Bay of Plenty HRC 26 January 2014 – R 5 (instigating a protest)
ID: JCA17181
Meet Title:
Bay of Plenty HRC - 26 January 2014
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2014/01/26
Race Number:
R5
Decision:
The Protest is upheld and P TOMADO is relegated from second place to behind LING HU which was placed 9th.
The amended placings are as follows : First (9) IDEAL SUCCESS
Second (4) STRAWBERRY HEART
Third (7) ACES FELLA
Fourth (15) TWIN TOWERS
Fifth (6) GONE N BORT IT
It is ordered that Dividends and Stakes be paid in accordance with the amended placings.
Facts:
Following the running of the HEATING SYSTEMS MOBILE PACE an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the second placing of P TOMADO on the grounds that it forced LING HU to race wider on the track with approximately 1100 metres to run and this was in breach of the " Push Out " Rule.
Ms Chilcott was present and she advised the Committee that the Protest was contested.
Rules 869(b) and (c) are the Pushout Rules and Ms Chilcott acknowledged that she understood them.
Mr Muirhead demonstrated the incident by use of the Race films and they showed that prior to the 1100 metres mark P TOMADO was racing 4 deep on the running line. Mr Hollis driving LING HU was improving on the outside of P TOMADO and Ms Chilcott moved out and forced LING HU 3 wide. This was prior to the 1000 metres mark which is clearly signposted.
Mr Muirhead said the key element was that the incident occurred before the 1000 metres mark.
Mr Hollis said that prior to the 1000 metres mark he was following ACES FELLA (Driver S Dickson) and that Ms Chilcott pushed him out 3 wide. He said he thought it was after the 1000 metres mark.
Ms Chilcott said that she thought she was inside the 1000 metres mark but after watching the films clearly she was not. She also thought that Mr Hollis was already outside her.
Submissions for Decision:
Mr Muirhead said that the films clearly showed that Ms Chilcott moved out prior to the 1000 metres mark and in doing so she pushed LING HU out 3 wide. This is a breach of the "Pushout Rule " and in doing so she has gained an advantage by her actions.
Ms Chilcott acknowledged that the incident was outside the 1000 metres mark.
Reasons for Decision:
The Committee has listened to the evidence and viewed the Race films several times. The films clearly show the incident as described by Mr Muirhead in his evidence and this has essentially been acknowledged by Ms Chilcott. In pushing LING HU 3 wide P TOMADO has been able to obtain an advantage by gaining a better position.
This is a clear breach of the "Pushout Rules".
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: d6f4907c6191633c128a4f237956d0c9
informantnumber: A2518
horsename: P TOMADO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/01/2014
hearing_title: Bay of Plenty HRC 26 January 2014 - R 5 (instigating a protest)
charge:
facts:
Following the running of the HEATING SYSTEMS MOBILE PACE an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the second placing of P TOMADO on the grounds that it forced LING HU to race wider on the track with approximately 1100 metres to run and this was in breach of the " Push Out " Rule.
Ms Chilcott was present and she advised the Committee that the Protest was contested.
Rules 869(b) and (c) are the Pushout Rules and Ms Chilcott acknowledged that she understood them.
Mr Muirhead demonstrated the incident by use of the Race films and they showed that prior to the 1100 metres mark P TOMADO was racing 4 deep on the running line. Mr Hollis driving LING HU was improving on the outside of P TOMADO and Ms Chilcott moved out and forced LING HU 3 wide. This was prior to the 1000 metres mark which is clearly signposted.
Mr Muirhead said the key element was that the incident occurred before the 1000 metres mark.
Mr Hollis said that prior to the 1000 metres mark he was following ACES FELLA (Driver S Dickson) and that Ms Chilcott pushed him out 3 wide. He said he thought it was after the 1000 metres mark.
Ms Chilcott said that she thought she was inside the 1000 metres mark but after watching the films clearly she was not. She also thought that Mr Hollis was already outside her.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said that the films clearly showed that Ms Chilcott moved out prior to the 1000 metres mark and in doing so she pushed LING HU out 3 wide. This is a breach of the "Pushout Rule " and in doing so she has gained an advantage by her actions.
Ms Chilcott acknowledged that the incident was outside the 1000 metres mark.
reasonsfordecision:
The Committee has listened to the evidence and viewed the Race films several times. The films clearly show the incident as described by Mr Muirhead in his evidence and this has essentially been acknowledged by Ms Chilcott. In pushing LING HU 3 wide P TOMADO has been able to obtain an advantage by gaining a better position.
This is a clear breach of the "Pushout Rules".
Decision:
The Protest is upheld and P TOMADO is relegated from second place to behind LING HU which was placed 9th.
The amended placings are as follows : First (9) IDEAL SUCCESS
Second (4) STRAWBERRY HEART
Third (7) ACES FELLA
Fourth (15) TWIN TOWERS
Fifth (6) GONE N BORT IT
It is ordered that Dividends and Stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rules 869(4) ,869(6)(b) and (c)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Ms N Chilcott - Trainer and Driver of P TOMADO
Respondent: Ms N Chilcott - Trainer and Driver of P TOMADO
StipendSteward:
raceid: 4e0478eae756f2877fe0f8b7ae94ec9c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f1510d6442079ffc4f54b0a86d53fa88
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/01/2014
meet_title: Bay of Plenty HRC - 26 January 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: bay-of-plenty-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Bay of Plenty HRC