Archive Decision

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Forbury Park TC 9 May 2014 – R 1 (instigating a protest)

ID: JCA17351

Applicant:
Mr C Allison, Stipendiary Steward

Respondent(s):
Mr D McCormick, Open Horseman

Information Number:
A1736

Hearing Type:
Protest

Rules:
869(8)

Meet Title:
Forbury Park TC - 9 May 2014

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2014/05/09

Race Number:
R1

Decision:

Amended placings are:

1ST 3 THANKSFOR STOPIN
2ND 5 ARI GOLD
3RD 4 THE SWEEDISH FILLY
4TH 9 HAZEL ALICE
5TH 1 BEYOND A JOKE

Stakes and dividends are to be paid accordingly.

Facts:

At the conclusion of Race 1, the Dunedin City Ford Trot, an information was lodged by Mr Allison under 870(4)(a) alleging QUEEN MARY, which was promoted to 4th, after an earlier protest, interfered with OCH AYE THE NOO (M Denton) passing the 500 metres causing that runner to break.

Amended placings after the 1st protest were:

1ST 3 THANKSFOR STOPIN
2ND 5 ARI GOLD
3RD 4 THE SWEEDISH FILLY
4TH 7 QUEEN MARY
5th 9 HAZEL ALICE

Rule 869(8) provides:

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which

(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.

Submissions for Decision:

Mr Allison demonstrated on the videos that Mr McCormick when approaching the end of the back straight progressed to the inside of OCH AYE THE NOO (M Denton). Mr Allison acknowledged that at this time the field was racing off the pylons and there was room into which Mr McCormick could progress. The problem was, he said, that the bend was looming and when the horses moved in on the bend, as they would naturally do, there was not going to be sufficient room for OCH AYE THE NOO. And this was what had occurred. Mr Denton was following Mr Norman, who was trailing the leader, and he was squeezed, ran out of room and eventually broke. He said there was nowhere for Mr Denton to go as there was a horse on his outside. He demonstrated that neither Mr Denton nor the horse on his outside, ZACHARY SMITH, had shifted down on the track to any marked degree, and were simply continuing to follow the horses in front who, together with the rest of the field, were shifting in on the bend. Mr Allison emphasised Mr McCormick had simply put himself in a position where he was going to interfere with the horse on his outside.

Mr McCormick stated he believed there was room and he was practically in the gap, if not fully in the gap, to the inside of Mr Denton when he entered the bend. He believed that the horse racing 2 wide should have shifted wider on the track to make room for himself and Mr Denton.

Reasons for Decision:

The Committee is satisfied that there was never going to be sufficient room for Mr Denton who was 3 back on the inside running line. Mr McCormick had progressed on Mr Denton’s inner and as the horses entered the bend Mr Denton was pushed out 2 wide when there was a horse (ZACHARY SMITH) already racing 2 wide on his outer. The result was that OCH AYE THE NOO came into contact with ZACHARY SMITH and galloped. OCH AYE THE NOO lost its chance in the race and finished at the rear of the field. In these circumstances, we exercise our discretion and relegate QUEEN MARY to behind OCH AYE THE NOO.

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: fcb5b25f88698d28f867cf63b79a994b


informantnumber: A1736


horsename: QUEEN MARY


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 06/05/2014


hearing_title: Forbury Park TC 9 May 2014 - R 1 (instigating a protest)


charge:


facts:

At the conclusion of Race 1, the Dunedin City Ford Trot, an information was lodged by Mr Allison under 870(4)(a) alleging QUEEN MARY, which was promoted to 4th, after an earlier protest, interfered with OCH AYE THE NOO (M Denton) passing the 500 metres causing that runner to break.

Amended placings after the 1st protest were:

1ST 3 THANKSFOR STOPIN
2ND 5 ARI GOLD
3RD 4 THE SWEEDISH FILLY
4TH 7 QUEEN MARY
5th 9 HAZEL ALICE

Rule 869(8) provides:

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which

(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.


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison demonstrated on the videos that Mr McCormick when approaching the end of the back straight progressed to the inside of OCH AYE THE NOO (M Denton). Mr Allison acknowledged that at this time the field was racing off the pylons and there was room into which Mr McCormick could progress. The problem was, he said, that the bend was looming and when the horses moved in on the bend, as they would naturally do, there was not going to be sufficient room for OCH AYE THE NOO. And this was what had occurred. Mr Denton was following Mr Norman, who was trailing the leader, and he was squeezed, ran out of room and eventually broke. He said there was nowhere for Mr Denton to go as there was a horse on his outside. He demonstrated that neither Mr Denton nor the horse on his outside, ZACHARY SMITH, had shifted down on the track to any marked degree, and were simply continuing to follow the horses in front who, together with the rest of the field, were shifting in on the bend. Mr Allison emphasised Mr McCormick had simply put himself in a position where he was going to interfere with the horse on his outside.

Mr McCormick stated he believed there was room and he was practically in the gap, if not fully in the gap, to the inside of Mr Denton when he entered the bend. He believed that the horse racing 2 wide should have shifted wider on the track to make room for himself and Mr Denton.


reasonsfordecision:

The Committee is satisfied that there was never going to be sufficient room for Mr Denton who was 3 back on the inside running line. Mr McCormick had progressed on Mr Denton’s inner and as the horses entered the bend Mr Denton was pushed out 2 wide when there was a horse (ZACHARY SMITH) already racing 2 wide on his outer. The result was that OCH AYE THE NOO came into contact with ZACHARY SMITH and galloped. OCH AYE THE NOO lost its chance in the race and finished at the rear of the field. In these circumstances, we exercise our discretion and relegate QUEEN MARY to behind OCH AYE THE NOO.


Decision:

Amended placings are:

1ST 3 THANKSFOR STOPIN
2ND 5 ARI GOLD
3RD 4 THE SWEEDISH FILLY
4TH 9 HAZEL ALICE
5TH 1 BEYOND A JOKE

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)


Informant: Mr C Allison, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr D McCormick, Open Horseman


StipendSteward:


raceid: ab81fe26eb4264ecfd2f78fea4c07495


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1b112ba631029617879b45feca1b34c1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/05/2014


meet_title: Forbury Park TC - 9 May 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Forbury Park TC