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Cambridge – Te Awamutu HRC – 27 June 2013 – R 2 (instigating a protest)

ID: JCA16718

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr S Lawson - Junior Driver of HIGH SOCIETY GAL

Information Number:
A2499

Hearing Type:
Protest

Rules:
869(8)a,b.

Meet Title:
Cambridge HRC - 27 June 2013

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2013/06/27

Race Number:
R2

Decision:

Accordingly the protest is upheld and HIGH SOCIETY GAL is relegated from fourth to seventh place.

The amended placings are now:

1st No. 4 VOTE FOR ME
2nd No. 3 SILENCE IS GOLDEN
3rd No. 5 REAL FAITH
4th No. 7 MONETS DAUGHTER

In conclusion we order the payment of stakes and dividends in accordance with the amended placings.

Facts:

Following the running of Race 2, Race With The Chiefs Fillies/Mares Mobile Pace, an Information was filed Instigating a Protest pursuant to Rule 869 (8) a, b. The Informant, Mr Muirhead, alleged that passing the 750 metres HIGH SOCIETY GAL (S Lawson) shifted ground outwards resulting in checks to MONETS DAUGHTER, TINA BRYDON and SMOKEN BAD.

The Judge's placings were as follows:

1st No. 4 VOTE FOR ME
2nd No. 3 SILENCE IS GOLDEN
3rd No. 5 REAL FAITH
4th No. 1 HIGH SOCIETY GAL

Rule 869(8) states:

" 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.

Mr Lawson advised the Committee the Protest was contested. Mr Lawson acknowledged he understood the Rule.

Submissions for Decision:

Mr McIntyre demonstrated the incident by using the available video films. He pointed out to the Committee that approximately at the 750 metre mark Mr Lawson attempted to shift out when IDEAL PARTY was tiring quickly. He said this was a high risk manoeuvre which resulted in interference to his own horse HIGH SOCIETY GAL which in turn caused checks to MONETS DAUGHTER, TINA BRYDON and SMOKEN BAD.

Mr Muirhead submitted that although IDEAL PARTY was giving ground Mr Lawson was not entitled to shift out when he did. He said this manoeuvre caused his own horse to gallop and check 3 other runners. He believed that the Committee should consider relegating HIGH SOCIETY GAL.

Mr Mangos when asked for his submissions said he agreed with Mr Muirhead's interpretation of the incident.

Mr Butcher submitted SMOKEN BAD was not well gaited and had broken earlier in the race. However, he conceded that his horse was checked at the 750 metre mark although he believed it didn't affect his chances.

Mr Lawson submitted IDEAL PARTY who was racing directly in front of him stopped quickly at the 750 metres. He said he tried to come out around IDEAL PARTY but “she came back in his lap”.

Mr Muirhead and Mr Lawson when given the opportunity to sum up had nothing further to add.

Reasons for Decision:

The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that at the 750 metre mark HIGH SOCIETY GAL did attempt to shift out abruptly when IDEAL PARTY was stopping in front of her. However, when Mr Lawson did shift out he caused interference to his own horse and 3 others which had their progress affected.

The Committee is satisfied that interference had taken place and it was caused by HIGH SOCIETY GAL.

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: d82c3ed078723876d9f7cd6da729ff8f


informantnumber: A2499


horsename: HIGH SOCIETY GAL


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 24/06/2013


hearing_title: Cambridge - Te Awamutu HRC - 27 June 2013 - R 2 (instigating a protest)


charge:


facts:

Following the running of Race 2, Race With The Chiefs Fillies/Mares Mobile Pace, an Information was filed Instigating a Protest pursuant to Rule 869 (8) a, b. The Informant, Mr Muirhead, alleged that passing the 750 metres HIGH SOCIETY GAL (S Lawson) shifted ground outwards resulting in checks to MONETS DAUGHTER, TINA BRYDON and SMOKEN BAD.

The Judge's placings were as follows:

1st No. 4 VOTE FOR ME
2nd No. 3 SILENCE IS GOLDEN
3rd No. 5 REAL FAITH
4th No. 1 HIGH SOCIETY GAL

Rule 869(8) states:

" 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.

Mr Lawson advised the Committee the Protest was contested. Mr Lawson acknowledged he understood the Rule.


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre demonstrated the incident by using the available video films. He pointed out to the Committee that approximately at the 750 metre mark Mr Lawson attempted to shift out when IDEAL PARTY was tiring quickly. He said this was a high risk manoeuvre which resulted in interference to his own horse HIGH SOCIETY GAL which in turn caused checks to MONETS DAUGHTER, TINA BRYDON and SMOKEN BAD.

Mr Muirhead submitted that although IDEAL PARTY was giving ground Mr Lawson was not entitled to shift out when he did. He said this manoeuvre caused his own horse to gallop and check 3 other runners. He believed that the Committee should consider relegating HIGH SOCIETY GAL.

Mr Mangos when asked for his submissions said he agreed with Mr Muirhead's interpretation of the incident.

Mr Butcher submitted SMOKEN BAD was not well gaited and had broken earlier in the race. However, he conceded that his horse was checked at the 750 metre mark although he believed it didn't affect his chances.

Mr Lawson submitted IDEAL PARTY who was racing directly in front of him stopped quickly at the 750 metres. He said he tried to come out around IDEAL PARTY but “she came back in his lap”.

Mr Muirhead and Mr Lawson when given the opportunity to sum up had nothing further to add.


reasonsfordecision:

The Committee carefully considered all evidence and submissions presented and reviewed the video films several times. We established that at the 750 metre mark HIGH SOCIETY GAL did attempt to shift out abruptly when IDEAL PARTY was stopping in front of her. However, when Mr Lawson did shift out he caused interference to his own horse and 3 others which had their progress affected.

The Committee is satisfied that interference had taken place and it was caused by HIGH SOCIETY GAL.


Decision:

Accordingly the protest is upheld and HIGH SOCIETY GAL is relegated from fourth to seventh place.

The amended placings are now:

1st No. 4 VOTE FOR ME
2nd No. 3 SILENCE IS GOLDEN
3rd No. 5 REAL FAITH
4th No. 7 MONETS DAUGHTER

In conclusion we order the payment of stakes and dividends in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)a,b.


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr N McIntyre - Co-Chief Stipendiary Steward, Mr B Mangos - Driver of MONETS DAUGHTER, Mr Z Butcher - Driver of SMOKEN BAD


Respondent: Mr S Lawson - Junior Driver of HIGH SOCIETY GAL


StipendSteward:


raceid: 308d5edd80f9fd257805137e3a74d46f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 35a340cdf67739b8e1cb7ce90125995d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/06/2013


meet_title: Cambridge HRC - 27 June 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-hrc


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Cambridge HRC