Archive Decision

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Auckland TC 2 August 2013 – R 10 (instigating a protest)

ID: JCA15240

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr S J Lawson - Driver of SWEET JANE

Information Number:
A3812

Hearing Type:
Protest

Rules:
Rule 869 (8) (a) and (b)

Meet Title:
Auckland TC - 2 August 2013

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2013/08/02

Race Number:
R10

Decision:

The Protest is accordingly upheld and SWEET JANE is relegated to behind FOREVER AN ANGEL and as a result it is promoted to third place.

The amended placings are:

First - (5) SILENCE IS GOLDEN

Second - (3) VENGEANCE

Third - (1) FOREVER AN ANGEL

Fourth - (8) SWEET JANE

Fifth - (6) DANCEMEOUTSIDE

It is ordered that Dividends and Stakes are paid in accordance with the amended placings.

Facts:

An Information Instigating a Protest was lodged by Stipendiary Steward Mr B Jones against the 2nd placing of SWEET JANE in the CADUCEUS CLUB Mobile PACE on the grounds of causing interference passing the 250 metres mark when SWEET JANE (Driver S Lawson) shifted ground outwards onto FOREVER AN ANGEL (Driver L Hollis).

Mr Lawson advised the Committee that the Protest was contested.

Mr Jones read the Rule and the parties acknowledged that they understood it.

Stipendiary Steward Mr NG McIntyre demonstrated the incident by use of the Race films and showed where about 250 metres from the finish SWEET JANE moved out sharply and in doing so it caused interference to FOREVER AN ANGEL on its outside which broke and then regained its gait and finished on to run 4th. He said that the interference caused FOREVER AN ANGEL to scramble and lose momentum.

Mr Hollis as the Driver of FOREVER AN ANGEL said that rounding the turn he was improving 3 wide and that Mr Lawson came out quickly and hit his horse's front legs and it broke and he lost momentum and that the incident had cost him running in the first 3.

Mr Lawson said that Mr Hollis' horse was tight in on the outside of his horse and it was wearing a boring pole and did not respond quickly when it should have. He said he had a clear advantage and he was entitled to push FOREVER AN ANGEL out. He said his movement was a steady movement and not a sharp movement as Mr Hollis had said and he said that because they were in the Home Straight Mr Hollis should have been expecting him to move out.  He said " I have touched him but it was tight because he could not steer his horse".

Mr Jones asked Mr Hollis how his horse was steering prior to the incident and he said it was fine.

Submissions for Decision:

Mr Reid said that Mr Lawson had a clear advantage over Mr Hollis' horse and that he was entitled to angle out and to  push Mr Hollis out. He also said that Mr Hollis should have been expecting Mr Lawson to move out and he should have been prepared to give way. He said Mr Hollis had difficulty because his horse was racing tight on the boring pole.

Mr Jones said that there was contact and it was caused by the sharp outwards movement by Mr Lawson and that he had caused Mr Hollis' horse to break and he had affected its momentum and its chances.

Reasons for Decision:

The Committee viewed the films several times and considered the evidence presented to it. The films are very clear in that they show the outwards movement by Mr Lawson and his horse and the interference caused to FOREVER AN ANGEL which caused it to break and lose momentum and then it regained its gait and finished on and ran 4th. In our view its chances were clearly affected as a result of the interference caused by Mr Lawson.

Mr Lawson has told us that he pushed Mr Hollis out and that he was entitled to do so. We do not accept that because Mr Lawson was too far in front of Mr Hollis' horse to push him out and he should have been more careful with his outward movement. He came out and acknowledged that he contacted the front legs of Mr Hollis' horse and as a result it broke.

