Auckland TC 9 May 2014 – R 8 (instigating a protest)
ID: JCA14704
Meet Title:
Auckland TC - 9 May 2014
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2014/05/09
Race Number:
R8
Decision:
The Committee believes that although SHEEMON was forced to race wider on the track its progress was not sufficiently impeded or interfered with to have cost it a chance of winning the race. The Committee particularly noted that Mr Dunn never stopped driving SHEEMON out to the finish and it is noteworthy that Mr Dunn told the Committee that he never had to severely check off MASTER LAVROS. This is supported by the video evidence. Accordingly the protest is not upheld and placings stand.
We order payment of stakes and dividends in accordance with the Judge's placings which we confirm as follows:
1st No 15 MASTER LAVROS
2nd No 9 SHEEMON
3rd No 7 BOIZEL
4th No 17 COOL COBBER
Facts:
This protest hearing arises from the running of race 8, the 2014 CANAM ROWE CUP FFA TROT. The protest has been instigated by the connections of 2nd placed horse No 9 SHEEMON against the winner No 15 MASTER LAVROS. The basis of the protest is that MASTER LAVROS (M Jones) allegedly impeded the progress of SHEEMON (D Dunn) during the run home.
At the commencement of the hearing Stipendiary Steward Mr J Muirhead read the relevant rules to the parties present. Those rules included R 869(4) and (8) and the Home Straight Regulations.
Rules 869 (4) and (8) provide that:
(4) 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.
(8) 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.
Home Straight Regulations (R7) provide:
Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Mr Muirhead advised the Judicial Committee (the “Committee”) that the official margin between 1st and 2nd was a neck. The provisional placings were:
1st No 15 MASTER LAVROS
2nd No 9 SHEEMON
3rd No 7 BOIZEL
4th No 17 COOL COBBER
Submissions for Decision:
Mr Dunn told the Committee that he was racing on the outside of MASTER LAVROS who drifted out forcing his drive, SHEEMON wider on the track. He said that he did not have to severely check SHEEMON but finished the race off at least 3 cart widths wider on the track. He said that the outward pressure possibly got worse over the concluding 50 metres of the race.
Mr Townley submitted that his main concern was that had Mr Jones made an effort to straighten MASTER LAVROS it would have enabled SHEEMON to get past and in his opinion would have beaten MASTER LAVROS.
Mr Jones submitted that the video evidence was quite clear that no contact was made between MASTER LAVROS and SHEEMON. He said SHEEMON was already racing wide out on the track and Mr Dunn drove his horse to the line unimpeded. He said it was significant that Mr Dunn never stopped driving and during the last 50 metres of the race MASTER LAVROS pulled away slightly from SHEEMON.
Mr KOTZIKAS submitted that at no stage did his horse (MASTER LAVROS) interfere with the chances of SHEEMON.
When asked for the Stewards' opinion of the incident, Mr Muirhead advised the Committee that SHEEMON straightened 5 wide into the home straight and ended up 7 wide due to MASTER LAVROS’ outward movement. He said that despite the outward movement Mr Dunn has driven his horse out fully to the finish and it’s a matter for the Committee to decide whether SHEEMON was actually ever going to catch and run past MASTER LAVROS.
In summing up Mr Dunn submitted that he was pushed wider on the track. In response to a question from the Committee Mr Dunn confirmed his earlier submission that he did not have to severely check SHEEMON as a result of being pushed wider.
In summing up Mr Townley submitted that the rules clearly state that a driver must maintain a straight line and Mr Jones did not keep MASTER LAVROS straight, and pushed SHEEMON out. He added had Mr Jones taken the time to straighten MASTER LAVROS, SHEEMON would have got past.
In summing up Mr Jones submitted there was no contact between the horses and he did not force SHEEMON over extra ground.
Reasons for Decision:
In reaching its decision the Committee carefully considered the submissions of the Informant and Respondent and reviewed the video footage several times. The Committee sought to satisfy two key issues. First, whether MASTER LAVROS interfered with or impeded the chances of SHEEMON and/or second whether MASTER LAVROS gained an advantage over SHEEMON as a result thereof.
It is the view of the Committee that after entering the home straight SHEEMON went wide and finished the race off very strongly and was approximately 8 horse widths wide at the post. MASTER LAVROS entered the home straight in front and raced greenly to the post shifting out several horse widths. The Committee noted there was always a clear gap between MASTER LAVROS and SHEEMON and at no stage did contact occur between either horse.
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: 7280b84abef47ed5940da2727170dd51
informantnumber: A2542
horsename: MASTER LAVROS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 06/05/2014
hearing_title: Auckland TC 9 May 2014 - R 8 (instigating a protest)
charge:
facts:
This protest hearing arises from the running of race 8, the 2014 CANAM ROWE CUP FFA TROT. The protest has been instigated by the connections of 2nd placed horse No 9 SHEEMON against the winner No 15 MASTER LAVROS. The basis of the protest is that MASTER LAVROS (M Jones) allegedly impeded the progress of SHEEMON (D Dunn) during the run home.
