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Auckland TC 17 June 2011 – R 8

ID: JCA15415

Applicant:
Mr N McIntyre - Stipendiary Steward

Respondent(s):
Mr A Herlihy - Licensed Open Trainer

Information Number:
13872

Hearing Type:
Protest

Rules:
869

Meet Title:
Auckland TC - 17 June 2011

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2011/06/17

Race Number:
R8

Decision:

The protest is accordingly upheld and COURAGE TO RULE is relegated to fifth place and DEVIL DODGER is promoted to fourth place.
 
The amended result is now:
1st 3 – Stirling Point
2nd 7 – Ultimate Player
3rd 12 - McKay
4th 10 – Devil Dodger
5th 9 – Courage To Rule
6th 5 - Roseraire
 
It was ordered that dividends and stakes be paid in accordance with the amended result.
 

Facts:

Following the running of Race 8 an Information Instigating a Protest was filed by Stipendiary Stewart Mr NG McIntyre against the fourth placing of COURAGE TO RULE (Driver AG Herlihy) on the grounds of interference to DEVIL DODGER (Driver BM Mangos) with approximately 140 metres to run.  Messrs Herlihy and Mangos represented the connections of each of their horses.
Rule 869 provides:
“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 McIntyre demonstrated the incident by use of the video films. The Committee had the benefit of several angles of the particular incident. The films showed that both COURAGE TO RULE and DEVIL DODGER were making ground in the straight with COURAGE TO RULE on the inside of DEVIL DODGER. Both horses were several lengths behind the leader with about 140 metres from home and Mr Herlihy angled out with COURAGE TO RULE and came into contact with the sulky of DEVIL DODGER. This resulted in Mr Mangos stopping driving for a few strides and easing his horse outwards slightly. He then finished on to run fifth, half a head behind COURAGE TO RULE.
 
Mr Mangos in evidence said that he got hooked up with Mr Herlihy for about four or five strides approximately 150 metres from the Winning Post. He said that he was only battling at the time but he did acknowledge that his momentum had been held up by the incident albeit that he said it was fractionally. Mr Mangos said that his chances were not affected although the Committee asked him how that could be when his momentum was held up at the 140 metre mark and after that he closed to within half a head of COURAGE TO RULE.
 
Mr Herlihy for his part blamed Mr May driving ULTIMATE PLAYER for contributing to the incident. He said that Mr May had moved out at least two cart widths in the straight and this had contributed to the incident. He did acknowledge that there was contact with Mr Mangos’ sulky wheel.
 
Mr McIntyre for his part said that as a result of the incident Mr Mangos’ horse was held up for four or five strides and as a result lost approximately half a length and closed to within half a head of COURAGE TO RULE.

Reasons for Decision:

The Committee has viewed the films several times and considered the evidence put before it.  The films clearly show the incident and show that as a result of the incident Mr Mangos had to stop driving DEVIL DODGER for several strides and lost some momentum. DEVIL DODGER also, in the Committee’s opinion, lost half to three quarters of a length on COURAGE TO RULE. DEVIL DODGER then closed quite quickly over the last twenty or thirty metres to get within half a head of COURAGE TO RULE.  The films also showed that although ULTIMATE PLAYER driven by Mr May moved outwards in the straight towards MCKAY (Driver Mr D Dunn) that movement did not force Mr Herlihy onto DEVIL DODGER but rather meant that there was not a gap for Mr Herlihy to move through.
 
