Auckland TC 5 April 2013 – R 6 (instigating a protest)
ID: JCA12587
Meet Title:
Auckland TC - 5 April 2013
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2013/04/05
Race Number:
R6
Decision:
The protest is dismissed and the Judge's placings allowed to stand with all dividends to be paid accordingly.
1st No 8 Cillas Boy
2nd No 3 The Bucket List
3rd No 5 Peppers Pot
4th No 9 Tori Maguire
5th No 4 Nimble Jack
Facts:
This is a contested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 6. The basis of the protest is that horse number 9, Tori Maguire, driven by Junior Horseman Mr J Dickie gained an advantage by shifting inside the marker line (two pylons) prior to entering the passing lane.
Tori Maguire was provisionally placed 4th. Judge's placings were:
1st No 8 Cillas Boy
2nd No 3 The Bucket List
3rd No 5 Peppers Pot
4th No 9 Tori Maguire
5th No 4 Nimble Jack
Rule 869 (B) provides that where any horse or sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race except where:
(b) it is established the horse did not gain any advantage from the breach in its finishing place or position.
Submissions for Decision:
At the commencement of the hearing Mr Muirhead read aloud the relevant rules and these were acknowledged by the Respondent as being understood. Mr Muirhead demonstrated the incident by way of available video footage. He said Tori Maguire (Mr J Dickie) was racing three deep in the running line behind Ida Tiger (Mr T Mitchell) who was in the trail and Pepper Potts (Mr S Phelan) was racing outside of Tori Maguire.
Mr Muirhead said that prior to the passing lane Tori Maguire shifted outwards momentarily and then shifted back down onto the running line. As a result Tori Maguire brushed one pylon and its sulky wheel shifted inside two pylons. Mr Muirhead submitted that had Mr Dickie held his horse up for a run he would not have moved inside the two pylons and may not have beaten the 5th and 6th placed horses. Mr Muirhead said that the margin between the 4th and 6th placed horses was close, .2L between 4th and 5th and .3L between 4th and 6th.
Mr Dickie submitted that for a brief instant he considered moving off the fence and shifted out and then immediately back inwards. He said that Tori Maguire over reacted and touched two pylons. He submitted that he did not gain any advantage as a result.
Mr Hoggard submitted that Tori Maguire did shift inside two pylons but did not gain any advantage. In fact he felt that Tori Maguire was briefly held up for a run.
In summing up Mr Muirhead submitted that the issue for the Committee to decide is whether or not Tori Maguire gained any advantage and but for shifting inside the pylons would any of the horses who finished behind have beaten Tori Maguire.
In summing up Mr Dickie emphasised that in his view Tori Maguire gained no advantage.
Reasons for Decision:
The Committee carefully considered all of the evidence including submissions from the various parties as well as the video footage of the incident. Our independent assessment is that Tori Maguire did shift into the market line and marginally ran inside two pylons. We accept that this probably occurred because when Tori Maguire momentarily shifted outwards and then back inwards, it did over react slightly. We took particular note of how the 5th and 6th placed horses, Nimble Jack and Hudy Haxwell were finishing off the race and made an assessment as to whether or not they were disadvantaged by Tori Maguire’s actions. In this regard we were conscious that the margin between 4th and 6th placing was relatively close.
Having weighed all the evidence and submissions it is the Committee's view that Tori Maguire did not gain an advantage.
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: 3b81d51fa82b89a286a09e78a0fa860a
informantnumber: A4639
horsename: TORI MAGUIRE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/04/2013
hearing_title: Auckland TC 5 April 2013 - R 6 (instigating a protest)
charge:
facts:
This is a contested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 6. The basis of the protest is that horse number 9, Tori Maguire, driven by Junior Horseman Mr J Dickie gained an advantage by shifting inside the marker line (two pylons) prior to entering the passing lane.
Tori Maguire was provisionally placed 4th. Judge's placings were:
1st No 8 Cillas Boy
2nd No 3 The Bucket List
3rd No 5 Peppers Pot
4th No 9 Tori Maguire
5th No 4 Nimble Jack
Rule 869 (B) provides that where any horse or sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race except where:
(b) it is established the horse did not gain any advantage from the breach in its finishing place or position.
appealdecision:
isappeal:
submissionsfordecision:
At the commencement of the hearing Mr Muirhead read aloud the relevant rules and these were acknowledged by the Respondent as being understood. Mr Muirhead demonstrated the incident by way of available video footage. He said Tori Maguire (Mr J Dickie) was racing three deep in the running line behind Ida Tiger (Mr T Mitchell) who was in the trail and Pepper Potts (Mr S Phelan) was racing outside of Tori Maguire.
Mr Muirhead said that prior to the passing lane Tori Maguire shifted outwards momentarily and then shifted back down onto the running line. As a result Tori Maguire brushed one pylon and its sulky wheel shifted inside two pylons. Mr Muirhead submitted that had Mr Dickie held his horse up for a run he would not have moved inside the two pylons and may not have beaten the 5th and 6th placed horses. Mr Muirhead said that the margin between the 4th and 6th placed horses was close, .2L between 4th and 5th and .3L between 4th and 6th.
Mr Dickie submitted that for a brief instant he considered moving off the fence and shifted out and then immediately back inwards. He said that Tori Maguire over reacted and touched two pylons. He submitted that he did not gain any advantage as a result.
Mr Hoggard submitted that Tori Maguire did shift inside two pylons but did not gain any advantage. In fact he felt that Tori Maguire was briefly held up for a run.
In summing up Mr Muirhead submitted that the issue for the Committee to decide is whether or not Tori Maguire gained any advantage and but for shifting inside the pylons would any of the horses who finished behind have beaten Tori Maguire.
In summing up Mr Dickie emphasised that in his view Tori Maguire gained no advantage.
reasonsfordecision:
The Committee carefully considered all of the evidence including submissions from the various parties as well as the video footage of the incident. Our independent assessment is that Tori Maguire did shift into the market line and marginally ran inside two pylons. We accept that this probably occurred because when Tori Maguire momentarily shifted outwards and then back inwards, it did over react slightly. We took particular note of how the 5th and 6th placed horses, Nimble Jack and Hudy Haxwell were finishing off the race and made an assessment as to whether or not they were disadvantaged by Tori Maguire’s actions. In this regard we were conscious that the margin between 4th and 6th placing was relatively close.
Having weighed all the evidence and submissions it is the Committee's view that Tori Maguire did not gain an advantage.
Decision:
The protest is dismissed and the Judge's placings allowed to stand with all dividends to be paid accordingly.
1st No 8 Cillas Boy
2nd No 3 The Bucket List
3rd No 5 Peppers Pot
4th No 9 Tori Maguire
5th No 4 Nimble Jack
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7A) and 869(8)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr K Hoggard - Owner of TORI MAGUIRE
Respondent: Mr J Dickie - Junior Horseman and Driver of TORI MAGUIRE
StipendSteward:
raceid: 2135413d98c57f740b53fa96e8115974
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d6765c7136cc80232f6783fc21f47c36
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/04/2013
meet_title: Auckland TC - 5 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC