Cambridge-Te Awamutu HRC 29 December 2011 – R 7 (instigating a protest)
ID: JCA12392
Meet Title:
Cambridge - Te Awamutu HRC - 29 December 2011
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2011/12/29
Race Number:
R7
Decision:
The Protest is therefore dismissed.
It was ordered that Dividends and Stakes be paid in accordance with the official result.
Facts:
Following the running of Race 7 an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 3rd placing of horse number 9, MIRACLE MACH, on the grounds of moving into the Passing Lane shortly after the start and therefore being in breach of the Passing Lane regulations.
Clause 3 of the Passing Lane regulations provIdes " except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position. Any horse which does so may be disqualified, or relegated under Rule 869(8) and the horseman shall be in breach of Rule 869(3)(f) "
Mr Muirhead demonstrated the incident by use of the video films and they showed MIRACLE MACH following BONNIE MAGUIRE in the straight shortly after the start. BONNIE MAGUIRE broke and ran out and MIRACLE MACH had to move on the inside of it and in doing so it ran into the Passing Lane and remained there. Mr Muirhead contended that Mr Butcher had improved his horse on the inside of BONNIE MAGUIRE and therefore was in breach of the Passing Lane regulations.
Mr Ferguson said that he had chased his horse up and it galloped and ran out. He said that Mr Butcher had to take evasive action to miss him. He did not think Mr Butcher had an option to pull back and go around his horse. He said that if Mr Butcher had restrained his horse and remained behind Mr Ferguson's horse when it was in a gallop then he put himself and his horse at risk.
Mr Z Butcher confirmed that he was following BONNIE MAGUIRE and when that horse broke he had to take evasive action. The only option available to him was on the inside of BONNIE MAGUIRE and he ended up in the Passing Lane and from there he could not move out because he always had horses outside him.
Mr D Butcher said that from his viewing of the films Mr Z Butcher had to take evasive action and it would have been very risky to stay in behind BONNIE MAGUIRE when that horse was in a gallop.
Submissions for Decision:
Mr Muirhead said in summary that the films showed that Mr Butcher had driven his horse into the Passing Lane and although Mr Ferguson's horse had broken it did run out and there was room for Mr Butcher to go on its inside but still stay out of the Passing Lane.
Mr Butcher said that he took evasive action as a consequence of BONNIE MAGUIRE breaking and that he did not have any other options and once in the Passing Lane it was not possible for him to move out.
Reasons for Decision:
The Committee has reviewed the films several times and has also considered the evidence presented to it. Mr Butcher was in a situation where he had a horse gallop in front of him and it then moved out. Mr Butcher did not have many options at that stage other than to move inside BONNIE MAGUIRE. We accept that it was for safety reasons that Mr Butcher did so. Once he had done so it was not possible for him to move out of the Passing Lane because of the horses outside him.
Mr Butcher has in our view taken evasive action and as such did not purposely attempt to pass any other horse or improve his position.
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: 57404f6e9e90bffedb071d6ddc08f647
informantnumber: 13857
horsename: MIRACLE MACH
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/12/2011
hearing_title: Cambridge-Te Awamutu HRC 29 December 2011 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7 an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 3rd placing of horse number 9, MIRACLE MACH, on the grounds of moving into the Passing Lane shortly after the start and therefore being in breach of the Passing Lane regulations.
Clause 3 of the Passing Lane regulations provIdes " except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position. Any horse which does so may be disqualified, or relegated under Rule 869(8) and the horseman shall be in breach of Rule 869(3)(f) "
Mr Muirhead demonstrated the incident by use of the video films and they showed MIRACLE MACH following BONNIE MAGUIRE in the straight shortly after the start. BONNIE MAGUIRE broke and ran out and MIRACLE MACH had to move on the inside of it and in doing so it ran into the Passing Lane and remained there. Mr Muirhead contended that Mr Butcher had improved his horse on the inside of BONNIE MAGUIRE and therefore was in breach of the Passing Lane regulations.
Mr Ferguson said that he had chased his horse up and it galloped and ran out. He said that Mr Butcher had to take evasive action to miss him. He did not think Mr Butcher had an option to pull back and go around his horse. He said that if Mr Butcher had restrained his horse and remained behind Mr Ferguson's horse when it was in a gallop then he put himself and his horse at risk.
Mr Z Butcher confirmed that he was following BONNIE MAGUIRE and when that horse broke he had to take evasive action. The only option available to him was on the inside of BONNIE MAGUIRE and he ended up in the Passing Lane and from there he could not move out because he always had horses outside him.
Mr D Butcher said that from his viewing of the films Mr Z Butcher had to take evasive action and it would have been very risky to stay in behind BONNIE MAGUIRE when that horse was in a gallop.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said in summary that the films showed that Mr Butcher had driven his horse into the Passing Lane and although Mr Ferguson's horse had broken it did run out and there was room for Mr Butcher to go on its inside but still stay out of the Passing Lane.
Mr Butcher said that he took evasive action as a consequence of BONNIE MAGUIRE breaking and that he did not have any other options and once in the Passing Lane it was not possible for him to move out.
reasonsfordecision:
The Committee has reviewed the films several times and has also considered the evidence presented to it. Mr Butcher was in a situation where he had a horse gallop in front of him and it then moved out. Mr Butcher did not have many options at that stage other than to move inside BONNIE MAGUIRE. We accept that it was for safety reasons that Mr Butcher did so. Once he had done so it was not possible for him to move out of the Passing Lane because of the horses outside him.
Mr Butcher has in our view taken evasive action and as such did not purposely attempt to pass any other horse or improve his position.
Decision:
The Protest is therefore dismissed.
It was ordered that Dividends and Stakes be paid in accordance with the official result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Passing Lane Regulations and Rules 869(8) and 869(3)(f)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr Z Butcher - Driver of MIRACLE MACH, Mr P Ferguson - Driver of BONNIE MAGUIRE, Mr D Buthcer - Assisting Mr Z Butcher
Respondent:
StipendSteward:
raceid: ce9ae1adc660082db8fb5eb5fd3de396
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 203e09b319cf0b47f93d49836f1828be
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2011
meet_title: Cambridge - Te Awamutu HRC - 29 December 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Cambridge - Te Awamutu HRC