The Committee is satisfied that interference had taken place and it was caused by COURAGE TO RULE and the chances of DEVIL DODGER finishing fourth were affected as a result of 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: 905d533e3677415565540d44df64a029

informantnumber: 13872

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 25/05/2011

hearing_title: Auckland TC 17 June 2011 - R 8

charge:

facts:

Following the running of Race 8 an Information Instigating a Protest was filed by Stipendiary Stewart Mr NG McIntyre against the fourth placing of COURAGE TO RULE (Driver AG Herlihy) on the grounds of interference to DEVIL DODGER (Driver BM Mangos) with approximately 140 metres to run.  Messrs Herlihy and Mangos represented the connections of each of their horses.
Rule 869 provides:
“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 McIntyre demonstrated the incident by use of the video films. The Committee had the benefit of several angles of the particular incident. The films showed that both COURAGE TO RULE and DEVIL DODGER were making ground in the straight with COURAGE TO RULE on the inside of DEVIL DODGER. Both horses were several lengths behind the leader with about 140 metres from home and Mr Herlihy angled out with COURAGE TO RULE and came into contact with the sulky of DEVIL DODGER. This resulted in Mr Mangos stopping driving for a few strides and easing his horse outwards slightly. He then finished on to run fifth, half a head behind COURAGE TO RULE.
 
Mr Mangos in evidence said that he got hooked up with Mr Herlihy for about four or five strides approximately 150 metres from the Winning Post. He said that he was only battling at the time but he did acknowledge that his momentum had been held up by the incident albeit that he said it was fractionally. Mr Mangos said that his chances were not affected although the Committee asked him how that could be when his momentum was held up at the 140 metre mark and after that he closed to within half a head of COURAGE TO RULE.
 
Mr Herlihy for his part blamed Mr May driving ULTIMATE PLAYER for contributing to the incident. He said that Mr May had moved out at least two cart widths in the straight and this had contributed to the incident. He did acknowledge that there was contact with Mr Mangos’ sulky wheel.
 
Mr McIntyre for his part said that as a result of the incident Mr Mangos’ horse was held up for four or five strides and as a result lost approximately half a length and closed to within half a head of COURAGE TO RULE.

reasonsfordecision:

The Committee has viewed the films several times and considered the evidence put before it.  The films clearly show the incident and show that as a result of the incident Mr Mangos had to stop driving DEVIL DODGER for several strides and lost some momentum. DEVIL DODGER also, in the Committee’s opinion, lost half to three quarters of a length on COURAGE TO RULE. DEVIL DODGER then closed quite quickly over the last twenty or thirty metres to get within half a head of COURAGE TO RULE.  The films also showed that although ULTIMATE PLAYER driven by Mr May moved outwards in the straight towards MCKAY (Driver Mr D Dunn) that movement did not force Mr Herlihy onto DEVIL DODGER but rather meant that there was not a gap for Mr Herlihy to move through.
 
The Committee is satisfied that interference had taken place and it was caused by COURAGE TO RULE and the chances of DEVIL DODGER finishing fourth were affected as a result of the interference.

Decision:

The protest is accordingly upheld and COURAGE TO RULE is relegated to fifth place and DEVIL DODGER is promoted to fourth place.
 
The amended result is now:
1st 3 – Stirling Point
2nd 7 – Ultimate Player
3rd 12 - McKay
4th 10 – Devil Dodger
5th 9 – Courage To Rule
6th 5 - Roseraire
 
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 N McIntyre - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr B Mangos - Licensed Open Horseman

Respondent: Mr A Herlihy - Licensed Open Trainer

StipendSteward:

raceid: 44e0fda1dd78d0cdbe986d0c65435b84

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R8

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: ca7bb704e7b3436e478aeedf83eef623

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 17/06/2011

meet_title: Auckland TC - 17 June 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "106", "Total": "65.72", "kmprice": 65.719999999999999, "Approved": "on"}, {"Comment": [], "kmprice": 60.759999999999998, "MemberID": "ADooley", "Member": "", "KMs": "98", "OtherExpenses": "0", "Total": "60.76", "MemberRole": "Panel member 1 ", "Approved": "on"}]

meet_otherexp:

tracklocation: auckland-tc

meet_racingtype: harness-racing

meet_chair: BScott

meet_pm1: ADooley

meet_pm2: none

name: Auckland TC