Cambridge-Te Awamutu HRC 22 March 2012 – R 11 (instigating a protest)
ID: JCA13781
Meet Title:
Cambridge - Te Awamutu HRC - 22 March 2012
Meet Chair:
AGodsalve
Meet Committee Member 1:
JHolloway
Race Date:
2012/03/22
Race Number:
R11
Decision:
The Protest is upheld and horse 7 Stunin Banner is relegated to 7th place.
The judges' placings are amended as follows:
1st 5 Brydon Delight
2nd 6 Master Firehawke
3rd 4 Heinz Guderian
4th 1 Cyamach
5th 10 Covert Action
6th 11 Bettor Blaze
7th 7 Stunin Banner
Payment on amended placings was authorised.
Facts:
This was a contested protest instigated by Stipendiary Steward Mr T Taumanu following the running of race 11. The basis of the protest was that with approximately 50-60 metres to run Stunin Banner (D Butcher) placed 3rd by the judge caused interference to the 7th placegetter, Bettor Blaze (Mr S McCaffrey).
The provisional placings were:
1st 5 Brydon Delight
2nd 6 Master Firehawke
3rd 7 Stunin Banner
4th 4 Heinz Guderian
5th 1 Cyamach
6th 10 Covert Action
7th 11 Bettor Blaze
The official margins were 1/2L, 3/4L, 1/2L
Rule 869(8) provides that:
" The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with the progress or chance of any other horse or horses-
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
The hearing commenced at 9.57pm.
Submissions for Decision:
Mr J Muirhead demonstrated the incident by way of video footage and identified the relevant runners.
He told the Judicial Committee that at a point between the 50-60 metre mark Stunin Banner (Mr D Butcher) was trailing midfield behind Covert Action (Mr T Mitchell) and travelling well.
Stunin Banner came out to challenge the horses ahead of it and in doing so, shifted out onto Bettor Blaze (Mr S McCaffrey) forcing it wider on the track causing that horse to become unbalanced and all but break.
He also submitted that the sulky wheel of Stunin Banner appeared to make contact with Bettor Blaze and that the wheel went inside Bettor Blaze's flank and further that the wheel was inside the wheel on Bettor Blaze's sulky. Stunin Banner ran on strongly from that point to finish 3rd.
Mr McCaffrey (Bettor Blaze) told the Committee that in his opinion his horse was moved outwards when Stunin Banner came out onto him. He confirmed his horse had lost a shin boot when coming into contact with Mr Butcher. He told the Committee that there had been contact made at that point and that the wheel on Stunin Banner's sulky had been inside his sulky wheel.
He added that his horse was battling at the time and was hardly making ground on Mr Mitchell on his inside. He also added that in his opinion the fact that the sulky used on Stunin Banner-which was a different design to a conventional sulky caused the contact.
He agreed that the movement from Mr Butcher had caused him to become unbalanced and the action had provided an advantage in that he “had run in the money”.
Mr D Butcher (Stunin Banner) told the Committee that he had just 'eased' outwards onto Bettor Blaze, which in his opinion was hanging in. He said he felt that he had the advantage over Bettor Blaze and that he had pushed out in a 'legal' manner wheel to wheel. He had the advantage and was entitled to ease Mr McCaffrey out.
He agreed with a question from Mr Taumanu about contact being made but said that it was caused by Bettor Blaze lugging in onto his horse. He felt that his horse deserved to hold its 3rd placing as Bettor Blaze was battling and was not going to feature in the placings.
In summary Mr Taumanu stated that he disagreed that Mr Butcher had a fair advantage when he moved out onto Bettor Blaze, adding Mr Butcher had created the problem unfairly and that his horse should not hold its 3rd placing.
Reasons for Decision:
The Committee carefully considered the submissions of all parties. In delivering its decision the Committee found that:
Bettor Blaze was maintaining a straight line and being driven with some industry by Mr McCaffrey about 50 metres from the finish. Mr Butcher moved between Mr McCaffrey and Mr Mitchell and forced Mr McCaffrey wider on the track with his sulky coming under and contacting the legs of Bettor Blaze causing it to almost break and lose its momentum.
Mr Butcher's move under the flank of Bettor Blaze was unsafe causing it to become unbalanced and creating an unfair advantage over it and other horses in the race. Bettor Blaze was entitled to be there and was maintaining a straight line to the finish.
There was an obligation on Mr Butcher to ensure that any movement was made with safety.