At the commencement of the hearing Stipendiary Steward Mr J Muirhead read the relevant rules to the parties present. Those rules included R 869(4) and (8) and the Home Straight Regulations.
Rules 869 (4) and (8) provide that:
(4) 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.
(8) 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.
Home Straight Regulations (R7) provide:
Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Mr Muirhead advised the Judicial Committee (the “Committee”) that the official margin between 1st and 2nd was a neck. The provisional placings were:
1st No 15 MASTER LAVROS
2nd No 9 SHEEMON
3rd No 7 BOIZEL
4th No 17 COOL COBBER
appealdecision:
isappeal:
submissionsfordecision:
Mr Dunn told the Committee that he was racing on the outside of MASTER LAVROS who drifted out forcing his drive, SHEEMON wider on the track. He said that he did not have to severely check SHEEMON but finished the race off at least 3 cart widths wider on the track. He said that the outward pressure possibly got worse over the concluding 50 metres of the race.
Mr Townley submitted that his main concern was that had Mr Jones made an effort to straighten MASTER LAVROS it would have enabled SHEEMON to get past and in his opinion would have beaten MASTER LAVROS.
Mr Jones submitted that the video evidence was quite clear that no contact was made between MASTER LAVROS and SHEEMON. He said SHEEMON was already racing wide out on the track and Mr Dunn drove his horse to the line unimpeded. He said it was significant that Mr Dunn never stopped driving and during the last 50 metres of the race MASTER LAVROS pulled away slightly from SHEEMON.
Mr KOTZIKAS submitted that at no stage did his horse (MASTER LAVROS) interfere with the chances of SHEEMON.
When asked for the Stewards' opinion of the incident, Mr Muirhead advised the Committee that SHEEMON straightened 5 wide into the home straight and ended up 7 wide due to MASTER LAVROS’ outward movement. He said that despite the outward movement Mr Dunn has driven his horse out fully to the finish and it’s a matter for the Committee to decide whether SHEEMON was actually ever going to catch and run past MASTER LAVROS.
In summing up Mr Dunn submitted that he was pushed wider on the track. In response to a question from the Committee Mr Dunn confirmed his earlier submission that he did not have to severely check SHEEMON as a result of being pushed wider.
In summing up Mr Townley submitted that the rules clearly state that a driver must maintain a straight line and Mr Jones did not keep MASTER LAVROS straight, and pushed SHEEMON out. He added had Mr Jones taken the time to straighten MASTER LAVROS, SHEEMON would have got past.
In summing up Mr Jones submitted there was no contact between the horses and he did not force SHEEMON over extra ground.
reasonsfordecision:
In reaching its decision the Committee carefully considered the submissions of the Informant and Respondent and reviewed the video footage several times. The Committee sought to satisfy two key issues. First, whether MASTER LAVROS interfered with or impeded the chances of SHEEMON and/or second whether MASTER LAVROS gained an advantage over SHEEMON as a result thereof.
It is the view of the Committee that after entering the home straight SHEEMON went wide and finished the race off very strongly and was approximately 8 horse widths wide at the post. MASTER LAVROS entered the home straight in front and raced greenly to the post shifting out several horse widths. The Committee noted there was always a clear gap between MASTER LAVROS and SHEEMON and at no stage did contact occur between either horse.
Decision:
The Committee believes that although SHEEMON was forced to race wider on the track its progress was not sufficiently impeded or interfered with to have cost it a chance of winning the race. The Committee particularly noted that Mr Dunn never stopped driving SHEEMON out to the finish and it is noteworthy that Mr Dunn told the Committee that he never had to severely check off MASTER LAVROS. This is supported by the video evidence. Accordingly the protest is not upheld and placings stand.
We order payment of stakes and dividends in accordance with the Judge's placings which we confirm as follows:
1st No 15 MASTER LAVROS
2nd No 9 SHEEMON
3rd No 7 BOIZEL
4th No 17 COOL COBBER
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4) and Home Straight Regulations
Informant: Mr K Townley (Trainer) and Mr D Dunn (Driver) of SHEEMON
JockeysandTrainer:
Otherperson:
PersonPresent: Mr K Townley, Mr D Dunn, Mr M Jones, Mr and Mrs K Kotzikas (connections of MASTER LAVROS), Mr D Ranger (Media), Mr G O'Connor (Trackside)
Respondent: Mr M Jones - Driver and Trainer of MASTER LAVROS
StipendSteward:
raceid: 6c7eeb7c043886d8e562da693ade6503
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3a6aa1706b5102aef1f701bbea716ce5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/05/2014
meet_title: Auckland TC - 9 May 2014
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