Archive Decision

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Gore HRC 24 August 2014 – R 6 (instigating a protest)

ID: JCA15979

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr J Cox - Driver of BETWEEN THE LINES

Information Number:
A6482

Hearing Type:
Protest

Rules:
869(8)(a/b)

Meet Title:
Gore HRC - 24 August 2014

Meet Chair:
NSkelt

Race Date:
2014/08/24

Race Number:
R 6

Decision:

The protest was upheld and BETWEEN THE LINES was relegated from third place to eighth place behind KING CYRIL and ATTACK MAC. The amended placings as follows:

1st TAIERI WINGS (2) A Armour
2nd LEO (1) N Williamson
3rd ATTACK MAC (10) S Walkinshaw
4th GO THE STAGS (9) K Barclay
5th SMILING ARMADA (12) H Hunter

It was ordered the dividends and stakes be paid in accordance with the amended result.

Facts:

Following the running of race 6 The Aon/Fiber Fresh Mobile Pace information A6482 instigating a protest was filed by Stipendiary Steward Mr S Renault alleging interference on the final bend when BETWEEN THE LINES (4) driven by J Cox who finished in third place and broke checking KING CYRIL (8) driven by B McLellan and ATTACK MAC (10) driven by S Walkinshaw who finished in fourth place.

The judge’s placings were as follows:

1st TAIERI WINGS (2) A Armour
2nd LEO (1) N Williamson
3rd BETWEEN THE LINES (4) J Cox
4th ATTACK MAC (10) S Walkinshaw
5th GO THE STAGS (9) K Barclay

Margins 1 ¼ lengths, ¾ length, ½ neck, long neck

The rule reads (869)(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.

Mr J Cox representing the connections of the horse BETWEEN THE LINES, endorsed the information and the protest was not contested. He also informed the Stewards that he did not wish to be present at the hearing.

Submissions for Decision:

Mr Renault gave evidence and showed the relevant films of the incident which occurred on the final bend into the home straight. Co-Chief Stipendiary Steward Mr N McIntyre who was assisting at the hearing pointed out BETWEEN THE LINES shifting out on the final bend onto KING CYRIL forcing the fourth placed horse ATTACK MAC wider on the track. KING CYRIL eventually finished in seventh placing.

Mr Renault submitted the Stewards were seeking relegation of BETWEEN THE LINES to behind KING CYRIL (eighth placing) and ATTACK MAC who finished in fourth place.

Reasons for Decision:

I carefully considered the evidence given and video coverage of the incident and I was satisfied that BETWEEN THE LINES had moved out and caused KING CYRIL to break, effectively losing its chance. The outward movement also forced ATTACK MAC wider on the track forcing it over extra ground. Taking into consideration all factors I was satisfied BETWEEN THE LINES had caused the interference and as a result the protest should be upheld.

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: aac4aa5a6a7153a73d2bead64f725986


informantnumber: A6482


horsename: BETWEEN THE LINES


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/08/2014


hearing_title: Gore HRC 24 August 2014 - R 6 (instigating a protest)


charge:


facts:

Following the running of race 6 The Aon/Fiber Fresh Mobile Pace information A6482 instigating a protest was filed by Stipendiary Steward Mr S Renault alleging interference on the final bend when BETWEEN THE LINES (4) driven by J Cox who finished in third place and broke checking KING CYRIL (8) driven by B McLellan and ATTACK MAC (10) driven by S Walkinshaw who finished in fourth place.

The judge’s placings were as follows:

1st TAIERI WINGS (2) A Armour
2nd LEO (1) N Williamson
3rd BETWEEN THE LINES (4) J Cox
4th ATTACK MAC (10) S Walkinshaw
5th GO THE STAGS (9) K Barclay

Margins 1 ¼ lengths, ¾ length, ½ neck, long neck

The rule reads (869)(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.

Mr J Cox representing the connections of the horse BETWEEN THE LINES, endorsed the information and the protest was not contested. He also informed the Stewards that he did not wish to be present at the hearing.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault gave evidence and showed the relevant films of the incident which occurred on the final bend into the home straight. Co-Chief Stipendiary Steward Mr N McIntyre who was assisting at the hearing pointed out BETWEEN THE LINES shifting out on the final bend onto KING CYRIL forcing the fourth placed horse ATTACK MAC wider on the track. KING CYRIL eventually finished in seventh placing.

Mr Renault submitted the Stewards were seeking relegation of BETWEEN THE LINES to behind KING CYRIL (eighth placing) and ATTACK MAC who finished in fourth place.


reasonsfordecision:

I carefully considered the evidence given and video coverage of the incident and I was satisfied that BETWEEN THE LINES had moved out and caused KING CYRIL to break, effectively losing its chance. The outward movement also forced ATTACK MAC wider on the track forcing it over extra ground. Taking into consideration all factors I was satisfied BETWEEN THE LINES had caused the interference and as a result the protest should be upheld.


Decision:

The protest was upheld and BETWEEN THE LINES was relegated from third place to eighth place behind KING CYRIL and ATTACK MAC. The amended placings as follows:

1st TAIERI WINGS (2) A Armour
2nd LEO (1) N Williamson
3rd ATTACK MAC (10) S Walkinshaw
4th GO THE STAGS (9) K Barclay
5th SMILING ARMADA (12) H Hunter

It was ordered the dividends and stakes be paid in accordance with the amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)(a/b)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr N McIntyre - Co-Chief Stipendiary Steward


Respondent: Mr J Cox - Driver of BETWEEN THE LINES


StipendSteward:


raceid: 4b232284da17ecd9fa92325e54fa26ee


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e095078eb4c4cc9970d92a19d82ccd4d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/08/2014


meet_title: Gore HRC - 24 August 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: none


meet_pm2: none


name: Gore HRC