Auckland TC 2 December 2011 – R 2 (instigating a protest)
ID: JCA13290
Meet Title:
Auckland TC - 2 December 2011
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2011/12/02
Race Number:
R 2
Decision:
The protest is upheld and number (8), ANVIL JUSTICE is relegated from fourth to last place.
Amended result is now:
1st - (2) EM EF CEE
2nd - (9) STILETTO POINT
3rd - (11) OUR SOUTHERN MAN
4th - (10) ALL DEFIANCE
5th - (6) WITH A VENGEANCE
6th - (3) SPEEDSTAR
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 Steward, Mr NG McIntyre, against the fourth placing of horse number (8), ANVIL JUSTICE (Driver J Brownlee), on the grounds of causing interference on the home turn to ANVIL JUSTICE, with resulting interference to HOT WIRED and FIREINTHEHOLE.
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 its progress.”
Rule 869(4A) provides:
“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.”
Rule 869(8) provides:
“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 video films, and these showed ANVIL JUSTICE on the running line prior to the home turn, with SPEEDSTAR one out and HOT WIRED on the outside of it. FIREINTHEHOLE was behind those horses. Mr Brownlee moved out and in doing so, tightened SPEEDSTAR for room, causing interference to that horse with resulting interference to FIREINTHEHOLE.
Mr Wenn said that he was moving up to make his run in the straight when Mr Brownlee came out from the inside of him. He said that Mr Brownlee tightened his horse up and he could not move outwards because Mr Phelan was already outside him driving HOT WIRED. Mr Wenn said that there was contact between his horse and Mr Brownlee’s horse. Mr Wenn said that his horse was travelling well and his chances were affected as a result of the interference.
Mr Phelan confirmed that as the Driver of HOT WIRED he was on the outside of SPEEDSTAR and as a result, that horse could not move wider on the track.
Mr Stormont, as the Driver of FIREINTHEHOLE, confirmed that he had received resultant interference from the incident in front of him.
Mr Brownlee said that he was driving on the running line and that there was a gap on the outside of him. He said that he had plenty of room to move and he was entitled to go where he did, and he did so to make his run in the straight. He did not believe that he had caused SPEEDSTAR to run out of room, nor did he believe that there was any contact between his horse and SPEEDSTAR. He believed that he was perfectly entitled to move when he did and in the manner that he did.
Mr McIntyre in summary, said that the films showed the incident quite clearly, and showed the interference to SPEEDSTAR and that that interference was caused by Mr Brownlee’s horse ANVIL JUSTICE.
Reasons for Decision:
The Committee has listened to the evidence and has viewed the films numerous times. The films clearly showed the outward movement of ANVIL JUSTICE on the final bend and do show SPEEDSTAR running out of room and being checked. SPEEDSTAR could not move outwards because of the presence of HOT WIRED three wide.
We are satisfied that the interference was caused by the outwards movement of ANVIL JUSTICE and that the chances of SPEEDSTAR 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: 5e096c4306a0fba68d3057435d2fa19f
informantnumber: A1035
horsename: ANVIL JUSTICE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/12/2011
hearing_title: Auckland TC 2 December 2011 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, an Information Instigating a Protest was lodged by Stipendiary Steward, Mr NG McIntyre, against the fourth placing of horse number (8), ANVIL JUSTICE (Driver J Brownlee), on the grounds of causing interference on the home turn to ANVIL JUSTICE, with resulting interference to HOT WIRED and FIREINTHEHOLE.
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 its progress.”
Rule 869(4A) provides:
“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.”
Rule 869(8) provides:
“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 video films, and these showed ANVIL JUSTICE on the running line prior to the home turn, with SPEEDSTAR one out and HOT WIRED on the outside of it. FIREINTHEHOLE was behind those horses. Mr Brownlee moved out and in doing so, tightened SPEEDSTAR for room, causing interference to that horse with resulting interference to FIREINTHEHOLE.
Mr Wenn said that he was moving up to make his run in the straight when Mr Brownlee came out from the inside of him. He said that Mr Brownlee tightened his horse up and he could not move outwards because Mr Phelan was already outside him driving HOT WIRED. Mr Wenn said that there was contact between his horse and Mr Brownlee’s horse. Mr Wenn said that his horse was travelling well and his chances were affected as a result of the interference.
Mr Phelan confirmed that as the Driver of HOT WIRED he was on the outside of SPEEDSTAR and as a result, that horse could not move wider on the track.
Mr Stormont, as the Driver of FIREINTHEHOLE, confirmed that he had received resultant interference from the incident in front of him.
Mr Brownlee said that he was driving on the running line and that there was a gap on the outside of him. He said that he had plenty of room to move and he was entitled to go where he did, and he did so to make his run in the straight. He did not believe that he had caused SPEEDSTAR to run out of room, nor did he believe that there was any contact between his horse and SPEEDSTAR. He believed that he was perfectly entitled to move when he did and in the manner that he did.
Mr McIntyre in summary, said that the films showed the incident quite clearly, and showed the interference to SPEEDSTAR and that that interference was caused by Mr Brownlee’s horse ANVIL JUSTICE.
reasonsfordecision:
The Committee has listened to the evidence and has viewed the films numerous times. The films clearly showed the outward movement of ANVIL JUSTICE on the final bend and do show SPEEDSTAR running out of room and being checked. SPEEDSTAR could not move outwards because of the presence of HOT WIRED three wide.
We are satisfied that the interference was caused by the outwards movement of ANVIL JUSTICE and that the chances of SPEEDSTAR were affected as a result of the interference.
Decision:
The protest is upheld and number (8), ANVIL JUSTICE is relegated from fourth to last place.
Amended result is now:
1st - (2) EM EF CEE
2nd - (9) STILETTO POINT
3rd - (11) OUR SOUTHERN MAN
4th - (10) ALL DEFIANCE
5th - (6) WITH A VENGEANCE
6th - (3) SPEEDSTAR
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 G McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr T Wenn - Driver of SPEEDSTAR, Mr F Phelan - Driver of HOT WIRED, Mr M Stormont - Driver of FIREINTHEHOLE
Respondent: Mr J Brownlee - Driver of ANVIL JUSTICE
StipendSteward:
raceid: 25b820226769a6200cdef8b537c29197
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: 4b4ebe015314502188745b74311bc5b9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/12/2011
meet_title: Auckland TC - 2 December 2011
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