Franklin TC 18 July 2014 – R 9 (instigating a protest)
ID: JCA13280
Meet Title:
Franklin TC - 18 July 2014
Meet Chair:
GJones
Meet Committee Member 1:
TDavies
Race Date:
2014/07/18
Race Number:
R9
Decision:
Protest dismissed. We order payment of stakes and dividends in accordance with the Judge's placings which we confirm as follows:
1st No 1 WESTBURN COURAGE
2nd No 8 MULLINGAR MAC
3rd No 5 BRYDON DELIGHT
4th No 9 GOLDEN DELIGHT
Facts:
This protest hearing arises from the running of race 9, the Riordan and West Mobile Pace 2200m. The protest was instigated by Stipendiary Steward Mr S Mulcay. The basis of the protest is that 4th placed GOLDEN DELIGHT allegedly caused interference to 9th placed TAKE THE HINT near the 50 metre mark.
The relevant rules relating to this protest include R 869(4) and (8) and the Home Straight Regulations.
Rules 869 (4) and (8) provide that:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and or any other horse or its progress.
(8) 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.
Home Straight Regulations (R7) provide:
Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
The provisional placings were:
1st No 1 WESTBURN COURAGE
2nd No 8 MULLINGAR MAC
3rd No 5 BRYDON DELIGHT
4th No 9 GOLDEN DELIGHT
Submissions for Decision:
Mr Mulcay advised the Judicial Committee (the “Committee”) that Stewards were seeking the relegation of 4th placed GOLDEN DELIGHT (P Butcher) for causing interference to TAKE The HINT (B Butcher) in the closing stages of the race. Stipendiary Steward Mr J Muirhead demonstrated the alleged incident using head, side and rear view video footage.
Mr Muirhead submitted that during the run to the finish GOLDEN DELIGHT shifted outward after racing 3 deep on the running line and tried to secure a run between MULLINGAR MAC (Z Butcher) and OUR SOUTHERN MAN (J Abernethy) who was weakening. He submitted that as a result Mr B Butcher restrained TAKE THE HINT who was racing on the outside of GOLDEN DELIGHT and ran out of racing room. He said this caused TAKE THE HINT to break.
Mr B Butcher submitted there was considerable movement from all the horses all the way up the straight. He said that his horse was hanging quite badly and he was unable to pull back when tightened and squeezed. He submitted that although his horse was checked and broke it ultimately made no difference to his chances.
Mr P Butcher submitted that MULLINGAR MAC ran out and then shifted inward, and at the same time OUR SOUTHERN MAN shifted inwards causing his drive to be tightened. He said that he was a “victim of circumstances”.
Mr P Ferguson, who was assisting Mr B Butcher, submitted that the rear view video footage of the incident clearly showed that both MULLINGAR MAC and OUR SOUTHERN MAN shifted in and out. He said the other two horses, GOLDEN DELIGHT and TAKE THE HINT, were affected by this movement and the footage supports the fact that neither of these horses changed ground.
In summing up Mr Mulcay conceded that there was some inward movement from OUR SOUTHERN MAN, but the Stewards do not accept that this had any bearing on the incident. He said that ultimately it was the movement of GOLDEN DELIGHT that caused the interference to TAKE THE HINT.
In summing up for the Respondent Mr Small submitted that there was too much going on between various horses to attribute all the blame on one horse or driver. He said both GOLDEN DELIGHT and TAKE THE HINT were going for the same gap and contact was made when MULLIGAR MAC shifted outwards.
Reasons for Decision:
In reaching its decision the Committee carefully considered the submissions lodged on behalf of the Informant and Respondent. The Committee also reviewed the video several times and concluded that the rear footage view provided the best angle for an assessment to be made of the incident. The Committee sought to satisfy two key issues. First, whether GOLDEN DELIGHT interfered with or impeded the chances of TAKE THE HINT and/or secondly whether GOLDEN DELIGHT gained an advantage as a direct result thereof.
It is the view of the Committee that GOLDEN DELIGHT was finishing the race off strongly and sought to take a gap between MULLIGAR MAC, who was challenging for the lead and OUR SOUTHERN MAN, who was on GOLDEN DELIGHT'S outer and was weakening after leading into the straight. TAKE THE HINT was racing on the outer of GOLDEN DELIGHT, but slightly behind. It appears that both were angling for the same gap, but it closed due to both MULINGAR MAC and OUR SOUTHERN MAN shifting ground concurrently, causing TAKE THE HINT to be restrained and severely checked as a result of contact.
The video footage is not absolutely clear that the contact was between GOLDEN DELIGHT and TAKE THE HINT as opposed to contact from OUR SOUTHERN MAN, although it appears most likely to be the case. The Committee was advised that Mr Abernethy, the driver of OUR SOUTHERN MAN had left the racecourse, and therefore his assessment of the incident could not be taken into account.
The Committee believes that TAKE THE HINT did break as a result of interference but is not satisfied to the requisite standard that GOLDEN DELIGHT or its driver Mr P Butcher were solely responsible. On that basis the protest is not upheld and placings stand.
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: 5be2166de5e3b86afd5e13c8a15cddf7
informantnumber: A3706
horsename: GOLDEN DELIGHT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 21/07/2014
hearing_title: Franklin TC 18 July 2014 - R 9 (instigating a protest)
charge:
facts:
This protest hearing arises from the running of race 9, the Riordan and West Mobile Pace 2200m. The protest was instigated by Stipendiary Steward Mr S Mulcay. The basis of the protest is that 4th placed GOLDEN DELIGHT allegedly caused interference to 9th placed TAKE THE HINT near the 50 metre mark.
The relevant rules relating to this protest include R 869(4) and (8) and the Home Straight Regulations.
Rules 869 (4) and (8) provide that:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and or any other horse or its progress.
(8) 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.
Home Straight Regulations (R7) provide:
Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
The provisional placings were:
1st No 1 WESTBURN COURAGE
2nd No 8 MULLINGAR MAC
3rd No 5 BRYDON DELIGHT
4th No 9 GOLDEN DELIGHT
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay advised the Judicial Committee (the “Committee”) that Stewards were seeking the relegation of 4th placed GOLDEN DELIGHT (P Butcher) for causing interference to TAKE The HINT (B Butcher) in the closing stages of the race. Stipendiary Steward Mr J Muirhead demonstrated the alleged incident using head, side and rear view video footage.
Mr Muirhead submitted that during the run to the finish GOLDEN DELIGHT shifted outward after racing 3 deep on the running line and tried to secure a run between MULLINGAR MAC (Z Butcher) and OUR SOUTHERN MAN (J Abernethy) who was weakening. He submitted that as a result Mr B Butcher restrained TAKE THE HINT who was racing on the outside of GOLDEN DELIGHT and ran out of racing room. He said this caused TAKE THE HINT to break.
Mr B Butcher submitted there was considerable movement from all the horses all the way up the straight. He said that his horse was hanging quite badly and he was unable to pull back when tightened and squeezed. He submitted that although his horse was checked and broke it ultimately made no difference to his chances.
Mr P Butcher submitted that MULLINGAR MAC ran out and then shifted inward, and at the same time OUR SOUTHERN MAN shifted inwards causing his drive to be tightened. He said that he was a “victim of circumstances”.
Mr P Ferguson, who was assisting Mr B Butcher, submitted that the rear view video footage of the incident clearly showed that both MULLINGAR MAC and OUR SOUTHERN MAN shifted in and out. He said the other two horses, GOLDEN DELIGHT and TAKE THE HINT, were affected by this movement and the footage supports the fact that neither of these horses changed ground.
In summing up Mr Mulcay conceded that there was some inward movement from OUR SOUTHERN MAN, but the Stewards do not accept that this had any bearing on the incident. He said that ultimately it was the movement of GOLDEN DELIGHT that caused the interference to TAKE THE HINT.
In summing up for the Respondent Mr Small submitted that there was too much going on between various horses to attribute all the blame on one horse or driver. He said both GOLDEN DELIGHT and TAKE THE HINT were going for the same gap and contact was made when MULLIGAR MAC shifted outwards.
reasonsfordecision:
In reaching its decision the Committee carefully considered the submissions lodged on behalf of the Informant and Respondent. The Committee also reviewed the video several times and concluded that the rear footage view provided the best angle for an assessment to be made of the incident. The Committee sought to satisfy two key issues. First, whether GOLDEN DELIGHT interfered with or impeded the chances of TAKE THE HINT and/or secondly whether GOLDEN DELIGHT gained an advantage as a direct result thereof.
It is the view of the Committee that GOLDEN DELIGHT was finishing the race off strongly and sought to take a gap between MULLIGAR MAC, who was challenging for the lead and OUR SOUTHERN MAN, who was on GOLDEN DELIGHT'S outer and was weakening after leading into the straight. TAKE THE HINT was racing on the outer of GOLDEN DELIGHT, but slightly behind. It appears that both were angling for the same gap, but it closed due to both MULINGAR MAC and OUR SOUTHERN MAN shifting ground concurrently, causing TAKE THE HINT to be restrained and severely checked as a result of contact.
The video footage is not absolutely clear that the contact was between GOLDEN DELIGHT and TAKE THE HINT as opposed to contact from OUR SOUTHERN MAN, although it appears most likely to be the case. The Committee was advised that Mr Abernethy, the driver of OUR SOUTHERN MAN had left the racecourse, and therefore his assessment of the incident could not be taken into account.
The Committee believes that TAKE THE HINT did break as a result of interference but is not satisfied to the requisite standard that GOLDEN DELIGHT or its driver Mr P Butcher were solely responsible. On that basis the protest is not upheld and placings stand.
Decision:
Protest dismissed. We order payment of stakes and dividends in accordance with the Judge's placings which we confirm as follows:
1st No 1 WESTBURN COURAGE
2nd No 8 MULLINGAR MAC
3rd No 5 BRYDON DELIGHT
4th No 9 GOLDEN DELIGHT
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4) and Home Straight Regulations
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr P Butcher - Driver of GOLDEN DELIGHT, Mr G Small - for the Respondent, Mr B Butcher - Driver of TAKE THE HINT, Mr P Ferguson - assisting Mr B Butcher
Respondent: Mr P Butcher - Driver of GOLDEN DELIGHT
StipendSteward:
raceid: c18f1aff194b82f214932a1385682a78
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5680dfd26a7caee7e0994171cd4cd247
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/07/2014
meet_title: Franklin TC - 18 July 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: TDavies
meet_pm2: none
name: Franklin TC