Auckland TC 14 October 2011 – R 2 (instigating a protest)
ID: JCA12742
Meet Title:
Auckland TC - 14 October 2011
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2011/10/14
Race Number:
R 2
Decision:
The protest is upheld and number 9 SAMELIA is relegated from fourth to behind horse number 1 BETTORS IMAGE.
The amended result is now:
1st 2 - Millview Rachal
2nd 8 - Shades of Success
3rd 5- Anvil Justice
4th 7- All Defiance
5th 1- Bettors Image
6th 9 - Samelia
It was ordered that dividends and stakes be paid in accordance with the amended result.
Facts:
Following the running of Race 2, an Information Instigating a Protest was lodged by Stipendiary Stewart Mr JM Muirhead against the fourth placing of horse number 9 SAMELIA on the grounds of causing interference with 500 metres to run to horse number 1 BETTORS IMAGE.
The Protest was contested.
Rule 869(4) provides:
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or it’s progress.”
Rule 869(4)(A) provides:
“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.”
Mr Phillips was present as part Owner, Trainer and Driver of SAMELIA and the Rules were read to him.
Submissions for Decision:
Mr Muirhead demonstrated the incident by use of video films and these showed that after the horses had entered the back straight Mr Phillips driving SAMELIA moved wide to go round the field. At around the 500 metre mark he moved inwards but on his inside were Mr Robinson driving BETTORS IMAGE and Mr Vince driving WITH A VENGEANCE. Mr Vince had previously been on the running line and had moved off into the one/out position. Mr Muirhead said that Mr Phillips in moving in had caused Mr Robinson to run out of room and his horse was checked and it broke.
Mr Muirhead did say that at the last minute Mr Phillips took some evasive action and turned his horses head out but it was too late.
Mr Vince said that he had moved off the running line and had room to do so and he had established his position one out. He said he heard a call and he did not think that there was any contact between him and Mr Robinson.
Mr Robinson said that he could see Mr Vince moving out and he moved with him. He said that Mr Phillips moved in from out wide and that as a result Mr Robinson ran out of room. He said that he took hold of his horse and it broke. He did not think that there was any contact.
Mr Phillips said that he had been four wide and he got across to three wide. He said he was entitled to move into the space that he took and he did acknowledge taking some evasive action. He also advised the Committee that in his opinion he was not solely responsible for Mr Robinson running out of room and he said that Mr Vince moving out had contributed to it and also that Mr Robinson should had eased back.
Mr Muirhead acknowledged that there some contributing factors but said that as far as the Stewards were concerned Mr Phillips by continuing to move in had caused Mr Robinson to run out of room and had caused the interference.
Reasons for Decision:
The Committee viewed the films and listened to the evidence. The films clearly showed the movement of the three horses involved and in the Committee’s view Mr Phillips has clearly moved in too far. He is seen to take some corrective action but it was too little too late. There was no pressure on Mr Phillips from the outside and as a result of his actions Mr Robinson’s horse was checked. The Committee notes that BETTORS IMAGE still managed to finish sixth despite the interference and breaking and in the Committee’s view its chances were affected.
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: 521c1ce2b97809d8f5ba5d805cc33dc6
informantnumber: 13416
horsename: SAMELIA
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 11/10/2011
hearing_title: Auckland TC 14 October 2011 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, an Information Instigating a Protest was lodged by Stipendiary Stewart Mr JM Muirhead against the fourth placing of horse number 9 SAMELIA on the grounds of causing interference with 500 metres to run to horse number 1 BETTORS IMAGE.
The Protest was contested.
Rule 869(4) provides:
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or it’s progress.”
Rule 869(4)(A) provides:
“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.”
Mr Phillips was present as part Owner, Trainer and Driver of SAMELIA and the Rules were read to him.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by use of video films and these showed that after the horses had entered the back straight Mr Phillips driving SAMELIA moved wide to go round the field. At around the 500 metre mark he moved inwards but on his inside were Mr Robinson driving BETTORS IMAGE and Mr Vince driving WITH A VENGEANCE. Mr Vince had previously been on the running line and had moved off into the one/out position. Mr Muirhead said that Mr Phillips in moving in had caused Mr Robinson to run out of room and his horse was checked and it broke.
Mr Muirhead did say that at the last minute Mr Phillips took some evasive action and turned his horses head out but it was too late.
Mr Vince said that he had moved off the running line and had room to do so and he had established his position one out. He said he heard a call and he did not think that there was any contact between him and Mr Robinson.
Mr Robinson said that he could see Mr Vince moving out and he moved with him. He said that Mr Phillips moved in from out wide and that as a result Mr Robinson ran out of room. He said that he took hold of his horse and it broke. He did not think that there was any contact.
Mr Phillips said that he had been four wide and he got across to three wide. He said he was entitled to move into the space that he took and he did acknowledge taking some evasive action. He also advised the Committee that in his opinion he was not solely responsible for Mr Robinson running out of room and he said that Mr Vince moving out had contributed to it and also that Mr Robinson should had eased back.
Mr Muirhead acknowledged that there some contributing factors but said that as far as the Stewards were concerned Mr Phillips by continuing to move in had caused Mr Robinson to run out of room and had caused the interference.
reasonsfordecision:
The Committee viewed the films and listened to the evidence. The films clearly showed the movement of the three horses involved and in the Committee’s view Mr Phillips has clearly moved in too far. He is seen to take some corrective action but it was too little too late. There was no pressure on Mr Phillips from the outside and as a result of his actions Mr Robinson’s horse was checked. The Committee notes that BETTORS IMAGE still managed to finish sixth despite the interference and breaking and in the Committee’s view its chances were affected.
Decision:
The protest is upheld and number 9 SAMELIA is relegated from fourth to behind horse number 1 BETTORS IMAGE.
The amended result is now:
1st 2 - Millview Rachal
2nd 8 - Shades of Success
3rd 5- Anvil Justice
4th 7- All Defiance
5th 1- Bettors Image
6th 9 - Samelia
It was ordered that dividends and stakes be paid in accordance with the amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869
Informant: Mr JM Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: SB Phillips - Driver of SAMELIA, M Robinson - Driver of BETTORS IMAGE, TR Vance - Driver of WITH A VENGEANCE
Respondent:
StipendSteward:
raceid: ca98e3a597c769ba5734095b75b4a996
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: 7ba2a82cb6ba03817ce478e373674263
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/10/2011
meet_title: Auckland TC - 14 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC