Cambridge – Te Awamutu HRC – 15 January 2010 –
ID: JCA20366
Hearing Type (Code):
harness-racing
Decision:
CAMBRIDGE/TE AWAMUTU HARNESS RACING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 15TH JANUARY 2010
--JCA PANEL: BJ Scott – Chairman, JN Holloway – Committee
--RACE NO: 3 INFORMATION NO: 12347 RULE NO: 869(4A) & 869(7A)(c) and Passing Lanes, False Rails and Home Straight Regulations clause 7
--An Information was lodged by Stipendiary Steward Mr TW Taumanu against the second placing of Lulabelle Midfrew (Driver J Stormont) on the grounds of causing interference to Artistic Rulz (Driver T Mitchell) over the last 40 metres.
CAMBRIDGE/TE AWAMUTU HARNESS RACING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 15TH JANUARY 2010
--JCA PANEL: BJ Scott – Chairman, JN Holloway – Committee
--RACE NO: 3 INFORMATION NO: 12347 RULE NO: 869(4A) & 869(7A)(c) and Passing Lanes, False Rails and Home Straight Regulations clause 7
--An Information was lodged by Stipendiary Steward Mr TW Taumanu against the second placing of Lulabelle Midfrew (Driver J Stormont) on the grounds of causing interference to Artistic Rulz (Driver T Mitchell) over the last 40 metres.
--The protest was contested.
--Present at the Hearing were Mr J Stormont the Trainer/Driver of Lulabelle Midfrew and Mr Stormont advised this Committee that he represented the connections of that horse. Mr TW Mitchell the Trainer/Driver of Artistic Rulz was also present and he confirmed to this Committee that he represented the connections of his horse.
--Rule 869(4A) provides:
--“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.”
--Rule 869(7A)(c) provides:
--“Every Horseman who moves inwards shall ensure that the movement does not cause any other Horseman, horse or sulky to contact any track marker or protrude inside the marker line.”
--Clause 7 of the Passing Lanes, False Rails and Home Straight Regulations provides:
--“Except where a Horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this Regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain a straighter course as possible to the finish line.”
--Evidence was given by use of the video film of the race and Stipendiary Steward Mr JM Muirhead pointed out the positions of Lulabelle Midfrew and Artistic Rulz in the run home to the finish. Lulabelle Midfrew had been in the one one position early in the home straight and as the field opened up in the run to the finish Mr Stormont moved his horse into the trailing position behind the eventual winner Henrik Zetterberg. Mr Stormont with approximately 50 metres to go then moved Lulabelle Midfrew from the trailing position into the passing lane in order to obtain the best possible finish for his horse. At the time of the inwards movement into the passing lane Mr Stormont’s horse was approximately three lengths clear of Artistic Rulz. Mr Mitchell attempted to improve Artistic Rulz on the inside of Lulabelle Midfrew and as a result his sulky ran over several pylons.
--Mr Muirhead pointed out the inwards movements by Mr Stormont and said that Mr Stormont’s horse had caused interference to Artistic Rulz and by moving inwards had caused that horse’s sulky to go over several pylons. Mr Muirhead stated that the chances of Artistic Rulz obtaining a better placing were affected by the inward movement and the resulting interference.
--Mr Stormont for his part believed that he was entitled to move where he did. He asked for the side on film of the race to be shown and he pointed out that he was clear of Mr Mitchell’s horse when he moved. He pointed out that he had properly moved into the trail and once he was in the trail he was entitled to take the vacant passing lane. Mr Stormont told this Committee that the only movements he made were movements that he was entitled to do and that it was not his fault or the fault of his horse that Mr Mitchell’s sulky had gone over the pylons.
--Mr Mitchell gave evidence and he pointed to the movement of Lulabelle Midfrew in the run home and said that he ran out of clear racing room and it was the fault of Mr Stormont’s horse. Mr Mitchell said that he had stopped driving his horse out.
--In summary Mr Taumanu pointed to the inwards movement of Mr Stormont’s horse and by use of the head on film showed that Mr Mitchell had run out of room and had, in his opinion, effectively been pushed over the track pylons.
--Mr Stormont for his part reiterated that he was entitled to go where he did, he was clear of Mr Mitchell’s horse and he had not done anything to affect the chances of Mr Mitchell’s horse and was entitled to keep his placing.
--Decision and Reasons
--The Committee viewed both the head on and side on films several more times. The movement by Mr Stormont is quite clear but just as clear is the fact that when Mr Stormont first moved into the passing lane his horse was about two and a half lengths clear of Mr Mitchell’s horse. This Committee has taken the view that Mr Stormont was entitled to move into the trail and that when he did so there was plenty of room for that movement. Mr Stormont was also entitled to move into the vacant passing lane and when he did so he was clear of Mr Mitchell’s horse. It is our view that there was not sufficient room for Mr Mitchell’s horse to move up on the inside of Mr Stormont’s horse and Mr Stormont was entitled to be where he was.
--The protest is accordingly dismissed.
