Auckland TC 2 March 2018 – R 5 (instigating a protest) Chair, Mr B J Scott
ID: JCA11942
Meet Title:
Auckland TC - 2 March 2018
Meet Chair:
BScott
Meet Committee Member 1:
SChing
Race Date:
2018/03/02
Race Number:
R5
Decision:
The Protest is upheld and PRINCESS MACKENDON is disqualified from the race.
The amended placings are now : first (6) MAJESTIC ALI
second (3) CAITLIN'S SURPRISE
third (1) LOVELY BUNDY
fourth (9) SUNSET PEAK
fifth (2) TERESKOVA
It is ordered that dividends and stakes be paid in accordance with the amended placings.
Facts:
Following the running of the SIMS PACIFIC METALS NORTHERN BREEDERS HANDICAP TROT an Information Instigating a Protest was lodged by Chief Stipendiary Steward Mr N Ydgren against the second placing of PRINCESS MACKENDON on the grounds that it gained an advantage by racing over several track markers in the middle stages of the run home.
Rule 869(7B) states: Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.
Ms M Wallis the Co-Trainer of PRINCESS MACKENDON was present at the Hearing representing the Owner. The Protest was contested.
Mr TA Cameron the Driver of PRINCESS MACKENDON was also present at the Hearing and he was assisted by Senior Horseman Mr S Phelan.
Mr Ydgren demonstrated the incident by use of the race films and showed that early in the home straight PRINCESS MACKENDON was 3 back on the inside and Mr Cameron then attempted a run on the inside of the trailing horse SUNSET PEAK and in doing so his inside sulky wheel went on the inside of at least 2 track markers. He said that there was insufficient room for PRINCESS MACKENDON to move up on the inside of SUNSET PEAK and he said that that horse was entitled to the passing lane. He also demonstrated with various angles of the race films that PRINCESS MACKENDON was making progress up the straight even though there wasn't a run available for it. PRINCESS MACKENDON finished second a head and half a length in front of the 3rd and 4th horses respectively.
Ms Wallis and Mr Cameron (using the films) both said that the sulky wheel of PRINCESS MACKENDON did not go inside any track markers but rather just struck them and that it did not gain an advantage.
Submissions for Decision:
Mr Ydgren said that there was not sufficient room for PRINCESS MACKENDON to move up on the inside of SUNSET PEAK and by doing so and with its inside sulky wheel going inside at least 2 marker pegs it gained an advantage and it should be disqualified from the race.
Ms Wallis submitted that PRINCESS MACKENDON'S sulky wheel only went over marker pegs and not inside them.
Reasons for Decision:
The Committee reviewed the evidence of the parties and viewed the films (all angles) several times. It is very clear that the inside sulky wheel of PRINCESS MACKENDON went on the inside of at least 2 marker pegs and in fact the first marker peg was pushed out into the track and this clearly demonstrated that the horse's sulky wheel hit it from the inside. The short answer is that there was insufficient room for Mr Cameron to move PRINCESS MACKENDON up on the inside of SUNSET PEAK and he should have waited for there to be a sufficient gap to move into. As a result of moving when he shouldn't have his horse gained an adavantage and therefore is in breach of Rule 869(7B) and accordingly the Protest should be upheld.
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: 2cda424643740069b247d43328fa82c6
informantnumber: A10701
horsename: PRINCESS MACKENDON
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 03/03/2018
hearing_title: Auckland TC 2 March 2018 - R 5 (instigating a protest) Chair, Mr B J Scott
charge:
facts:
Following the running of the SIMS PACIFIC METALS NORTHERN BREEDERS HANDICAP TROT an Information Instigating a Protest was lodged by Chief Stipendiary Steward Mr N Ydgren against the second placing of PRINCESS MACKENDON on the grounds that it gained an advantage by racing over several track markers in the middle stages of the run home.
Rule 869(7B) states: Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.
Ms M Wallis the Co-Trainer of PRINCESS MACKENDON was present at the Hearing representing the Owner. The Protest was contested.
Mr TA Cameron the Driver of PRINCESS MACKENDON was also present at the Hearing and he was assisted by Senior Horseman Mr S Phelan.
Mr Ydgren demonstrated the incident by use of the race films and showed that early in the home straight PRINCESS MACKENDON was 3 back on the inside and Mr Cameron then attempted a run on the inside of the trailing horse SUNSET PEAK and in doing so his inside sulky wheel went on the inside of at least 2 track markers. He said that there was insufficient room for PRINCESS MACKENDON to move up on the inside of SUNSET PEAK and he said that that horse was entitled to the passing lane. He also demonstrated with various angles of the race films that PRINCESS MACKENDON was making progress up the straight even though there wasn't a run available for it. PRINCESS MACKENDON finished second a head and half a length in front of the 3rd and 4th horses respectively.
Ms Wallis and Mr Cameron (using the films) both said that the sulky wheel of PRINCESS MACKENDON did not go inside any track markers but rather just struck them and that it did not gain an advantage.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that there was not sufficient room for PRINCESS MACKENDON to move up on the inside of SUNSET PEAK and by doing so and with its inside sulky wheel going inside at least 2 marker pegs it gained an advantage and it should be disqualified from the race.
Ms Wallis submitted that PRINCESS MACKENDON'S sulky wheel only went over marker pegs and not inside them.
reasonsfordecision:
The Committee reviewed the evidence of the parties and viewed the films (all angles) several times. It is very clear that the inside sulky wheel of PRINCESS MACKENDON went on the inside of at least 2 marker pegs and in fact the first marker peg was pushed out into the track and this clearly demonstrated that the horse's sulky wheel hit it from the inside. The short answer is that there was insufficient room for Mr Cameron to move PRINCESS MACKENDON up on the inside of SUNSET PEAK and he should have waited for there to be a sufficient gap to move into. As a result of moving when he shouldn't have his horse gained an adavantage and therefore is in breach of Rule 869(7B) and accordingly the Protest should be upheld.
Decision:
The Protest is upheld and PRINCESS MACKENDON is disqualified from the race.
The amended placings are now : first (6) MAJESTIC ALI
second (3) CAITLIN'S SURPRISE
third (1) LOVELY BUNDY
fourth (9) SUNSET PEAK
fifth (2) TERESKOVA
It is ordered that dividends and stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 867(7B)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Ms M Wallis - Co-Trainer of PRINCESS MACKENDON, Mr T A Cameron - Driver of PRINCESS MACKENDON, Mr S Phelan - Senior Horseman assisting Mr Cameron
Respondent: Ms M Wallis - Co-Trainer of PRINCESS MACKENDON
StipendSteward:
raceid: e1798561ecd0b3af5d5ab664eb83448b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 120323607600693e723f26e7380a77e9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/03/2018
meet_title: Auckland TC - 2 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: SChing
meet_pm2: none
name: Auckland TC