Cambridge-Te Awamutu HRC 24 December 2010 – R 11 (instigating a protest)
ID: JCA11952
Meet Title:
Cambridge - Te Awamutu HRC - 24 December 2010
Meet Chair:
JHolloway
Meet Committee Member 1:
BScott
Race Date:
2010/12/24
Race Number:
R11
Decision:
The protest was dismissed and authority for payment of dividends on the judge’s original placings was given.
Facts:
An information instigating a protest was lodged by Stipendiary Steward Mr J Muirhead following race 11.
The protest was on behalf of the connections of horse 11 Mister T (T MacFarlane), placed 11th, and horse 14 Thefasterthebettor (J Abernethy), placed 14th on the grounds of interference which occurred with approximately 400 metres to run, allegedly caused by horse 1 Copy My Past (N Chilcott) placed 3rd by the judge
The judge’s placings were as follows
1st 5 Amazing Art
2nd 6 Leroy Brogden
3rd 1 Copy My Past
4th 12 Kenny’s Place
5th 2 Mcarmbro
6th 7 Mctaggart
Present for the hearing were driver Miss N Chilcott and Mr A Butler part owner of Copy My Past and Mr MacFarlane the driver of Mister T
Miss Chilcott confirmed to the Committee that she was challenging the protest,
Stipendiary Steward Mr N Ydgren explained that near the one mile mark Mr Herlihy on Bettor Dream suffered a puncture. On the back straight prior to the final turn this wheel buckled causing him to pull up sharply.
Miss Chilcott four back on the rail had pulled out from behind Mr Herlihy and in doing so had caused interference to Horse 11 Mister T driven by Mr MacFarlane who had broken in moving out. In doing so he had locked wheels with Thefasterthebettor driven by Mr Abernethy.
Submissions for Decision:
Mr Muirhead referred to film footage of the relevant stages of the race and identified the respective parties and talked through the actions of Miss Chilcott. He said at the time she made the outwards movement there was insufficient room and she had checked Mr MacFarlane who moved outwards and into the path of Mr Abernethy. Miss Chilcott had an obligation not to cause interference and was obliged to take hold before looking to move outwards. Mr MacFarlane in anticipating Miss Chilcott’s outwards movement had reduced the impact of her actions but these had still caused checks to McFarlane and Abernethy.
Mr MacFarlane told the hearing that he intended to follow Mr Mitchell who was progressing two wide but wasn’t going well enough. Miss Chilcott moved out and ‘had the wood on him’
There was no contact and she had to get out of where she was.
His horse was labouring and he didn’t call for room from Miss Chilcott because it wasn’t required. As he moved out to provide room for Miss Chilcott he broke and locked wheels with Mr Abernethy. He conceded had had moved out to avoid Miss Chilcott. His horse would not have finished in the money.
Miss Chilcott explained that she had no warning of Mr Herlihy’s predicament until he started yelling and almost came to a standstill.
Mr MacFarlane was not going very well, she had to take evasive action and there was sufficient room. She was more than entitled to come out as she was miles in front of Mr MacFarlane.
Mr Butler claimed their horse was out before Mr MacFarlane had galloped. The important fact to remember was the impact of Mr Herlihy’s predicament.
Reasons for Decision:
From viewing the film footage and listening to the evidence of the parties the committee was satisfied that Miss Chilcott had moved outwards suddenly to avert the sudden slowing of Mr Herlihy.
At the time she was not sufficiently clear of Mr MacFarlane and although he had responded by moving out her action precipitated the subsequent galloping of Mister T and the locking of wheels with Thefasterthebettor.
That interference was caused by Miss Chilcott in doing so was established.
There was evidence provided by Mr MacFarlane supported by films to indicate that Mister T was labouring and that its chances in the race were extinguished prior to the interference. There was no evidence given to suggest Thefasterthebettor‘s chances were affected as it had finished behind the tiring Mister T.
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: 29c840a0cbddd810e45dee3a80ce8140
informantnumber: 11832
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/12/2010
hearing_title: Cambridge-Te Awamutu HRC 24 December 2010 - R 11 (instigating a protest)
charge:
facts:
An information instigating a protest was lodged by Stipendiary Steward Mr J Muirhead following race 11.
The protest was on behalf of the connections of horse 11 Mister T (T MacFarlane), placed 11th, and horse 14 Thefasterthebettor (J Abernethy), placed 14th on the grounds of interference which occurred with approximately 400 metres to run, allegedly caused by horse 1 Copy My Past (N Chilcott) placed 3rd by the judge
The judge’s placings were as follows
1st 5 Amazing Art
2nd 6 Leroy Brogden
3rd 1 Copy My Past
4th 12 Kenny’s Place
5th 2 Mcarmbro
6th 7 Mctaggart
Present for the hearing were driver Miss N Chilcott and Mr A Butler part owner of Copy My Past and Mr MacFarlane the driver of Mister T
Miss Chilcott confirmed to the Committee that she was challenging the protest,
Stipendiary Steward Mr N Ydgren explained that near the one mile mark Mr Herlihy on Bettor Dream suffered a puncture. On the back straight prior to the final turn this wheel buckled causing him to pull up sharply.
Miss Chilcott four back on the rail had pulled out from behind Mr Herlihy and in doing so had caused interference to Horse 11 Mister T driven by Mr MacFarlane who had broken in moving out. In doing so he had locked wheels with Thefasterthebettor driven by Mr Abernethy.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead referred to film footage of the relevant stages of the race and identified the respective parties and talked through the actions of Miss Chilcott. He said at the time she made the outwards movement there was insufficient room and she had checked Mr MacFarlane who moved outwards and into the path of Mr Abernethy. Miss Chilcott had an obligation not to cause interference and was obliged to take hold before looking to move outwards. Mr MacFarlane in anticipating Miss Chilcott’s outwards movement had reduced the impact of her actions but these had still caused checks to McFarlane and Abernethy.
Mr MacFarlane told the hearing that he intended to follow Mr Mitchell who was progressing two wide but wasn’t going well enough. Miss Chilcott moved out and ‘had the wood on him’
There was no contact and she had to get out of where she was.
His horse was labouring and he didn’t call for room from Miss Chilcott because it wasn’t required. As he moved out to provide room for Miss Chilcott he broke and locked wheels with Mr Abernethy. He conceded had had moved out to avoid Miss Chilcott. His horse would not have finished in the money.
Miss Chilcott explained that she had no warning of Mr Herlihy’s predicament until he started yelling and almost came to a standstill.
Mr MacFarlane was not going very well, she had to take evasive action and there was sufficient room. She was more than entitled to come out as she was miles in front of Mr MacFarlane.
Mr Butler claimed their horse was out before Mr MacFarlane had galloped. The important fact to remember was the impact of Mr Herlihy’s predicament.
reasonsfordecision:
From viewing the film footage and listening to the evidence of the parties the committee was satisfied that Miss Chilcott had moved outwards suddenly to avert the sudden slowing of Mr Herlihy.
At the time she was not sufficiently clear of Mr MacFarlane and although he had responded by moving out her action precipitated the subsequent galloping of Mister T and the locking of wheels with Thefasterthebettor.
That interference was caused by Miss Chilcott in doing so was established.
There was evidence provided by Mr MacFarlane supported by films to indicate that Mister T was labouring and that its chances in the race were extinguished prior to the interference. There was no evidence given to suggest Thefasterthebettor‘s chances were affected as it had finished behind the tiring Mister T.
Decision:
The protest was dismissed and authority for payment of dividends on the judge’s original placings was given.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: N Ydgren Stipendiary Stewart
Respondent: MIss N Chilcott driver horse 1 COPY MY PAST, Mr T MacFarlane driver horse 11 MISTER T, Mr A Butler Part owner COPY MY PAST
StipendSteward:
raceid: e66cdbaa3bc75d9cd39b40e00975eea2
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: 70c88ad64c79f8a319386671c22071f7
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/12/2010
meet_title: Cambridge - Te Awamutu HRC - 24 December 2010
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "138", "Total": "85.56", "kmprice": 85.560000000000002, "Approved": "on"}]
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: BScott
meet_pm2: none
name: Cambridge - Te Awamutu HRC