Auckland TC 14 June 2013 – R 7 (instigating a protest)
ID: JCA17202
Meet Title:
Auckland TC - 14 June 2013
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2013/06/14
Race Number:
R7
Decision:
The Protest is upheld and this Committee orders that PRECIOUS ROSE be relegated to 9th placing behind POKER BRAT.
The amended placings are now 1st (11) EASY ON THE EYE
2nd (10) MURPHY MAGUIRE
3rd (4) SECRET DESIRE
4th (9) IDEAL SCOTT
5th (6) BESOTTED
6th (8) THREE JEWELLS
It was ordered that dividends and stakes be paid in accordance with the amended placings.
Facts:
An Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 4th placing of PRECIOUS ROSE on the grounds that at the 75 metres mark it shifted ground outwards onto SECRET DESIRE, THREE JEWELLS AND POKER BRAT which broke.
Drivers Butcher, Neal and Herlihy all confirmed to the Committee that they represented the connections of their horses and Mr Stockman was present as Owner of Secret Desire.
Mr Z Butcher when asked advised this Committee that the Protest was contested.
Mr Muirhead gave evidence by use of the films of the race and showed where PRECIOUS ROSE was 3 deep on the inside in the Home Straight and SECRET DESIRE, THREE JEWELLS and POKER BRAT were finishing on outside him. He then said that with about 75 metres to run Mr Butcher moved out about 2 sulky widths and forced SECRET DESIRE onto THREE JEWELLS who in turn was pushed onto POKER BRAT and it broke losing its chance.
Mr Phelan said he had come outside Mr Butcher about 150 metres from the finish and Mr Butcher moved out about a sulky width and this caused Mr Phelan's horse to be pushed wider and it checked Mr Neal's horse.
Mr Neal said he was battling away in the run home and Mr Phelan came out and made contact with his horse and pushed it out onto Mr Herlihy's horse POKER BRAT.
Mr Herlihy said it got tight in the run home and his horse got checked from the inside and broke. He said he was battling away ok at the time.
Mr Butcher said he only came out half a sulky width and that he was entitled to come out but that Mr Phelan had moved up outside him and kept moving and this contributed to the situation. When asked by the Committee Mr Butcher said he did not push Mr Phelan out but rather he (Mr Phelan) was moving up outside him.
Mr Butcher also said that no one called out to him.
Submissions for Decision:
Mr Muirhead said that Mr Butcher had an obligation not only to not cause interference but also not to impede the progress of any other horse. He said that by his actions Mr Butcher had caused interference to 3 horses one of which, POKER BRAT, broke and lost its chance.
Mr P Butcher said that the movement by Mr Z Butcher was not excessive and that he was entitled to come out when he did and he then held his line. He said that Mr Phelan's horse was finishing on and this contributed to the incident.
Mr Z Butcher again said that he was entitled to move out when he did and no one called out. He saw this as being important.
Reasons for Decision:
The Committee listened carefully to the evidence and also viewed the films several times. The film coverage of this incident is excellent.
In our view Mr Butcher has moved out at least one and a half sulky widths and in doing so he has pushed SECRET DESIRE onto THREE JEWELLS who in turn was forced onto POKER BRAT which broke. There was contact between the various horses and our view is that this was caused by Mr Butcher.
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: e90a83ca41150b5c59dba4b053d477e3
informantnumber: A4649
horsename: PRECIOUS ROSE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/06/2013
hearing_title: Auckland TC 14 June 2013 - R 7 (instigating a protest)
charge:
facts:
An Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 4th placing of PRECIOUS ROSE on the grounds that at the 75 metres mark it shifted ground outwards onto SECRET DESIRE, THREE JEWELLS AND POKER BRAT which broke.
Drivers Butcher, Neal and Herlihy all confirmed to the Committee that they represented the connections of their horses and Mr Stockman was present as Owner of Secret Desire.
Mr Z Butcher when asked advised this Committee that the Protest was contested.
Mr Muirhead gave evidence by use of the films of the race and showed where PRECIOUS ROSE was 3 deep on the inside in the Home Straight and SECRET DESIRE, THREE JEWELLS and POKER BRAT were finishing on outside him. He then said that with about 75 metres to run Mr Butcher moved out about 2 sulky widths and forced SECRET DESIRE onto THREE JEWELLS who in turn was pushed onto POKER BRAT and it broke losing its chance.
Mr Phelan said he had come outside Mr Butcher about 150 metres from the finish and Mr Butcher moved out about a sulky width and this caused Mr Phelan's horse to be pushed wider and it checked Mr Neal's horse.
Mr Neal said he was battling away in the run home and Mr Phelan came out and made contact with his horse and pushed it out onto Mr Herlihy's horse POKER BRAT.
Mr Herlihy said it got tight in the run home and his horse got checked from the inside and broke. He said he was battling away ok at the time.
Mr Butcher said he only came out half a sulky width and that he was entitled to come out but that Mr Phelan had moved up outside him and kept moving and this contributed to the situation. When asked by the Committee Mr Butcher said he did not push Mr Phelan out but rather he (Mr Phelan) was moving up outside him.
Mr Butcher also said that no one called out to him.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said that Mr Butcher had an obligation not only to not cause interference but also not to impede the progress of any other horse. He said that by his actions Mr Butcher had caused interference to 3 horses one of which, POKER BRAT, broke and lost its chance.
Mr P Butcher said that the movement by Mr Z Butcher was not excessive and that he was entitled to come out when he did and he then held his line. He said that Mr Phelan's horse was finishing on and this contributed to the incident.
Mr Z Butcher again said that he was entitled to move out when he did and no one called out. He saw this as being important.
reasonsfordecision:
The Committee listened carefully to the evidence and also viewed the films several times. The film coverage of this incident is excellent.
In our view Mr Butcher has moved out at least one and a half sulky widths and in doing so he has pushed SECRET DESIRE onto THREE JEWELLS who in turn was forced onto POKER BRAT which broke. There was contact between the various horses and our view is that this was caused by Mr Butcher.
Decision:
The Protest is upheld and this Committee orders that PRECIOUS ROSE be relegated to 9th placing behind POKER BRAT.
The amended placings are now 1st (11) EASY ON THE EYE
2nd (10) MURPHY MAGUIRE
3rd (4) SECRET DESIRE
4th (9) IDEAL SCOTT
5th (6) BESOTTED
6th (8) THREE JEWELLS
It was ordered that dividends and stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(8)(a) &(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr Z Butcher -Driver of Precious Rose, Mr S Phelan - Driver of Secret Desire, Mr AP Neal - Driver of Three Jewells, Mr A G Herlihy - Driver of Poker Brat, Mr S Stockman - Owner of Secret Desire, Mr P Butcher - Horseman supporting Mr Z Butcher
Respondent:
StipendSteward:
raceid: e0ecd8301716509aa4e62cc85bfd0477
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ee65b69215736e500ccf34f81efc6839
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/06/2013
meet_title: Auckland TC - 14 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC