Banks Peninsula TC 30 September 2012 – R 4 (instigating a protest)
ID: JCA11778
Meet Title:
Banks Peninsula TC - 30 September 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/09/30
Race Number:
R4
Decision:
On resuming the hearing we advised the parties that full reasons would be given in our written decision (see above). We advised that we found that “Little Joe” moved inwards significantly over the concluding stages and made contact with “Roxy Bromac” which was clearly still in contention, and therefore in terms of the Rule [869(8)] the chances of “Roxy Bromac” were affected. The protest was therefore upheld and “Little Joe” relegated to 10th place behind “Roxy Bromac”. We also advised that dividends were to be paid in accordance with the amended placings, which were as follows:
1st – Don’t Tell Jim (3)
2nd – Stylish Babe (1)
3rd – Cullen’s Finest (8)
4th – Royal Courage (12)
5th – Xmas In New York (4)
6th – Rolias (13)
Facts:
Following the running of Race 4, the Bush Inn & Bishopdale TAB’s Amateur Drivers’ Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren against the 1st placing of “Little Joe” (10) for allegedly causing interference to “Roxy Bromac” (2) which finished 10th in the race.
The Judge’s placings in this race were as follows:
1st – Little Joe (10)
2nd – Don’t Tell Jim (3)
3rd – Stylish Babe (1)
4th – Cullen’s Finest (8)
5th – Royal Courage (12)
6th – Xmas In New York (4)
The Information reads as follows:
“I the above named informant allege that the above Respondent committed a breach of Rule 869(8) in that Little Joe shifted ground in the run home when not sufficiently clear of Roxy Bromac (T. Sissons) causing this horse to break.”
Rule 869(8) provides as follows:
“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 “Little Joe” were represented at this hearing by driver Mr T. J. Ward, and Mr Sissons, the driver of “Roxy Bromac”, represented the interests of that horse. The trainer of both above named horses, Mr P. J. Young, also attended this hearing.
Submissions for Decision:
Stipendiary Steward Mr N. M. Ydgren gave evidence that in the run home “Little Joe” moved inwards taking the line of “Roxy Bromac”, with the result that there was contact between the sulky wheel of “Little Joe” and the leg of “Roxy Bromac”, causing the last named horse to break. Mr Ydgren said that Mr Sissons was well established in his position when the interference occurred.
Chief Stipendiary Steward Mr N. G. McIntyre used video coverage to illustrate this incident.
Mr Sissons gave evidence that there was contact as described above, and that he had a horse on his inside which meant he had nowhere to go.
Mr Ward gave evidence that he had a straight run to the finishing line, and that he thought that he was keeping a straight line.
We adjourned to consider our decision.
Reasons for Decision:
After seeing the video coverage and hearing the evidence we were satisfied that Mr Ward did have a straight run to the finishing line, but that he allowed his horse to run in a significant distance over the concluding stages of the race. We were also satisfied that Mr Sissons had taken a gap that became available to him, and that he was well established in that gap when Mr Ward allowed his horse to move inwards. There was contact between the two horses involved which caused “Roxy Bromac” to break, and this resulted in “Little Joe” gaining an advantage over “Roxy Bromac”. For these reasons we decided that the 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: 2af43c4ca3a12ed1f6eabd6a2a80600b
informantnumber: A5554
horsename: Little Joe
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 05/09/2012
hearing_title: Banks Peninsula TC 30 September 2012 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, the Bush Inn & Bishopdale TAB’s Amateur Drivers’ Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren against the 1st placing of “Little Joe” (10) for allegedly causing interference to “Roxy Bromac” (2) which finished 10th in the race.
The Judge’s placings in this race were as follows:
1st – Little Joe (10)
2nd – Don’t Tell Jim (3)
3rd – Stylish Babe (1)
4th – Cullen’s Finest (8)
5th – Royal Courage (12)
6th – Xmas In New York (4)
The Information reads as follows:
“I the above named informant allege that the above Respondent committed a breach of Rule 869(8) in that Little Joe shifted ground in the run home when not sufficiently clear of Roxy Bromac (T. Sissons) causing this horse to break.”
Rule 869(8) provides as follows:
“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 “Little Joe” were represented at this hearing by driver Mr T. J. Ward, and Mr Sissons, the driver of “Roxy Bromac”, represented the interests of that horse. The trainer of both above named horses, Mr P. J. Young, also attended this hearing.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr N. M. Ydgren gave evidence that in the run home “Little Joe” moved inwards taking the line of “Roxy Bromac”, with the result that there was contact between the sulky wheel of “Little Joe” and the leg of “Roxy Bromac”, causing the last named horse to break. Mr Ydgren said that Mr Sissons was well established in his position when the interference occurred.
Chief Stipendiary Steward Mr N. G. McIntyre used video coverage to illustrate this incident.
Mr Sissons gave evidence that there was contact as described above, and that he had a horse on his inside which meant he had nowhere to go.
Mr Ward gave evidence that he had a straight run to the finishing line, and that he thought that he was keeping a straight line.
We adjourned to consider our decision.
reasonsfordecision:
After seeing the video coverage and hearing the evidence we were satisfied that Mr Ward did have a straight run to the finishing line, but that he allowed his horse to run in a significant distance over the concluding stages of the race. We were also satisfied that Mr Sissons had taken a gap that became available to him, and that he was well established in that gap when Mr Ward allowed his horse to move inwards. There was contact between the two horses involved which caused “Roxy Bromac” to break, and this resulted in “Little Joe” gaining an advantage over “Roxy Bromac”. For these reasons we decided that the protest should be upheld.
Decision:
On resuming the hearing we advised the parties that full reasons would be given in our written decision (see above). We advised that we found that “Little Joe” moved inwards significantly over the concluding stages and made contact with “Roxy Bromac” which was clearly still in contention, and therefore in terms of the Rule [869(8)] the chances of “Roxy Bromac” were affected. The protest was therefore upheld and “Little Joe” relegated to 10th place behind “Roxy Bromac”. We also advised that dividends were to be paid in accordance with the amended placings, which were as follows:
1st – Don’t Tell Jim (3)
2nd – Stylish Babe (1)
3rd – Cullen’s Finest (8)
4th – Royal Courage (12)
5th – Xmas In New York (4)
6th – Rolias (13)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(8)
Informant: Stipendiary Steward Mr N. M. Ydgren
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R. J. Sissons - Advanced Amateur Driver, Mr P. D. Young - Trainer of "Little Joe" and "Roxy Bromac"
Respondent: Mr T. J. Ward - Advanced Amateur Driver
StipendSteward:
raceid: 73195b98d544de8031281a462f9be4ec
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: b75436784060ce2f62c9d4640e335cca
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/09/2012
meet_title: Banks Peninsula TC - 30 September 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC