Franklin TC – 18 August 2006 – Race 7
ID: JCA18558
Hearing Type (Code):
harness-racing
Meet Title:
Franklin TC - 18 August 2006
Race Date:
2006/08/18
Race Number:
Race 7
Decision: --
Following Race 7 Stipendary Steward Mr JM Muirhead instigated a protest into the first placing of In the Mist alleging interference at the start of the race to Sherakin Star which finished last.
--
Following Race 7 Stipendary Steward Mr JM Muirhead instigated a protest into the first placing of In the Mist alleging interference at the start of the race to Sherakin Star which finished last.
----Mr Muirhead sought disqualification of In the Mist from the race.
----Mr SB Phillips (part Owner and Trainer) and Mr PC Ferguson (Driver) were present to represent the connections of In the Mist. The protest was based on the provisions of Rule 869 and paragraph 4 of that Rule is particularly relevant. That paragraph states as follows: "No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress."
----Evidence was given by Stipendary Steward Mr JM Muirhead and he stated that he witnessed the incident from the Stipendary Steward position opposite the winning post. There was sharp inward movement at the start from In the Mist and it ran across not only Sherakin Star but also Hippity Hop. In Mr Muirhead's view In the Mist had come right across the bow of Sherakin Star and had taken its line and as a result Mr Grayling had to take hold of his horse and it broke losing its chance and finished last. Mr Muirhead was firmly of the view that this was a clear case of interference.
----Mr Muirhead then demonstrated the incident by use of the video film.
----Mr AS Grayling the Driver of Sherakin Star then gave his evidence and he confirmed that In the Mist had run right across the front of his horse and had taken its line and that he had to take hold of his horse. Mr Grayling did suggest that he might not have been quite ready at the start although this is not born out by the film which showed that his horse paced away before it ran out of room and broke. Mr Grayling did believe that his chances had been affected and he did confirm that he had to take hold of his horse as a result of the movement across of In the Mist.
----Mr Ferguson giving his evidence acknowledged that his horse had run across in front of Sherakin Star but he tried to suggest that there was no contact between the two horses and that if there was no contact then interference could not occur.
----Mr Phillips suggested that notwithstanding that the incident had taken place that the best horse had won the race and he pointed to the Race Form and Barrier Manners of Sherakin Star.
----DECISION
----This Committee viewed the film quite a number of times and also had three different angles to view the start. After listening to the evidence and submissions the Committee finds that In the Mist ran straight across the front of Sherakin Star at the start in quite a pronounced movement. We find that Sherakin Star had initially paced away at the start but as a result of the movement of In the Mist it was pushed across and ran out of room because Hippity Hop was on the inside. We find that there was clear interference by In the Mist to Sherakin Star and we do not accept Mr Ferguson's suggestion that it is necessary to have contact before interference can occur.
----Having regard to the Rule and particularly paragraph 4 we find as follows:
--------A. In the Mist at the start ran right across not only Sherakin Star but also Hippity Hop and probably Thinga Me Bob.
----B. That Sherakin Star had paced away but was interfered with by In the Mist by it taking Sherakin Star's line.
----C. That contact is not an essential element for interference to occur.
----D. That interference by In the Mist to Sherakin Star did occur to such a degree as to satisfy the provisions of Rule 869.
----Having taken those matters into account as well as the evidence as a whole and the submissions made the Committee finds that the protest is upheld and In the Mist is accordingly disqualified from first position in the Jim and John Evans Limited Handicap Pace. The placings are accordingly amended to 8, 4, 6, 1, 5 and 7.
------
BJ Scott AJ Dooley
--Chairman
------
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: 07b0e3d737eec469f29d32c5b8ca8b47
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 18/08/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 18 August 2006 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following Race 7 Stipendary Steward Mr JM Muirhead instigated a protest into the first placing of In the Mist alleging interference at the start of the race to Sherakin Star which finished last.
--
Following Race 7 Stipendary Steward Mr JM Muirhead instigated a protest into the first placing of In the Mist alleging interference at the start of the race to Sherakin Star which finished last.
----Mr Muirhead sought disqualification of In the Mist from the race.
----Mr SB Phillips (part Owner and Trainer) and Mr PC Ferguson (Driver) were present to represent the connections of In the Mist. The protest was based on the provisions of Rule 869 and paragraph 4 of that Rule is particularly relevant. That paragraph states as follows: "No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress."
----Evidence was given by Stipendary Steward Mr JM Muirhead and he stated that he witnessed the incident from the Stipendary Steward position opposite the winning post. There was sharp inward movement at the start from In the Mist and it ran across not only Sherakin Star but also Hippity Hop. In Mr Muirhead's view In the Mist had come right across the bow of Sherakin Star and had taken its line and as a result Mr Grayling had to take hold of his horse and it broke losing its chance and finished last. Mr Muirhead was firmly of the view that this was a clear case of interference.
----Mr Muirhead then demonstrated the incident by use of the video film.
----Mr AS Grayling the Driver of Sherakin Star then gave his evidence and he confirmed that In the Mist had run right across the front of his horse and had taken its line and that he had to take hold of his horse. Mr Grayling did suggest that he might not have been quite ready at the start although this is not born out by the film which showed that his horse paced away before it ran out of room and broke. Mr Grayling did believe that his chances had been affected and he did confirm that he had to take hold of his horse as a result of the movement across of In the Mist.
----Mr Ferguson giving his evidence acknowledged that his horse had run across in front of Sherakin Star but he tried to suggest that there was no contact between the two horses and that if there was no contact then interference could not occur.
----Mr Phillips suggested that notwithstanding that the incident had taken place that the best horse had won the race and he pointed to the Race Form and Barrier Manners of Sherakin Star.
----DECISION
----This Committee viewed the film quite a number of times and also had three different angles to view the start. After listening to the evidence and submissions the Committee finds that In the Mist ran straight across the front of Sherakin Star at the start in quite a pronounced movement. We find that Sherakin Star had initially paced away at the start but as a result of the movement of In the Mist it was pushed across and ran out of room because Hippity Hop was on the inside. We find that there was clear interference by In the Mist to Sherakin Star and we do not accept Mr Ferguson's suggestion that it is necessary to have contact before interference can occur.
----Having regard to the Rule and particularly paragraph 4 we find as follows:
--------A. In the Mist at the start ran right across not only Sherakin Star but also Hippity Hop and probably Thinga Me Bob.
----B. That Sherakin Star had paced away but was interfered with by In the Mist by it taking Sherakin Star's line.
----C. That contact is not an essential element for interference to occur.
----D. That interference by In the Mist to Sherakin Star did occur to such a degree as to satisfy the provisions of Rule 869.
----Having taken those matters into account as well as the evidence as a whole and the submissions made the Committee finds that the protest is upheld and In the Mist is accordingly disqualified from first position in the Jim and John Evans Limited Handicap Pace. The placings are accordingly amended to 8, 4, 6, 1, 5 and 7.
------
BJ Scott AJ Dooley
--Chairman
------
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: abc8eb842cb6131c763e646ac30a0253
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
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meetdate: 18/08/2006
meet_title: Franklin TC - 18 August 2006
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tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
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name: Franklin TC