butcher said MIGHTY FLYING THOMAS was racing erratically, “jumped out of its gear” when really it should not have and its chances were not affected.
Mr Phelan said ELIMINATOR arched its neck, put its head on the side, ran out and its leg touched his sulky wheel.
Reasons for Decision:
There were 4 stake bearing /dividend bearing places in the race. The committee accepts the evidence of Mr Muirhead and Mr Barron that it was the inward movement of THE HAYNE TRAIN which caused the contact and resulted in ELIMINATOR breaking and losing about 3 lengths. However the incident happened 950metres from the finish of the race, ELIMINATOR then got the trailing position and Mr Barron could not say the interference affected ELIMINATOR’s chance of finishing in at least 4th placing. The committee is therefore in a state of doubt as to the affect of the interference on the chance of ELIMINATOR taking into account the matters referred to and the margin of 3.1 lengths between ELIMINATOR and KOTARE YAAKOV.
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: 62662d6c20f40c41f8ba529e52ab9d83
informantnumber: 13848
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/12/2010
hearing_title: Auckland TC 10 December 2010 - R 11 (instigating a protest)
charge:
facts:
Protest by ELIMINATOR placed 7th by the Judge against THE HAYNE TRAIN on the grounds of interference about 950metres from the finish of the race, that interference affecting the chance of ELIMINATOR.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead gave evidence of his observations of the incident and showed and interpreted the video films of the incident. He said ELIMINATOR was leading, THE HAYNE TRAIN was parked and Mr Phelan was tapping it up to get to the lead. THE HAYNE TRAIN moved inwards, there was contact by Mr Phelan’s sulky wheel with the front leg of ELIMINATOR which broke. This resulted in MIGHTY FLYING THOMAS also breaking. ELIMINATOR lost several places instead of being in the trail. He produced the Judges result sheet which shows ELIMINATOR finished 3.1 lengths behind the 4th placed horse KOTARE YAAKOV.
Mr Barron said he restrained ELIMINATOR “it rebelled and didn’t want to pull back” and the sulky wheel of THE HAYNE TRAIN touched ELIMINATOR’s leg causing it to break and lose 2 – 3 lengths. He said ELIMINATOR then got into the trail behind THE HAYNE TRAIN but didn’t finish the race off in the home straight. He said he could not say ELIMINATOR would have finished at least 4th if the incident had not occurred.
Mr Butcher said MIGHTY FLYING THOMAS was racing erratically, “jumped out of its gear” when really it should not have and its chances were not affected.
Mr Phelan said ELIMINATOR arched its neck, put its head on the side, ran out and its leg touched his sulky wheel.
reasonsfordecision:
There were 4 stake bearing /dividend bearing places in the race. The committee accepts the evidence of Mr Muirhead and Mr Barron that it was the inward movement of THE HAYNE TRAIN which caused the contact and resulted in ELIMINATOR breaking and losing about 3 lengths. However the incident happened 950metres from the finish of the race, ELIMINATOR then got the trailing position and Mr Barron could not say the interference affected ELIMINATOR’s chance of finishing in at least 4th placing. The committee is therefore in a state of doubt as to the affect of the interference on the chance of ELIMINATOR taking into account the matters referred to and the margin of 3.1 lengths between ELIMINATOR and KOTARE YAAKOV.
Decision:
For the above reasons the protest is dismissed, dividends and stake monies are to be paid in accordance with the Judges placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4A) and (8)
Informant: Mr J Muirhead, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Phelan, driver THE HAYNER TRAIN representing the connections, Mr K Barron, driver ELIMINATOR, Mr D Butcher, driver MIGHTY FLYING THOMAS
Respondent:
StipendSteward:
raceid: c5263d8b4ac51a6f465151ba8e70756e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a3973030b797245464efeff45d5ee92d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/12/2010
meet_title: Auckland TC - 10 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BRowe
meet_pm1: BScott
meet_pm2: none
name: Auckland TC