As stated above the Committee believes that as a result of the interference the chances of FOREVER AN ANGEL in the Race 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: 7a16d20d305823c9cc8cdb86bf8ef76b


informantnumber: A3812


horsename: SWEET JANE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 30/07/2013


hearing_title: Auckland TC 2 August 2013 - R 10 (instigating a protest)


charge:


facts:

An Information Instigating a Protest was lodged by Stipendiary Steward Mr B Jones against the 2nd placing of SWEET JANE in the CADUCEUS CLUB Mobile PACE on the grounds of causing interference passing the 250 metres mark when SWEET JANE (Driver S Lawson) shifted ground outwards onto FOREVER AN ANGEL (Driver L Hollis).

Mr Lawson advised the Committee that the Protest was contested.

Mr Jones read the Rule and the parties acknowledged that they understood it.

Stipendiary Steward Mr NG McIntyre demonstrated the incident by use of the Race films and showed where about 250 metres from the finish SWEET JANE moved out sharply and in doing so it caused interference to FOREVER AN ANGEL on its outside which broke and then regained its gait and finished on to run 4th. He said that the interference caused FOREVER AN ANGEL to scramble and lose momentum.

Mr Hollis as the Driver of FOREVER AN ANGEL said that rounding the turn he was improving 3 wide and that Mr Lawson came out quickly and hit his horse's front legs and it broke and he lost momentum and that the incident had cost him running in the first 3.

Mr Lawson said that Mr Hollis' horse was tight in on the outside of his horse and it was wearing a boring pole and did not respond quickly when it should have. He said he had a clear advantage and he was entitled to push FOREVER AN ANGEL out. He said his movement was a steady movement and not a sharp movement as Mr Hollis had said and he said that because they were in the Home Straight Mr Hollis should have been expecting him to move out.  He said " I have touched him but it was tight because he could not steer his horse".

Mr Jones asked Mr Hollis how his horse was steering prior to the incident and he said it was fine.


appealdecision:


isappeal:


submissionsfordecision:

Mr Reid said that Mr Lawson had a clear advantage over Mr Hollis' horse and that he was entitled to angle out and to  push Mr Hollis out. He also said that Mr Hollis should have been expecting Mr Lawson to move out and he should have been prepared to give way. He said Mr Hollis had difficulty because his horse was racing tight on the boring pole.

Mr Jones said that there was contact and it was caused by the sharp outwards movement by Mr Lawson and that he had caused Mr Hollis' horse to break and he had affected its momentum and its chances.


reasonsfordecision:

The Committee viewed the films several times and considered the evidence presented to it. The films are very clear in that they show the outwards movement by Mr Lawson and his horse and the interference caused to FOREVER AN ANGEL which caused it to break and lose momentum and then it regained its gait and finished on and ran 4th. In our view its chances were clearly affected as a result of the interference caused by Mr Lawson.

Mr Lawson has told us that he pushed Mr Hollis out and that he was entitled to do so. We do not accept that because Mr Lawson was too far in front of Mr Hollis' horse to push him out and he should have been more careful with his outward movement. He came out and acknowledged that he contacted the front legs of Mr Hollis' horse and as a result it broke.

As stated above the Committee believes that as a result of the interference the chances of FOREVER AN ANGEL in the Race were affected.


Decision:

The Protest is accordingly upheld and SWEET JANE is relegated to behind FOREVER AN ANGEL and as a result it is promoted to third place.

The amended placings are:

First - (5) SILENCE IS GOLDEN

Second - (3) VENGEANCE

Third - (1) FOREVER AN ANGEL

Fourth - (8) SWEET JANE

Fifth - (6) DANCEMEOUTSIDE

It is ordered that Dividends and Stakes are paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 869 (8) (a) and (b)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr SJ Reid - Trainer of SWEET JANE, Mr N G McIntyre - Stipendiary Steward, Mr L Hollis - Driver of FOREVER AN ANGEL


Respondent: Mr S J Lawson - Driver of SWEET JANE


StipendSteward:


raceid: 8998020c3e53d76cc333a95c323e87a0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 271c984d7042a6e99ac062f8e80bcacc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/08/2013


meet_title: Auckland TC - 2 August 2013


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