Banks Peninsula TC 15 February 2013 – R 7 (instigating a protest)
ID: JCA16925
Meet Title:
Banks Peninsula TC - 15 February 2013
Meet Chair:
KHales
Meet Committee Member 1:
SChing
Race Date:
2013/02/15
Race Number:
R7
Decision:
The protest is dismissed. Dividends and stakes are to paid in accordance with the Judge's placings.
Facts:
As the field turned the bend out of the straight near the 1600 metre mark, "Shifty Shivas" (G Smith), which had been running in the "parked" position, elected to make a forward move in order to take the lead from "Givenchy Franco" (CD Thornley). In so doing, "Shifty Shivas" appeared to to come across in a manner which suggested that it was not sufficiently clear of "Givenchy Franco", which paced roughly for a stride and was "hanging out". As a consequence, "Stylish Babe", which was running immediately behind "Givenchy Franco" , broke from its gait and lost considerable ground, eventually finishing 13th in a field of 14.
Mr Smith acknowledged that he did shift inwards and that his horse's head may have been "hanging in", but did not think that he was entirely responsible for the actions of "Givenchy Franco".
Mr Thornley told the hearing that if his horse had run straight, then the incident may not have occurred. In answer to a question from the Judicial Committee, Mr Smith acknowledged that in his view, he was 90% responsible for causing "Stylish Babe" to break from its gait.
The Stipendiary Stewards did not call Mr S McNally, the driver of "Stylish Babe" to give evidence.
Submissions for Decision:
Mr Renault submitted that the question for us to determine was whether or not Mr Smith or his horse caused interference to "Givenchy Franco", and if so, whether or not that interference was enough to affect the chances of "Stylish Babe".
Reasons for Decision:
The issue for the Judicial Committee to determine in terms of Rule 869 (8)(b), is whether there was interference caused by "Shifty Shivas" which had the consequential effect of affecting the chances or progress of "Stylish Babe" and thereby warranting a change in the placings.
Having viewed the video coverage of the event and having considered the oral evidence, we have formed the view that whilst "Shifty Shivas" may have interfered with the progress of "Givenchy Franco" , by moving across its path when not sufficiently clear, that the consequential effect on "Stylish Babe" was not due to the actions of Mr Smith or his horse.
Mr Thornley was of the view that he was about 90% responsible for the interference to "Stylish Babe". In the light of that evidence we cannot attribute fault to Mr Smith or to "Shifty Shivas" to such a degree as to warrant a change in the Judge's placings.
JCA Decision Fields (raw)
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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: b3a58300ff810dae43edc3a3899f297e
informantnumber: A1821
horsename: Shifty Shivas
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/01/2013
hearing_title: Banks Peninsula TC 15 February 2013 - R 7 (instigating a protest)
charge:
facts:
As the field turned the bend out of the straight near the 1600 metre mark, "Shifty Shivas" (G Smith), which had been running in the "parked" position, elected to make a forward move in order to take the lead from "Givenchy Franco" (CD Thornley). In so doing, "Shifty Shivas" appeared to to come across in a manner which suggested that it was not sufficiently clear of "Givenchy Franco", which paced roughly for a stride and was "hanging out". As a consequence, "Stylish Babe", which was running immediately behind "Givenchy Franco" , broke from its gait and lost considerable ground, eventually finishing 13th in a field of 14.
Mr Smith acknowledged that he did shift inwards and that his horse's head may have been "hanging in", but did not think that he was entirely responsible for the actions of "Givenchy Franco".
Mr Thornley told the hearing that if his horse had run straight, then the incident may not have occurred. In answer to a question from the Judicial Committee, Mr Smith acknowledged that in his view, he was 90% responsible for causing "Stylish Babe" to break from its gait.
The Stipendiary Stewards did not call Mr S McNally, the driver of "Stylish Babe" to give evidence.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault submitted that the question for us to determine was whether or not Mr Smith or his horse caused interference to "Givenchy Franco", and if so, whether or not that interference was enough to affect the chances of "Stylish Babe".
reasonsfordecision:
The issue for the Judicial Committee to determine in terms of Rule 869 (8)(b), is whether there was interference caused by "Shifty Shivas" which had the consequential effect of affecting the chances or progress of "Stylish Babe" and thereby warranting a change in the placings.
Having viewed the video coverage of the event and having considered the oral evidence, we have formed the view that whilst "Shifty Shivas" may have interfered with the progress of "Givenchy Franco" , by moving across its path when not sufficiently clear, that the consequential effect on "Stylish Babe" was not due to the actions of Mr Smith or his horse.
Mr Thornley was of the view that he was about 90% responsible for the interference to "Stylish Babe". In the light of that evidence we cannot attribute fault to Mr Smith or to "Shifty Shivas" to such a degree as to warrant a change in the Judge's placings.
Decision:
The protest is dismissed. Dividends and stakes are to paid in accordance with the Judge's placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(8), The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:, (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 other horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
Informant: S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: CD Thornley - Open Horseman, Mr N McIntyre - Co-Chief Stipendiary Steward
Respondent: G Smith - Open Horseman
StipendSteward:
raceid: ebaf167bcb03538ca31def91d4b971f6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 18cd4b998719323997648f97cc3290fe
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/02/2013
meet_title: Banks Peninsula TC - 15 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC