Archive Decision

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Franklin TC – 28 November 2008 – Race 1

ID: JCA19416

Hearing Type:
Old Hearing

Rules:
869.4

Hearing Type (Code):
harness-racing

Meet Title:
Franklin TC - 28 November 2008

Race Date:
2008/11/28

Race Number:
Race 1

Decision: --

Under rule 869 (4) and (8): An information instigating a Protest was filed by Stipendiary Steward Mr J Muirhead on behalf Mr I Brownlee, Trainer Driver of WHATAWEE BABE placed 10th against MILLY ME driven by Trainer Driver Mr T Herlihy placed 3rd , on the grounds of interference racing on the first bend.



--

Under rule 869 (4) and (8): An information instigating a Protest was filed by Stipendiary Steward Mr J Muirhead on behalf Mr I Brownlee, Trainer Driver of WHATAWEE BABE placed 10th against MILLY ME driven by Trainer Driver Mr T Herlihy placed 3rd , on the grounds of interference racing on the first bend.

--

Mr Brownlee represented the connections of WHATAWEE BABE and Mr Herlihy, trainer driver of MILLY ME represented the connections of that horse.

--

Mr Muirhead demonstrated the incident by use of video film. He said Mr Herlihy attempted to go to the trail, WHATAWEE BABE was racing in tight quarters, broke and lost considerable ground. He said there was maybe just enough room for Mr Herlihy to move inwards and also said there was possibly contact. Mr Brownlee said he kept trying to keep his position, saw Mr Herlihy move inwards, tried to take hold of his horse which raced greenly and broke. Mr Brownlee said his horse was wearing a rein bar and a pricker and in trying to keep away from that gear had not helped. He thought there was contact and for any other horse it wouldn't have been a problem. He thought it was alright for Mr Herlihy to move inwards and he would have done the same. Mr Herlihy said he thought there was a length and a half room for him to move inwards. There was no contact, WHATAWEE BABE over-reacted, was racing greenly and broke.

--

DECISIONS and REASONS:

--

The evidence in support of the protest is not strong.

--

Mr Muirhead thought there was enough room for Mr Herlihy to move inwards and so did Mr Brownlee.

--

There is evidence that WHATAWEE BABE over reacted when restrained and was racing greenly.

--

The evidence leaves me in a state of considerable doubt as to whether or not MILLY ME caused interference to WHATAWEE BABE. The Protest is therefore dismissed.

--

--

 

--

B Rowe

--

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: 4fae8662f11f1c31f55e939d034e98b0


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 28/11/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Franklin TC - 28 November 2008 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Under rule 869 (4) and (8): An information instigating a Protest was filed by Stipendiary Steward Mr J Muirhead on behalf Mr I Brownlee, Trainer Driver of WHATAWEE BABE placed 10th against MILLY ME driven by Trainer Driver Mr T Herlihy placed 3rd , on the grounds of interference racing on the first bend.



--

Under rule 869 (4) and (8): An information instigating a Protest was filed by Stipendiary Steward Mr J Muirhead on behalf Mr I Brownlee, Trainer Driver of WHATAWEE BABE placed 10th against MILLY ME driven by Trainer Driver Mr T Herlihy placed 3rd , on the grounds of interference racing on the first bend.

--

Mr Brownlee represented the connections of WHATAWEE BABE and Mr Herlihy, trainer driver of MILLY ME represented the connections of that horse.

--

Mr Muirhead demonstrated the incident by use of video film. He said Mr Herlihy attempted to go to the trail, WHATAWEE BABE was racing in tight quarters, broke and lost considerable ground. He said there was maybe just enough room for Mr Herlihy to move inwards and also said there was possibly contact. Mr Brownlee said he kept trying to keep his position, saw Mr Herlihy move inwards, tried to take hold of his horse which raced greenly and broke. Mr Brownlee said his horse was wearing a rein bar and a pricker and in trying to keep away from that gear had not helped. He thought there was contact and for any other horse it wouldn't have been a problem. He thought it was alright for Mr Herlihy to move inwards and he would have done the same. Mr Herlihy said he thought there was a length and a half room for him to move inwards. There was no contact, WHATAWEE BABE over-reacted, was racing greenly and broke.

--

DECISIONS and REASONS:

--

The evidence in support of the protest is not strong.

--

Mr Muirhead thought there was enough room for Mr Herlihy to move inwards and so did Mr Brownlee.

--

There is evidence that WHATAWEE BABE over reacted when restrained and was racing greenly.

--

The evidence leaves me in a state of considerable doubt as to whether or not MILLY ME caused interference to WHATAWEE BABE. The Protest is therefore dismissed.

--

--

 

--

B Rowe

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.4


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b30e3052846a2e009b471a9709a0d7c8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


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waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/11/2008


meet_title: Franklin TC - 28 November 2008


meet_expappcomment:


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meet_racingtype: harness-racing


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name: Franklin TC