Cambridge-Te Awamutu HRC 19 April 2012 – R 2 (instigating a protest)
ID: JCA13022
Meet Title:
Cambridge HRC - 19 April 2012
Meet Chair:
BScott
Meet Committee Member 1:
JHolloway
Race Date:
2012/04/19
Race Number:
R 2
Decision:
The Protest is dismissed and the Official Judge’s Placings stand.
Facts:
An Information was lodged by Stipendiary Steward Mr TW Taumanu against the first placing of STARS STAR (Driver Mr DJ Butcher) on the grounds of moving into the passing lane during the run home and causing interference to the second place horse ELWOOD ENGEL (Junior Driver Mr S Lawson).
Rule 869(4) provides:
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Passing Lane Regulations Clause 4 provides:
“In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.”
Passing Lane Regulations Clause 6 provides:
“Subject to Clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.”
Mr Butcher was present and advised this Committee that he represented the connections of STARS STAR and that the Protest was contested.
Mr Muirhead, Stipendiary Steward on behalf of Mr Taumanu demonstrated the incident by use of the video films. These showed STARS STAR trailing OHOKA ILLINOIS to the home turn with ELWOOD ENGEL following STARS STAR. After the horses had turned into the home straight and prior to the passing lane OHOKA ILLINOIS drifted outwards and STARS STAR made a run on the inside of that horse. STARS STAR did not immediately move into the passing lane.
Mr Lawson driving ELWOOD ENGEL then moved into the passing lane and a short time thereafter Mr Butcher moved STARS STAR in towards the passing lane with the result that there was not sufficient room for ELWOOD ENGEL to come through on the inside. The two horses maintained these positions to the finish and the film showed Mr Lawson jostling for room to move up on the inside of Mr Butcher’s horse. The films also showed that Mr Lawson did not use the whip on his horse until approximately the last 30 metres of the race. The margin between first and second at the finish was half a head.
Mr Lawson advised the Committee that although he had moved into the passing lane and that he was cramped for room that his horse’s chances were not affected. He said that his horse was a two year old and that it raced greenly and ran around.
Mr Lawson was questioned by the Committee about his jostling with his horse which appeared to be an attempt to move up on the inside and further about his lack of use of the whip until the very end of the race but he still maintained that his chances were not affected.
Mr Butcher said that he was entitled to take the passing lane and that he did so. He had been following OHOKA ILLINOIS and there was room for him to move to the passing lane and he moved in and as far as he was concerned he did not interfere with Mr Lawson’s horse and he then continued on in a straight line to the finish.
Submissions for Decision:
Mr Butcher said that he was not only entitled to move into the passing lane but because he did not cause any interference to Mr Lawson’s horse that the Protest should be dismissed.
Mr Taumanu said that the incident was shown clearly on the video films and it was a 50/50 call and he would leave it to the Committee.
Reasons for Decision:
The Committee has not only heard the evidence but has viewed the video films again several times. There did appear to be room for Mr Lawson to move up on the inside of Mr Butcher’s horse but after that Mr Butcher has moved partially into the passing lane and there was insufficient room for Mr Lawson’s horse to get through.
The Committee was concerned that Mr Lawson appeared to be jostling for room so that his horse could get through and also he did not use the whip until very close to the finish.
Mr Lawson does however tell us that his chances were not affected although we were uncertain about that.
Mr Taumanu has told us that this is a 50/50 call and on the basis of the uncertainty that exists we have decided to dismiss the Protest.
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: 375c1702d090b02fca10d8441194b2a5
informantnumber: A2455
horsename: STARS STAR
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 15/06/2012
hearing_title: Cambridge-Te Awamutu HRC 19 April 2012 - R 2 (instigating a protest)
charge:
facts:
An Information was lodged by Stipendiary Steward Mr TW Taumanu against the first placing of STARS STAR (Driver Mr DJ Butcher) on the grounds of moving into the passing lane during the run home and causing interference to the second place horse ELWOOD ENGEL (Junior Driver Mr S Lawson).
Rule 869(4) provides:
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Passing Lane Regulations Clause 4 provides:
“In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.”
Passing Lane Regulations Clause 6 provides:
“Subject to Clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.”
Mr Butcher was present and advised this Committee that he represented the connections of STARS STAR and that the Protest was contested.
Mr Muirhead, Stipendiary Steward on behalf of Mr Taumanu demonstrated the incident by use of the video films. These showed STARS STAR trailing OHOKA ILLINOIS to the home turn with ELWOOD ENGEL following STARS STAR. After the horses had turned into the home straight and prior to the passing lane OHOKA ILLINOIS drifted outwards and STARS STAR made a run on the inside of that horse. STARS STAR did not immediately move into the passing lane.
Mr Lawson driving ELWOOD ENGEL then moved into the passing lane and a short time thereafter Mr Butcher moved STARS STAR in towards the passing lane with the result that there was not sufficient room for ELWOOD ENGEL to come through on the inside. The two horses maintained these positions to the finish and the film showed Mr Lawson jostling for room to move up on the inside of Mr Butcher’s horse. The films also showed that Mr Lawson did not use the whip on his horse until approximately the last 30 metres of the race. The margin between first and second at the finish was half a head.
Mr Lawson advised the Committee that although he had moved into the passing lane and that he was cramped for room that his horse’s chances were not affected. He said that his horse was a two year old and that it raced greenly and ran around.
Mr Lawson was questioned by the Committee about his jostling with his horse which appeared to be an attempt to move up on the inside and further about his lack of use of the whip until the very end of the race but he still maintained that his chances were not affected.
Mr Butcher said that he was entitled to take the passing lane and that he did so. He had been following OHOKA ILLINOIS and there was room for him to move to the passing lane and he moved in and as far as he was concerned he did not interfere with Mr Lawson’s horse and he then continued on in a straight line to the finish.
appealdecision:
isappeal:
submissionsfordecision:
Mr Butcher said that he was not only entitled to move into the passing lane but because he did not cause any interference to Mr Lawson’s horse that the Protest should be dismissed.
Mr Taumanu said that the incident was shown clearly on the video films and it was a 50/50 call and he would leave it to the Committee.
reasonsfordecision:
The Committee has not only heard the evidence but has viewed the video films again several times. There did appear to be room for Mr Lawson to move up on the inside of Mr Butcher’s horse but after that Mr Butcher has moved partially into the passing lane and there was insufficient room for Mr Lawson’s horse to get through.
The Committee was concerned that Mr Lawson appeared to be jostling for room so that his horse could get through and also he did not use the whip until very close to the finish.
Mr Lawson does however tell us that his chances were not affected although we were uncertain about that.
Mr Taumanu has told us that this is a 50/50 call and on the basis of the uncertainty that exists we have decided to dismiss the Protest.
Decision:
The Protest is dismissed and the Official Judge’s Placings stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4) and the Passing Lane Regulations
Informant: Mr T W Taumanu - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Lawson - Junior Driver of ELWOOD ENGEL, Mr R Lawson - Licensed Trainer assisting Mr S Lawson, Mr J Muirhead - Stipendiary Steward
Respondent: Mr D J Butcher - Driver of STARS STAR
StipendSteward:
raceid: 4e46199c4823e987bd71e9f737fef624
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 30f40db28a4fa5317f03262ee8ee4ccb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/04/2012
meet_title: Cambridge HRC - 19 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: JHolloway
meet_pm2: none
name: Cambridge HRC