Bay of Plenty HRC 26 January 2014 – R 5 (instigating a protest)
ID: JCA10698
Meet Title:
Bay of Plenty HRC - 26 January 2014
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2014/01/26
Race Number:
R 5
Decision:
The Protest is upheld and ACES FELLA is relegated to behind LING HU.
The amended placings are now : first (9) IDEAL SUCCESS
second (4) STRAWBERRY HEART
third (15) TWIN TOWERS
fourth (6) GONE N BORT IT
fifth (10) WYATT EARP.
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 3rd placing of ACES FELLA driven by Mr S Dickson on the grounds of causing interference to LING HU (Driver L Hollis) with 150 metres to run.
Mr Dickson the Trainer/Driver of ACES FELLA was present and he advised the Committee that the Protest was contested.
Mr L Hollis the Driver of LING HU was also present.
Mr Muirhead demonstrated the incident by use of the Race Films and showed that with approximately 150 metres to run ACES FELLA which was racing on the inside of LING HU came out and contacted the front leg of that horse causing it to be checked. He said that ACES FELLA had clearly caused interference to LING HU and that Mr Dickson had moved out too soon. He also showed where Mr McKendry driving STRAWBERRY HEART had been on the outside of LING HU and had moved in slightly to obtain a run but he said that Mr McKendry had sufficient room and did not cause any inconvenience to LING HU.
Mr Hollis said that ACES FELLA had come out on him and he was not sure if there was contact. He also said that Mr McKendry had moved in. He said that his horse was battling at the time and that it may have overreacted.
Mr Dickson said that there was movement from the outside and that Mr Hollis' horse had ducked in as a result of that movement. He said that he did not make contact with Mr Hollis' horse and had not caused it to gallop. He said it may have overreacted to the movement from both sides.
Mr Muirhead said in summary that Mr McKendry had a clear run and as far as the Stewards were concerned he did not contribute to the incident at all.
Submissions for Decision:
Mr Muirhead submitted that ACES FELLA had not only caused the interference but had gained an advantage by its actions in that it had obtained a run sooner than it should have and had obtained a better finishing position as a result.
Mr Dickson said again that in his opinion he had not caused LING HU to gallop.
Reasons for Decision:
The Committee has viewed the films several times and has assessed the evidence presented to it. As far as the Committee is concerned the evidence is very clear. Mr Dickson driving ACES FELLA has moved out when there was insufficient room and has caused interference to LING HU and caused that horse to break. ACES FELLA has gained an advantage from the incident and has finished in a better position than it may have if Mr Dickson had have waited until there was sufficient room.
Rule 869(8) provides: that where a horse has gained an advantage as a result of a breach of the Rules (in this case causing interference to another runner ) the Committee has the power to relegate that horse to behind the horse it caused interference to.
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: 07ea63b915396b896f4cee3c85696567
informantnumber: A2517
horsename: ACES FELLA
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/02/2014
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 3rd placing of ACES FELLA driven by Mr S Dickson on the grounds of causing interference to LING HU (Driver L Hollis) with 150 metres to run.
Mr Dickson the Trainer/Driver of ACES FELLA was present and he advised the Committee that the Protest was contested.
Mr L Hollis the Driver of LING HU was also present.
Mr Muirhead demonstrated the incident by use of the Race Films and showed that with approximately 150 metres to run ACES FELLA which was racing on the inside of LING HU came out and contacted the front leg of that horse causing it to be checked. He said that ACES FELLA had clearly caused interference to LING HU and that Mr Dickson had moved out too soon. He also showed where Mr McKendry driving STRAWBERRY HEART had been on the outside of LING HU and had moved in slightly to obtain a run but he said that Mr McKendry had sufficient room and did not cause any inconvenience to LING HU.
Mr Hollis said that ACES FELLA had come out on him and he was not sure if there was contact. He also said that Mr McKendry had moved in. He said that his horse was battling at the time and that it may have overreacted.
Mr Dickson said that there was movement from the outside and that Mr Hollis' horse had ducked in as a result of that movement. He said that he did not make contact with Mr Hollis' horse and had not caused it to gallop. He said it may have overreacted to the movement from both sides.
Mr Muirhead said in summary that Mr McKendry had a clear run and as far as the Stewards were concerned he did not contribute to the incident at all.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead submitted that ACES FELLA had not only caused the interference but had gained an advantage by its actions in that it had obtained a run sooner than it should have and had obtained a better finishing position as a result.
Mr Dickson said again that in his opinion he had not caused LING HU to gallop.
reasonsfordecision:
The Committee has viewed the films several times and has assessed the evidence presented to it. As far as the Committee is concerned the evidence is very clear. Mr Dickson driving ACES FELLA has moved out when there was insufficient room and has caused interference to LING HU and caused that horse to break. ACES FELLA has gained an advantage from the incident and has finished in a better position than it may have if Mr Dickson had have waited until there was sufficient room.
Rule 869(8) provides: that where a horse has gained an advantage as a result of a breach of the Rules (in this case causing interference to another runner ) the Committee has the power to relegate that horse to behind the horse it caused interference to.
Decision:
The Protest is upheld and ACES FELLA is relegated to behind LING HU.
The amended placings are now : first (9) IDEAL SUCCESS
second (4) STRAWBERRY HEART
third (15) TWIN TOWERS
fourth (6) GONE N BORT IT
fifth (10) WYATT EARP.
It is ordered that Dividends and Stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4A) & 869(8)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Dickson - representing connections of ACES FELLA, Mr L Hollis - Driver of LING HU
Respondent: Mr S Dickson - Trainer/Driver of ACES FELLA
StipendSteward:
raceid: 1ee7077642d5e3f47526060e9b8a9cc4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
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