Auckland TC 28 November 2014 – R 4 (instigating a protest)
ID: JCA14918
Meet Title:
Auckland TC - 28 November 2014
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2014/11/28
Race Number:
R4
Decision:
The Protest is upheld and KAWARAU SPUR is disqualified from the Race.
The amended placings are now : first (3) JASINSKY
second (13) MOMENT OF TRUTH
third (7) REGAL PETITE
fourth (11) REVENUE MAKER
fifth (8) I GOT RHYTHM
It is ordered that dividends and stakes are paid in accordance with the amended placings.
Facts:
Following the running of the FLASHING FOLDING AND CAPPING LTD HANDICAP TROT an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 5th placing of KAWARAU SPUR on the grounds that it raced inside the marker line in excess of 30 metres on the final bend and entering the straight thereby gaining an advantage.
Rule 869(7B) provides : where any horse or its sulky moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race except where :
(a) it is established that the breach was caused by interference by another horse or horseman ; or
(b) it is established the horse did not gain any advantage from the breach in its finishing place or position.
Mr Brosnan was present and he advised the Committee that the Protest was contested.
The Rule was read out and Mr Brosnan acknowledged that he understood it.
Mr Muirhead demonstrated the incident by use of the Race films and showed that prior to the home turn KAWARAU SPUR was racing 3 back on the inside and prior to the turn Mr Brosnan attempted to improve his position on the inside of SAFFRON CASTLETON. In doing so the sulky wheel of his horse went inside approximately 5 pylons as it improved its position.
In answer to a question from the Committee Mr Muirhead said that the pylons on the home turn are 10 metres apart except for the last 2 before the passing lane which are 7 metres apart.
Mr Muirhead said that the sulky wheel was inside the pylons for at least 40 metres.
Mr Brosnan was then asked for his evidence and he said that he thought he only went over 1 pylon but now having seen the films he realised that he went over more. He advised the Committee that he no longer contested the Protest.
Submissions for Decision:
Mr Muirhead submitted that by its actions KAWARAU SPUR had gained an advantage particularly over I GOT RHYTHM which finished close up behind it. He submitted that in terms of the Rule KAWARAU SPUR should be disqualified.
Reasons for Decision:
The Protest is not contested.
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: 8bf98c9f97386ed4efc354614587b32a
informantnumber: A4217
horsename: KAWARAU SPUR
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 25/11/2014
hearing_title: Auckland TC 28 November 2014 - R 4 (instigating a protest)
charge:
facts:
Following the running of the FLASHING FOLDING AND CAPPING LTD HANDICAP TROT an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 5th placing of KAWARAU SPUR on the grounds that it raced inside the marker line in excess of 30 metres on the final bend and entering the straight thereby gaining an advantage.
Rule 869(7B) provides : where any horse or its sulky moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race except where :
(a) it is established that the breach was caused by interference by another horse or horseman ; or
(b) it is established the horse did not gain any advantage from the breach in its finishing place or position.
Mr Brosnan was present and he advised the Committee that the Protest was contested.
The Rule was read out and Mr Brosnan acknowledged that he understood it.
Mr Muirhead demonstrated the incident by use of the Race films and showed that prior to the home turn KAWARAU SPUR was racing 3 back on the inside and prior to the turn Mr Brosnan attempted to improve his position on the inside of SAFFRON CASTLETON. In doing so the sulky wheel of his horse went inside approximately 5 pylons as it improved its position.
In answer to a question from the Committee Mr Muirhead said that the pylons on the home turn are 10 metres apart except for the last 2 before the passing lane which are 7 metres apart.
Mr Muirhead said that the sulky wheel was inside the pylons for at least 40 metres.
Mr Brosnan was then asked for his evidence and he said that he thought he only went over 1 pylon but now having seen the films he realised that he went over more. He advised the Committee that he no longer contested the Protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead submitted that by its actions KAWARAU SPUR had gained an advantage particularly over I GOT RHYTHM which finished close up behind it. He submitted that in terms of the Rule KAWARAU SPUR should be disqualified.
reasonsfordecision:
The Protest is not contested.
Decision:
The Protest is upheld and KAWARAU SPUR is disqualified from the Race.
The amended placings are now : first (3) JASINSKY
second (13) MOMENT OF TRUTH
third (7) REGAL PETITE
fourth (11) REVENUE MAKER
fifth (8) I GOT RHYTHM
It is ordered that dividends and stakes are paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(7B)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr Brosnan - Driver of KAWARAU SPUR
StipendSteward:
raceid: c8f405c47b69a0db7849356947c0847a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b70225898aefb72b1b2233043dd06ed6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/11/2014
meet_title: Auckland TC - 28 November 2014
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