Franklin Trotting Club 15 April 2011 – R1 (Instigating a Protest)
ID: JCA17996
Decision:
The protest is accordingly upheld and SACCHA MAGUIRE is disqualified from first place and from the race.
The amended result is now:
1st 6 – Anvils Delight
2nd 7 – El Suela
3rd 2 – The Magic
4th 1 – C’est La Vie
5th 8 – Abide With Me
6th 4 – Perfect Sensation
It was ordered that dividends and stakes be paid in accordance with the amended result.
Facts:
Following the running of Race 1 an Information Instigating a Protest was filed by Stipendiary Stewart Mr JM Muirhead against the first placing of SACCHA MAGUIRE (Driver MW McKendry) on the grounds of interference to JACUZZISUZZI (Driver FD Cooney) with approximately 950 metres to run. JACUZZISUZZI was pulled up.
Mr McKendry the Trainer and Driver of SACCHA MAGUIRE was present at the Hearing and advised the Committee that he was representing the connections of that horse. Mr McKendry was asked if the protest was contested and after consideration he said that he was contesting the protest.
Rule 869 provides:
“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.”
Submissions for Decision:
Mr Muirhead demonstrated the incident by use of the video films. The films showed that with approximately 950 metres to run SACCHA MAGUIRE was racing on the inside and on its outside was JACUZZISUZZI and outside that was ABIDE WITH ME (Driver KL Blakemore). Prior to this MILLWOOD MANHATTAN (Driver AG Herlihy) had been on the outside of SACCHA MAGUIRE and JACUZZISUZZI was following it. MILLWOOD MANHATTAN moved three wide and left a gap which JACUZZISUZZI attempted to follow into. Mr McKendry pulled SACCHA MAGUIRE out into that gap but in doing so JACUZZISUZZI was forced outwards and its front leg struck the inside sulky wheel of ABIDE WITH ME and JACUZZISUZZI broke and lost all chance.
Mr Cooney confirmed Mr Muirhead’s evidence and said that he only just touched the wheel of Miss Blakemore’s horse but he did confirm that he ran out of room and that contact was made. Mr Cooney also said that his horse was not racing kindly and running around. He did however confirm that he ran out of room and that was caused by the outward movement of Mr McKendry’s horse.
Miss Blakemore confirmed that the front legs of Mr Cooney’s horse came into contact with her inside wheel and Mr Cooney’s horse broke. Miss Blakemore was three wide at the time as was shown on the film.
Mr McKendry said that when Mr Herlihy moved there was plenty of room on his outside for him to move. He moved out into the gap left by Mr Herlihy and he did not believe that he had caused the interference to JACUZZISUZZI. Mr McKendry pointed to the room between his horse and JACUZZISUZZI and also pointed to the racing manners of JACUZZISUZZI. He believed that JACUZZISUZZI had just merely run out and run into the wheel of Miss Blakemore’s horse.
Mr Muirhead pointed to the fact that Mr Cooney on JACUZZISUZZI had run out of room because of the outward movement from Mr McKendry and that if he had not have moved out then the incident would not have happened.
Reasons for Decision:
The Committee has viewed the films several times and looked at all of the different angles that are available to us. The Committee also reviewed the evidence that had been presented. It was clear that the outward movement of Mr McKendry’s horse forced JACUZZISUZZI outwards and because ABIDE WITH ME was sitting three wide it was inevitable that contact would be made between JACUZZISUZZI and the sulky of ABIDE WITH ME. The Committee was satisfied that interference had taken place, that it was caused by SACCHA MAGUIRE and that any chances of JACUZZISUZZI were extinguished because as a result of the interference that horse had to be pulled up.
Decision Date: 14/04/2011
Publish Date: 14/04/2011
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: e0613116ab6ce0fcf63bbae07add432e
informantnumber: 13858
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/04/2011
hearing_title: Franklin Trotting Club 15 April 2011 - R1 (Instigating a Protest)
charge:
facts:
Following the running of Race 1 an Information Instigating a Protest was filed by Stipendiary Stewart Mr JM Muirhead against the first placing of SACCHA MAGUIRE (Driver MW McKendry) on the grounds of interference to JACUZZISUZZI (Driver FD Cooney) with approximately 950 metres to run. JACUZZISUZZI was pulled up.
Mr McKendry the Trainer and Driver of SACCHA MAGUIRE was present at the Hearing and advised the Committee that he was representing the connections of that horse. Mr McKendry was asked if the protest was contested and after consideration he said that he was contesting the protest.
Rule 869 provides:
“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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by use of the video films. The films showed that with approximately 950 metres to run SACCHA MAGUIRE was racing on the inside and on its outside was JACUZZISUZZI and outside that was ABIDE WITH ME (Driver KL Blakemore). Prior to this MILLWOOD MANHATTAN (Driver AG Herlihy) had been on the outside of SACCHA MAGUIRE and JACUZZISUZZI was following it. MILLWOOD MANHATTAN moved three wide and left a gap which JACUZZISUZZI attempted to follow into. Mr McKendry pulled SACCHA MAGUIRE out into that gap but in doing so JACUZZISUZZI was forced outwards and its front leg struck the inside sulky wheel of ABIDE WITH ME and JACUZZISUZZI broke and lost all chance.
Mr Cooney confirmed Mr Muirhead’s evidence and said that he only just touched the wheel of Miss Blakemore’s horse but he did confirm that he ran out of room and that contact was made. Mr Cooney also said that his horse was not racing kindly and running around. He did however confirm that he ran out of room and that was caused by the outward movement of Mr McKendry’s horse.
Miss Blakemore confirmed that the front legs of Mr Cooney’s horse came into contact with her inside wheel and Mr Cooney’s horse broke. Miss Blakemore was three wide at the time as was shown on the film.
Mr McKendry said that when Mr Herlihy moved there was plenty of room on his outside for him to move. He moved out into the gap left by Mr Herlihy and he did not believe that he had caused the interference to JACUZZISUZZI. Mr McKendry pointed to the room between his horse and JACUZZISUZZI and also pointed to the racing manners of JACUZZISUZZI. He believed that JACUZZISUZZI had just merely run out and run into the wheel of Miss Blakemore’s horse.
Mr Muirhead pointed to the fact that Mr Cooney on JACUZZISUZZI had run out of room because of the outward movement from Mr McKendry and that if he had not have moved out then the incident would not have happened.
reasonsfordecision:
The Committee has viewed the films several times and looked at all of the different angles that are available to us. The Committee also reviewed the evidence that had been presented. It was clear that the outward movement of Mr McKendry’s horse forced JACUZZISUZZI outwards and because ABIDE WITH ME was sitting three wide it was inevitable that contact would be made between JACUZZISUZZI and the sulky of ABIDE WITH ME. The Committee was satisfied that interference had taken place, that it was caused by SACCHA MAGUIRE and that any chances of JACUZZISUZZI were extinguished because as a result of the interference that horse had to be pulled up.
Decision:
The protest is accordingly upheld and SACCHA MAGUIRE is disqualified from first place and from the race.
The amended result is now:
1st 6 – Anvils Delight
2nd 7 – El Suela
3rd 2 – The Magic
4th 1 – C’est La Vie
5th 8 – Abide With Me
6th 4 – Perfect Sensation
It was ordered that dividends and stakes be paid in accordance with the amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr MW McKendry, Mr FD Cooney, Miss KL Blakemore
Respondent:
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