--
BJ Scott JN Holloway
Chairman Committee Member
12347
--
--
Decision Date: 15/01/2010
Publish Date: 15/01/2010
JCA Decision Fields (raw)
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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: 75bd8153cdb3ee1a1d0c876dacaaf75b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/01/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge - Te Awamutu HRC - 15 January 2010 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
CAMBRIDGE/TE AWAMUTU HARNESS RACING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 15TH JANUARY 2010
--JCA PANEL: BJ Scott – Chairman, JN Holloway – Committee
--RACE NO: 3 INFORMATION NO: 12347 RULE NO: 869(4A) & 869(7A)(c) and Passing Lanes, False Rails and Home Straight Regulations clause 7
--An Information was lodged by Stipendiary Steward Mr TW Taumanu against the second placing of Lulabelle Midfrew (Driver J Stormont) on the grounds of causing interference to Artistic Rulz (Driver T Mitchell) over the last 40 metres.
CAMBRIDGE/TE AWAMUTU HARNESS RACING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 15TH JANUARY 2010
--JCA PANEL: BJ Scott – Chairman, JN Holloway – Committee
--RACE NO: 3 INFORMATION NO: 12347 RULE NO: 869(4A) & 869(7A)(c) and Passing Lanes, False Rails and Home Straight Regulations clause 7
--An Information was lodged by Stipendiary Steward Mr TW Taumanu against the second placing of Lulabelle Midfrew (Driver J Stormont) on the grounds of causing interference to Artistic Rulz (Driver T Mitchell) over the last 40 metres.
--The protest was contested.
--Present at the Hearing were Mr J Stormont the Trainer/Driver of Lulabelle Midfrew and Mr Stormont advised this Committee that he represented the connections of that horse. Mr TW Mitchell the Trainer/Driver of Artistic Rulz was also present and he confirmed to this Committee that he represented the connections of his horse.
--Rule 869(4A) provides:
--“No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.”
--Rule 869(7A)(c) provides:
--“Every Horseman who moves inwards shall ensure that the movement does not cause any other Horseman, horse or sulky to contact any track marker or protrude inside the marker line.”
--Clause 7 of the Passing Lanes, False Rails and Home Straight Regulations provides:
--“Except where a Horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this Regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain a straighter course as possible to the finish line.”
--Evidence was given by use of the video film of the race and Stipendiary Steward Mr JM Muirhead pointed out the positions of Lulabelle Midfrew and Artistic Rulz in the run home to the finish. Lulabelle Midfrew had been in the one one position early in the home straight and as the field opened up in the run to the finish Mr Stormont moved his horse into the trailing position behind the eventual winner Henrik Zetterberg. Mr Stormont with approximately 50 metres to go then moved Lulabelle Midfrew from the trailing position into the passing lane in order to obtain the best possible finish for his horse. At the time of the inwards movement into the passing lane Mr Stormont’s horse was approximately three lengths clear of Artistic Rulz. Mr Mitchell attempted to improve Artistic Rulz on the inside of Lulabelle Midfrew and as a result his sulky ran over several pylons.
--Mr Muirhead pointed out the inwards movements by Mr Stormont and said that Mr Stormont’s horse had caused interference to Artistic Rulz and by moving inwards had caused that horse’s sulky to go over several pylons. Mr Muirhead stated that the chances of Artistic Rulz obtaining a better placing were affected by the inward movement and the resulting interference.
--Mr Stormont for his part believed that he was entitled to move where he did. He asked for the side on film of the race to be shown and he pointed out that he was clear of Mr Mitchell’s horse when he moved. He pointed out that he had properly moved into the trail and once he was in the trail he was entitled to take the vacant passing lane. Mr Stormont told this Committee that the only movements he made were movements that he was entitled to do and that it was not his fault or the fault of his horse that Mr Mitchell’s sulky had gone over the pylons.
--Mr Mitchell gave evidence and he pointed to the movement of Lulabelle Midfrew in the run home and said that he ran out of clear racing room and it was the fault of Mr Stormont’s horse. Mr Mitchell said that he had stopped driving his horse out.
--In summary Mr Taumanu pointed to the inwards movement of Mr Stormont’s horse and by use of the head on film showed that Mr Mitchell had run out of room and had, in his opinion, effectively been pushed over the track pylons.
--Mr Stormont for his part reiterated that he was entitled to go where he did, he was clear of Mr Mitchell’s horse and he had not done anything to affect the chances of Mr Mitchell’s horse and was entitled to keep his placing.
--Decision and Reasons
--The Committee viewed both the head on and side on films several more times. The movement by Mr Stormont is quite clear but just as clear is the fact that when Mr Stormont first moved into the passing lane his horse was about two and a half lengths clear of Mr Mitchell’s horse. This Committee has taken the view that Mr Stormont was entitled to move into the trail and that when he did so there was plenty of room for that movement. Mr Stormont was also entitled to move into the vacant passing lane and when he did so he was clear of Mr Mitchell’s horse. It is our view that there was not sufficient room for Mr Mitchell’s horse to move up on the inside of Mr Stormont’s horse and Mr Stormont was entitled to be where he was.
--The protest is accordingly dismissed.
--
BJ Scott JN Holloway
Chairman Committee Member
12347
--
--
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hearing_type: Old Hearing
Rules: 869.4A, 869.7A.c, 869.7
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