Cambridge-Te Awamutu HRC 10 May 2012 – R 7 (instigating a protest)
ID: JCA15614
Meet Title:
Cambridge HRC - 10 May 2012
Meet Chair:
JHolloway
Meet Committee Member 1:
BScott
Race Date:
2012/05/10
Race Number:
R 7
Decision:
The protest was dismissed and the Judges placings remained.
Authority to pay on confirmed placings was given.
Facts:
An information instigating a protest was lodged by Stipendiary Steward Mr J Muirhead following race 7.
The protest was lodged on behalf of the connections of horse 6, Phoebe Gladiator, (D Alexander) and horse 12, Oto Invasion, (J Stormont) against horse 9, Charlemagne, (P Butcher) for breaching the Push Out Rule [rule 869 (6) (b) and (c)], alleged to have occurred with approximately 1300 metres to run.
The judges placings were
1st - 9 Charlemagne
2nd - 14 Chocolate Brownie
3rd - 3 Jimmy’s Girl
4th - 13 Meyer Lansky
5th - 2 Benromach
6th - 12 Oto Invasion
Submissions for Decision:
Mr Ydgren referred to video footage of the relevant stage of the race and identified the respective runners.
With approximately 1300 metres and entering the home straight for the penultimate time, Mr Butcher on Charlemagne was four back on the running line with Mr Alexander on Phoebe Gladiator on his immediate outside with KD Commando to his front also two wide.
Mr Stormont on Oto Invasion was improving 3 wide around the field and then moved to 4 wide.
KD Commando moved from two wide to three wide. Charlemagne improved from the running rail to the two wide line and Phoebe Gladiator moved to three wide.
Mr Ydgren told the committee that from the films it was difficult to establish if Charlemagne had forced Phoebe Gladiator wider or if Phoebe Gladiator had simply followed KD Commando as it moved three wide allowing Charlemagne to take the gap and establish itself in the two wide position.
Mr Alexander told the hearing that he was forced wider by Charlemagne.
Mr Stormont confirmed that he had been forced four wide whilst improving around the field. He was unable to identify the cause although the horse on his immediate inside was Phoebe Gladiator.
Mr Butcher told the hearing that he had just popped into a gap that had appeared from the outward movement of Mr Balle.
Mr Butler referred to footage of the race and indicated where Mr Alexander was moving from the two wide to the three wide which left a gap for Charlemagne to improve into. He suggested Mr Alexander had forced Oto Invasion wider on the track as he went to follow KD Commando.
Mr Muirhead told the hearing the protest hinged on whether the Committee established Phoebe Gladiator was moving forward in the two wide position and was forced wider by Charlemagne in breach of the push out rule or if Phoebe Gladiator had merely followed KD Commando improving 3 wide and thus allowing Charlemagne off the running line.
Reasons for Decision:
Two versions of the incident were presented and the witnesses accounts gave support to both. However, the video films provided no conclusive confirmation of either option.
There was no clear evidence to show that Charlemagne in moving from the running line to two wide had forced Phoebe Gladiator and subsequently Oto Invasion wider in breach of rule 869 (6) (b) & (c).
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: bb7c8b83135ca5ef5e8a538be942149d
informantnumber: A2459
horsename: CHARLEMAGNE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 06/05/2012
hearing_title: Cambridge-Te Awamutu HRC 10 May 2012 - R 7 (instigating a protest)
charge:
facts:
An information instigating a protest was lodged by Stipendiary Steward Mr J Muirhead following race 7.
The protest was lodged on behalf of the connections of horse 6, Phoebe Gladiator, (D Alexander) and horse 12, Oto Invasion, (J Stormont) against horse 9, Charlemagne, (P Butcher) for breaching the Push Out Rule [rule 869 (6) (b) and (c)], alleged to have occurred with approximately 1300 metres to run.
The judges placings were
1st - 9 Charlemagne
2nd - 14 Chocolate Brownie
3rd - 3 Jimmy’s Girl
4th - 13 Meyer Lansky
5th - 2 Benromach
6th - 12 Oto Invasion
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren referred to video footage of the relevant stage of the race and identified the respective runners.
With approximately 1300 metres and entering the home straight for the penultimate time, Mr Butcher on Charlemagne was four back on the running line with Mr Alexander on Phoebe Gladiator on his immediate outside with KD Commando to his front also two wide.
Mr Stormont on Oto Invasion was improving 3 wide around the field and then moved to 4 wide.
KD Commando moved from two wide to three wide. Charlemagne improved from the running rail to the two wide line and Phoebe Gladiator moved to three wide.
Mr Ydgren told the committee that from the films it was difficult to establish if Charlemagne had forced Phoebe Gladiator wider or if Phoebe Gladiator had simply followed KD Commando as it moved three wide allowing Charlemagne to take the gap and establish itself in the two wide position.
Mr Alexander told the hearing that he was forced wider by Charlemagne.
Mr Stormont confirmed that he had been forced four wide whilst improving around the field. He was unable to identify the cause although the horse on his immediate inside was Phoebe Gladiator.
Mr Butcher told the hearing that he had just popped into a gap that had appeared from the outward movement of Mr Balle.
Mr Butler referred to footage of the race and indicated where Mr Alexander was moving from the two wide to the three wide which left a gap for Charlemagne to improve into. He suggested Mr Alexander had forced Oto Invasion wider on the track as he went to follow KD Commando.
Mr Muirhead told the hearing the protest hinged on whether the Committee established Phoebe Gladiator was moving forward in the two wide position and was forced wider by Charlemagne in breach of the push out rule or if Phoebe Gladiator had merely followed KD Commando improving 3 wide and thus allowing Charlemagne off the running line.
reasonsfordecision:
Two versions of the incident were presented and the witnesses accounts gave support to both. However, the video films provided no conclusive confirmation of either option.
There was no clear evidence to show that Charlemagne in moving from the running line to two wide had forced Phoebe Gladiator and subsequently Oto Invasion wider in breach of rule 869 (6) (b) & (c).
Decision:
The protest was dismissed and the Judges placings remained.
Authority to pay on confirmed placings was given.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(6)(b) and (c)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr D Alexander - Trainer/Driver of PHOEBE GLADIATOR, Mr J Stormont - Driver of OTO INVASION, Mr N Ydgren - Stipendiary Steward
Respondent: Mr P Butcher - Driver of CHARLEMAGNE, Mr C Butler - Trainer/Part Owner of CHARLEMAGNE
StipendSteward:
raceid: 50c6ca2bef1806516bcf56f63e87ffc8
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: 9557f80c553fee7924bb5054269abd94
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/05/2012
meet_title: Cambridge HRC - 10 May 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "0138", "Total": "85.56", "kmprice": 85.560000000000002, "Approved": "on"}]
meet_otherexp:
tracklocation: cambridge-hrc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: BScott
meet_pm2: none
name: Cambridge HRC