Archive Decision

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Gore HRC 11 March 2012 – R 10 (instigating a protest)

ID: JCA16025

Applicant:
Mr C J Allison (Stipendiary Steward)

Respondent(s):
Mr B D McLellan (Senior Horseman)

Information Number:
A5986

Hearing Type:
Protest

Rules:
869(4)& 6(b)(c)

Meet Title:
Gore HRC - 11 March 2012

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2012/03/11

Race Number:
Race 10

Decision:

The Committee was satisfied that a clear breach of the rules had occurred and as a result the charge was found proved and the protest was upheld.

The official judges placings now read:

1st - Eleanor Roosevelt

2nd - Lively Hero

3rd - Arancia

4th - Hitthegroundrunning

5th - Poacher

Facts:

At the conclusion of race 10 the Caduceus Club of Southland 4YO Stakes Mobile Pace a protest was lodged by Stipendiary Steward Mr C J Allison into the second placed horse by the judge Poacher (B D McLellan) alleging that with approximately 1300 metres to run Poacher shifted ground outwards forcing Hitthegroundrunning (S P Walkinshaw) over extra ground.

The official judges placings read:

1st - Eleanor Roosevelt (R Holmes)

2nd - Poacher (B D McLellan)

3rd - Lively Hero (M Williamson)

4th - Arancia (B Barclay)

5th - Hitthegroundrunning (S Walkinshaw)

Submissions for Decision:

Mr Allison (Stipendiary Steward) showed the Committee several video clips of the alleged incident highlighting in his opinion Mr McLellan pushing out and forcing Hitthegroundrunning (S P Walkinshaw) over extra ground at the 1300 metre mark.

Mr Allison asked Mr Walkinshaw (Hitthegroundrunning) if he believed that he had been forced over extra ground.

Mr Walkinshaw stated that he had been pushed four wide as he progressed forward to sit in the parked position.

Mr Walkinshaw stated that his horse had to do a lot of extra work and if he had not been pushed over extra ground he may have got the run that Poacher (B D McLellan) had received.

Mr McLellan disputed Mr Walkinshaw's statement stating that the video clips looked much worse than what happened in reality and they exaggerated any pushing out or moving out.

Mr McLellan also stated that he moved out at the same time as Mr Walkinshaw had begun his move so the incident was just a timing matter.

Mr Baynes (Trainer of Poacher) believed that Poacher was already out before Hitthegroundrunning had progressed forward and this was clearly seen by the back view video clip.

Reasons for Decision:

The Committee viewed the video clips on the alleged incident several times and was of the opinion that Mr McLellan had made an error of judgement in momentarily moving outwards after Mr Walkinshaw had begun progressing forward with his horse Hitthegroundrunning.

It was also clear that Hitthegroundrunning had been forced over extra ground at this point and had also as a result of this had to do alot of extra work in the running to secure his position.

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: b02daa6a4ba924ee0144069572641ef6


informantnumber: A5986


horsename: POACHER


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 12/03/2012


hearing_title: Gore HRC 11 March 2012 - R 10 (instigating a protest)


charge:


facts:

At the conclusion of race 10 the Caduceus Club of Southland 4YO Stakes Mobile Pace a protest was lodged by Stipendiary Steward Mr C J Allison into the second placed horse by the judge Poacher (B D McLellan) alleging that with approximately 1300 metres to run Poacher shifted ground outwards forcing Hitthegroundrunning (S P Walkinshaw) over extra ground.

The official judges placings read:

1st - Eleanor Roosevelt (R Holmes)

2nd - Poacher (B D McLellan)

3rd - Lively Hero (M Williamson)

4th - Arancia (B Barclay)

5th - Hitthegroundrunning (S Walkinshaw)


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison (Stipendiary Steward) showed the Committee several video clips of the alleged incident highlighting in his opinion Mr McLellan pushing out and forcing Hitthegroundrunning (S P Walkinshaw) over extra ground at the 1300 metre mark.

Mr Allison asked Mr Walkinshaw (Hitthegroundrunning) if he believed that he had been forced over extra ground.

Mr Walkinshaw stated that he had been pushed four wide as he progressed forward to sit in the parked position.

Mr Walkinshaw stated that his horse had to do a lot of extra work and if he had not been pushed over extra ground he may have got the run that Poacher (B D McLellan) had received.

Mr McLellan disputed Mr Walkinshaw's statement stating that the video clips looked much worse than what happened in reality and they exaggerated any pushing out or moving out.

Mr McLellan also stated that he moved out at the same time as Mr Walkinshaw had begun his move so the incident was just a timing matter.

Mr Baynes (Trainer of Poacher) believed that Poacher was already out before Hitthegroundrunning had progressed forward and this was clearly seen by the back view video clip.


reasonsfordecision:

The Committee viewed the video clips on the alleged incident several times and was of the opinion that Mr McLellan had made an error of judgement in momentarily moving outwards after Mr Walkinshaw had begun progressing forward with his horse Hitthegroundrunning.

It was also clear that Hitthegroundrunning had been forced over extra ground at this point and had also as a result of this had to do alot of extra work in the running to secure his position.


Decision:

The Committee was satisfied that a clear breach of the rules had occurred and as a result the charge was found proved and the protest was upheld.

The official judges placings now read:

1st - Eleanor Roosevelt

2nd - Lively Hero

3rd - Arancia

4th - Hitthegroundrunning

5th - Poacher


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(4)& 6(b)(c)


Informant: Mr C J Allison (Stipendiary Steward)


JockeysandTrainer:


Otherperson:


PersonPresent: Mr M Davidson (Stipendiary Steward), Mr B Jones (Trainee Stipendiary Steward), Mr D Baynes (Trainer of Poacher), Mr S P Walkinshaw (Driver of Hitthegroundrunning), Mr South (Syndicate Manager of Poacher), Mr Wallis (Stipendiary Steward)


Respondent: Mr B D McLellan (Senior Horseman)


StipendSteward:


raceid: 1b6709d962dc6c008254019bc879a79a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 105bfe585577cdea0c129214f6ad8056


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/03/2012


meet_title: Gore HRC - 11 March 2012


meet_expappcomment:


meet_km: [{"Comment": [], "kmprice": 89.280000000000001, "MemberID": "NSkelt", "Member": "", "KMs": "144", "OtherExpenses": "0", "Total": 89.280000000000001, "MemberRole": "Chair ", "Approved": []}]


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Gore HRC