Banks Peninsula TC 6 April 2011 – R8 (instigating a protest)
ID: JCA13446
Meet Title:
Banks Peninsula TC - 6 April 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PRosanowski
Race Date:
2011/04/06
Race Number:
R8
Decision:
The protest was dismissed and the judge’s placings stand. It was ordered that dividends and stakes be paid accordingly.
Facts:
Following the running of Race 8, Ellesmere Refrigeration Fillies & Mares Handicap Pace, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, on behalf of FLUCTUATE (B N Orange), placed 9th by the judge, against EAGLEHURST (S J Ottley), placed 2nd by the judge, on the ground that “near the 350 metres EAGLEHURST shifted in and checked FLUCTUATE”.
Rule 869 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.
Submissions for Decision:
Mrs Williams had Stipendiary Steward, Mr S Wallis, show a video replay of the final 300 metres of the race. He pointed out Miss Ottley, driving EAGLEHURST, the widest runner at that point, with Mr Orange, driving FLUCTUATE, on her inner. Miss Ottley then activated the pull down blinds on her horse which then ran in sharply and made contact with FLUCTUATE, severely checking that runner and causing it to break and lose its chance.
Mrs Williams said that the issue for the Committee to determine was whether the progress or chance of Mr Orange’s horse had been affected as a result of the interference.
Mr Orange said that it was clear from the video that Miss Ottley’s horse had come in and touched his horse’s back leg, causing it to gallop. When asked by Mrs Williams whether his chances were affected, he said that was “just going to keep battling away”. He said that he was not going to finish in the placings and would have finished, maybe, 6th but not better. He said that he not driven the horse previously but it felt like a bit of a “plodder”. It had lost 3 lengths when it came off the back of HIGHVIEW CHASUE, Mr Orange said.
Mrs Williams informed the Committee that there were four dividend and stakes-bearing placings in the race.
The Committee put it to Mr Orange that the first five placegetters were well clear of the 6th placed horse. The video was shown again and Mr Orange agreed that he would not have beaten any of the first five placegetters.
Mr Hope submitted that it was clear that Mr Orange was never going to run in the first five or six placings. Miss Ottley did not wish to add anything.
Reasons for Decision:
The Committee was satisfied that, approximately 350 metres from the finish, EAGLEHURST had ducked inwards and made contact with FLUCTUATE on its inner, causing that runner to break and lose its chance. It was clear that interference had taken place and this was accepted by all parties. However, based on the evidence of Mr Orange which was, in the Committee’s view, supported by the video evidence, the Committee was not satisfied that the progress or chance of FLUCTUATE was affected to the extent that it was deprived of an opportunity to finish in the first four placings in the race. The Committee accepted the evidence of Mr Orange in reaching this finding and, also, relied on its own observations from viewing the video replay.
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: 38a45b03953efd908e5d73658418b6f8
informantnumber: 14004
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2011
hearing_title: Banks Peninsula TC 6 April 2011 - R8 (instigating a protest)
charge:
facts:
Following the running of Race 8, Ellesmere Refrigeration Fillies & Mares Handicap Pace, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, on behalf of FLUCTUATE (B N Orange), placed 9th by the judge, against EAGLEHURST (S J Ottley), placed 2nd by the judge, on the ground that “near the 350 metres EAGLEHURST shifted in and checked FLUCTUATE”.
Rule 869 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.
appealdecision:
isappeal:
submissionsfordecision:
Mrs Williams had Stipendiary Steward, Mr S Wallis, show a video replay of the final 300 metres of the race. He pointed out Miss Ottley, driving EAGLEHURST, the widest runner at that point, with Mr Orange, driving FLUCTUATE, on her inner. Miss Ottley then activated the pull down blinds on her horse which then ran in sharply and made contact with FLUCTUATE, severely checking that runner and causing it to break and lose its chance.
Mrs Williams said that the issue for the Committee to determine was whether the progress or chance of Mr Orange’s horse had been affected as a result of the interference.
Mr Orange said that it was clear from the video that Miss Ottley’s horse had come in and touched his horse’s back leg, causing it to gallop. When asked by Mrs Williams whether his chances were affected, he said that was “just going to keep battling away”. He said that he was not going to finish in the placings and would have finished, maybe, 6th but not better. He said that he not driven the horse previously but it felt like a bit of a “plodder”. It had lost 3 lengths when it came off the back of HIGHVIEW CHASUE, Mr Orange said.
Mrs Williams informed the Committee that there were four dividend and stakes-bearing placings in the race.
The Committee put it to Mr Orange that the first five placegetters were well clear of the 6th placed horse. The video was shown again and Mr Orange agreed that he would not have beaten any of the first five placegetters.
Mr Hope submitted that it was clear that Mr Orange was never going to run in the first five or six placings. Miss Ottley did not wish to add anything.
reasonsfordecision:
The Committee was satisfied that, approximately 350 metres from the finish, EAGLEHURST had ducked inwards and made contact with FLUCTUATE on its inner, causing that runner to break and lose its chance. It was clear that interference had taken place and this was accepted by all parties. However, based on the evidence of Mr Orange which was, in the Committee’s view, supported by the video evidence, the Committee was not satisfied that the progress or chance of FLUCTUATE was affected to the extent that it was deprived of an opportunity to finish in the first four placings in the race. The Committee accepted the evidence of Mr Orange in reaching this finding and, also, relied on its own observations from viewing the video replay.
Decision:
The protest was dismissed and the judge’s placings stand. It was ordered that dividends and stakes be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8) (a) & (b)
Informant: K R Williams, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr B N Orange, Licensed Open Horseman, Miss S J Ottley, Licensed Junior Driver, Mr G P Hope, trainer of EAGLEHURST
Respondent:
StipendSteward:
raceid: a37117df36988f13975e19142db75c90
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: 4379cd57970b2117745c81ebb362465a
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/04/2011
meet_title: Banks Peninsula TC - 6 April 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RMcKenzie", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PRosanowski
meet_pm2: none
name: Banks Peninsula TC