Banks Peninsula TC 17 February 2012 – R 7
ID: JCA10786
Meet Title:
Banks Peninsula TC - 17 February 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/02/17
Race Number:
R 7
Decision:
On resuming the hearing Race 8 was about to start and the parties were not present. We advised that full reasons for our decision (as set out above) would be given later and that the protest was upheld. Accordingly “Meads Quaff” was disqualified and the amended places were confirmed as follows:
1st – Arden Tetrick (16)
2nd – Datmymulligan (15)
3rd – Fly The Flag (9)
4th – Eyre County (1)
5th – Macinit (3)
6th – Storm’s Rule (11)
Facts:
Following the running of Race 7, the Walker Davey Ltd Motukarara Cup Handicap Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr S. W. Wallis alleging interference by “Meads Quaff” (4), driven by Mr L. F. O’Reilly, to “Waipawa Junior” (18), driven by Mr T. M. Williams.
The Judge’s placings in this race were as follows:
1st – Arden Tetrick (16)
2nd – Datmymulligan (15)
3rd – Meads Quaff (4)
4th – Fly The Flag (9)
5th – Eyre County (1)
6th – Macinit (3)
The Information reads as follows:
“I the above named informant allege that horse number (4) placed 3rd by the Judge interfered with the chances of horse number (18) which fell”.
Rule 869(8) provides as follows:
“(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.”
The connections of “Meads Quaff” (4) were represented at this hearing by Mr L. F. O’Reilly, the driver of that horse. Mr T. M. Williams, the driver of “Waipawa Junior” (18) represented the interests of that horse.
Submissions for Decision:
Stipendiary Steward Mr McIntyre used video coverage of this incident to show that shortly after entering the home straight “Meads Quaff” was wide on the track, with “Waipawa Junior” outside it, and another horse on the outside of “Waipawa Junior”. At this time Mr O’Reilly moved outwards to obtain a run, and in doing so came into contact with “Waipawa Junior” and pushed it outwards on to the horse outside it. As a result “Waipawa Junior” fell, with Mr Williams being dislodged from the sulky.
Mr O’Reilly agreed that there was interference, but said his horse had come out more quickly than he intended, and that he did not intend to cause interference.
Mr Williams gave evidence that although his chances were interfered with he wasn’t travelling that well and was “flat”. It was also established that “Waipawa Junior” had lost considerable ground at the start. Later Mr Williams confirmed that he had no chance of finishing in a stake or dividend bearing place at the time of this incident.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that Mr O’Reilly moved outwards when there was insufficient room to do so. As a result of the interference to “Waipawa Junior” Mr O’Reilly obtained a run which he was not entitled to, and in doing so had gained an advantage over other runners in the race. This is contrary to Rule 869(8)(a), which provides that the Judicial Committee may (relegate) any horse which may have gained an advantage by any conduct or interference prohibited by any preceding provision of Rule 869.
Taking all the above matters into account we decided that this 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: 024d34e0dcce57f4d366ddebfb28c5f8
informantnumber: A5603
horsename: MEADS QUAFF
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/02/2012
hearing_title: Banks Peninsula TC 17 February 2012 - R 7
charge:
facts:
Following the running of Race 7, the Walker Davey Ltd Motukarara Cup Handicap Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr S. W. Wallis alleging interference by “Meads Quaff” (4), driven by Mr L. F. O’Reilly, to “Waipawa Junior” (18), driven by Mr T. M. Williams.
The Judge’s placings in this race were as follows:
1st – Arden Tetrick (16)
2nd – Datmymulligan (15)
3rd – Meads Quaff (4)
4th – Fly The Flag (9)
5th – Eyre County (1)
6th – Macinit (3)
The Information reads as follows:
“I the above named informant allege that horse number (4) placed 3rd by the Judge interfered with the chances of horse number (18) which fell”.
Rule 869(8) provides as follows:
“(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.”
The connections of “Meads Quaff” (4) were represented at this hearing by Mr L. F. O’Reilly, the driver of that horse. Mr T. M. Williams, the driver of “Waipawa Junior” (18) represented the interests of that horse.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr McIntyre used video coverage of this incident to show that shortly after entering the home straight “Meads Quaff” was wide on the track, with “Waipawa Junior” outside it, and another horse on the outside of “Waipawa Junior”. At this time Mr O’Reilly moved outwards to obtain a run, and in doing so came into contact with “Waipawa Junior” and pushed it outwards on to the horse outside it. As a result “Waipawa Junior” fell, with Mr Williams being dislodged from the sulky.
Mr O’Reilly agreed that there was interference, but said his horse had come out more quickly than he intended, and that he did not intend to cause interference.
Mr Williams gave evidence that although his chances were interfered with he wasn’t travelling that well and was “flat”. It was also established that “Waipawa Junior” had lost considerable ground at the start. Later Mr Williams confirmed that he had no chance of finishing in a stake or dividend bearing place at the time of this incident.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that Mr O’Reilly moved outwards when there was insufficient room to do so. As a result of the interference to “Waipawa Junior” Mr O’Reilly obtained a run which he was not entitled to, and in doing so had gained an advantage over other runners in the race. This is contrary to Rule 869(8)(a), which provides that the Judicial Committee may (relegate) any horse which may have gained an advantage by any conduct or interference prohibited by any preceding provision of Rule 869.
Taking all the above matters into account we decided that this protest should be upheld.
Decision:
On resuming the hearing Race 8 was about to start and the parties were not present. We advised that full reasons for our decision (as set out above) would be given later and that the protest was upheld. Accordingly “Meads Quaff” was disqualified and the amended places were confirmed as follows:
1st – Arden Tetrick (16)
2nd – Datmymulligan (15)
3rd – Fly The Flag (9)
4th – Eyre County (1)
5th – Macinit (3)
6th – Storm’s Rule (11)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr T M Williams - Driver of WAIPAWA JUNIOR
Respondent: Mr L F O'Reilly - Open Horseman
StipendSteward:
raceid: 9de3039fbddbe9a920f5d7451bcaa33b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f06209090a40aff30c8000e3f0a4257e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/02/2012
meet_title: Banks Peninsula TC - 17 February 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula TC