Auckland TC 2 December 2011 – R 6 (instigating a protest)
ID: JCA13584
Meet Title:
Auckland TC - 2 December 2011
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2011/12/02
Race Number:
R 6
Decision:
The protest is therefore dismissed.
It was ordered that Dividends and Stakes be paid in accordance with the official result.
Facts:
Following the running of Race 6, an Information Instigating a Protest was lodged by Stipendiary Steward, Mr NG McIntyre, against the first placing of horse number (6) CAPTAIN WEBBER, on the grounds of causing interference over the concluding stages of the race when CAPTAIN WEBBER shifted outwards onto BAGGER VANCE.
The Protest was contested.
Mr Barron and Mr Butcher both advised this Committee that they were representing the connections of their horses.
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 the video films, and he said that the films showed that Mr Barron’s horse ran out inside the last 50 metres of the race and that Mr Butcher had to shift wider on the track. He said that although the movement was not great, it did cause Mr Butcher to shift out and he said that the margin at the end of the race was a nose.
Mr Butcher said that although Mr Barron’s horse had moved out, his horse had not lost any momentum and he had not stopped driving. Mr Butcher firmly told this Committee that his chances were not affected.
Mr Barron said that although he came out marginally, he agreed with Mr Butcher that his momentum was not checked, and that Mr Butcher had not stopped driving and that Mr Barron’s horse had beaten BAGGER VANCE fair and square.
Mr McIntyre, in summary, said that there was interference and that this was caused by Mr Barron, and as a result of the short margin, BAGGER VANCE’S chances must have been affected.
Reasons for Decision:
The Committee has viewed the films and listened to the evidence. The films clearly show the movement of both CAPTAIN WEBBER and BAGGER VANCE, although such movement is in the latter stages of the race.
Mr Butcher has not stopped driving his horse, and this confirms his evidence to us that he did not lose any momentum and that his chances were not 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: 49c89ac83e3f7551e3d7bbaba1ff2f63
informantnumber: 13418
horsename: CAPTAIN WEBBER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/12/2011
hearing_title: Auckland TC 2 December 2011 - R 6 (instigating a protest)
charge:
facts:
Following the running of Race 6, an Information Instigating a Protest was lodged by Stipendiary Steward, Mr NG McIntyre, against the first placing of horse number (6) CAPTAIN WEBBER, on the grounds of causing interference over the concluding stages of the race when CAPTAIN WEBBER shifted outwards onto BAGGER VANCE.
The Protest was contested.
Mr Barron and Mr Butcher both advised this Committee that they were representing the connections of their horses.
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 the video films, and he said that the films showed that Mr Barron’s horse ran out inside the last 50 metres of the race and that Mr Butcher had to shift wider on the track. He said that although the movement was not great, it did cause Mr Butcher to shift out and he said that the margin at the end of the race was a nose.
Mr Butcher said that although Mr Barron’s horse had moved out, his horse had not lost any momentum and he had not stopped driving. Mr Butcher firmly told this Committee that his chances were not affected.
Mr Barron said that although he came out marginally, he agreed with Mr Butcher that his momentum was not checked, and that Mr Butcher had not stopped driving and that Mr Barron’s horse had beaten BAGGER VANCE fair and square.
Mr McIntyre, in summary, said that there was interference and that this was caused by Mr Barron, and as a result of the short margin, BAGGER VANCE’S chances must have been affected.
reasonsfordecision:
The Committee has viewed the films and listened to the evidence. The films clearly show the movement of both CAPTAIN WEBBER and BAGGER VANCE, although such movement is in the latter stages of the race.
Mr Butcher has not stopped driving his horse, and this confirms his evidence to us that he did not lose any momentum and that his chances were not affected.
Decision:
The protest is therefore dismissed.
It was ordered that Dividends and Stakes be paid in accordance with the official result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr D J Butcher - Driver of BAGGER VANCE
Respondent: Mr K Barron - Driver of CAPTAIN WEBBER
StipendSteward:
raceid: 3dd1ef8c9735e849cfd1c83f011824be
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
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