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: 63c19831918080769241b537fc712b86
informantnumber: 2452
horsename: STUNIN BANNER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/03/2012
hearing_title: Cambridge-Te Awamutu HRC 22 March 2012 - R 11 (instigating a protest)
charge:
facts:
This was a contested protest instigated by Stipendiary Steward Mr T Taumanu following the running of race 11. The basis of the protest was that with approximately 50-60 metres to run Stunin Banner (D Butcher) placed 3rd by the judge caused interference to the 7th placegetter, Bettor Blaze (Mr S McCaffrey).
The provisional placings were:
1st 5 Brydon Delight
2nd 6 Master Firehawke
3rd 7 Stunin Banner
4th 4 Heinz Guderian
5th 1 Cyamach
6th 10 Covert Action
7th 11 Bettor Blaze
The official margins were 1/2L, 3/4L, 1/2L
Rule 869(8) provides that:
" The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which:
(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) may have interfered with, or whose horseman may have interfered with the progress or chance of any other horse or horses-
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
The hearing commenced at 9.57pm.
appealdecision:
isappeal:
submissionsfordecision:
Mr J Muirhead demonstrated the incident by way of video footage and identified the relevant runners.
He told the Judicial Committee that at a point between the 50-60 metre mark Stunin Banner (Mr D Butcher) was trailing midfield behind Covert Action (Mr T Mitchell) and travelling well.
Stunin Banner came out to challenge the horses ahead of it and in doing so, shifted out onto Bettor Blaze (Mr S McCaffrey) forcing it wider on the track causing that horse to become unbalanced and all but break.
He also submitted that the sulky wheel of Stunin Banner appeared to make contact with Bettor Blaze and that the wheel went inside Bettor Blaze's flank and further that the wheel was inside the wheel on Bettor Blaze's sulky. Stunin Banner ran on strongly from that point to finish 3rd.
Mr McCaffrey (Bettor Blaze) told the Committee that in his opinion his horse was moved outwards when Stunin Banner came out onto him. He confirmed his horse had lost a shin boot when coming into contact with Mr Butcher. He told the Committee that there had been contact made at that point and that the wheel on Stunin Banner's sulky had been inside his sulky wheel.
He added that his horse was battling at the time and was hardly making ground on Mr Mitchell on his inside. He also added that in his opinion the fact that the sulky used on Stunin Banner-which was a different design to a conventional sulky caused the contact.
He agreed that the movement from Mr Butcher had caused him to become unbalanced and the action had provided an advantage in that he “had run in the money”.
Mr D Butcher (Stunin Banner) told the Committee that he had just 'eased' outwards onto Bettor Blaze, which in his opinion was hanging in. He said he felt that he had the advantage over Bettor Blaze and that he had pushed out in a 'legal' manner wheel to wheel. He had the advantage and was entitled to ease Mr McCaffrey out.
He agreed with a question from Mr Taumanu about contact being made but said that it was caused by Bettor Blaze lugging in onto his horse. He felt that his horse deserved to hold its 3rd placing as Bettor Blaze was battling and was not going to feature in the placings.
In summary Mr Taumanu stated that he disagreed that Mr Butcher had a fair advantage when he moved out onto Bettor Blaze, adding Mr Butcher had created the problem unfairly and that his horse should not hold its 3rd placing.
reasonsfordecision:
The Committee carefully considered the submissions of all parties. In delivering its decision the Committee found that:
Bettor Blaze was maintaining a straight line and being driven with some industry by Mr McCaffrey about 50 metres from the finish. Mr Butcher moved between Mr McCaffrey and Mr Mitchell and forced Mr McCaffrey wider on the track with his sulky coming under and contacting the legs of Bettor Blaze causing it to almost break and lose its momentum.
Mr Butcher's move under the flank of Bettor Blaze was unsafe causing it to become unbalanced and creating an unfair advantage over it and other horses in the race. Bettor Blaze was entitled to be there and was maintaining a straight line to the finish.
There was an obligation on Mr Butcher to ensure that any movement was made with safety.
Decision:
The Protest is upheld and horse 7 Stunin Banner is relegated to 7th place.
The judges' placings are amended as follows:
1st 5 Brydon Delight
2nd 6 Master Firehawke
3rd 4 Heinz Guderian
4th 1 Cyamach
5th 10 Covert Action
6th 11 Bettor Blaze
7th 7 Stunin Banner
Payment on amended placings was authorised.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr T W Taumanu - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Stipendiary Steward, Mr S McCaffrey - Part Owner/Trainer/Driver of BETTOR BLAZE
Respondent: Mr D Butcher for STUNIN BANNER
StipendSteward:
raceid: 8148c39a350167522271f12be1ba60fd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d5359d96c01249bb977230f52de6993c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/03/2012
meet_title: Cambridge - Te Awamutu HRC - 22 March 2012
meet_expappcomment:
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meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: JHolloway
meet_pm2: none
name: Cambridge - Te Awamutu HRC