Hawera HRC 30 March 2013 – R 6 (instigating a protest)
ID: JCA16555
Meet Title:
Hawera HRC - 30 March 2013
Meet Chair:
ISmith
Meet Committee Member 1:
PWilliams
Race Date:
2013/03/30
Race Number:
R 6
Decision:
The protest is dismissed and the Judge’s placings as originally called and shown below stand.
1st Distraction (4)
2nd Benji Maguire (12)
3rd Beckinsale (10)
4th Chequeme Rosie (5)
5th Shardons’s Pearl (9)
The committee orders all dividends and stakes to be paid.
Facts:
Following the running of Race 6 an Information instigating a Protest was lodged pursuant to Rule 862(2) by Stipendiary Steward Mr J Muirhead alleging Horse 5 (Chequeme Rosie. M McKendry) placed 4th by the judge started from the incorrect barrier of 5 on the front line.
The Judge's placings were:
1st Distraction (4)
2nd Benji Maguire (12)
3rd Beckinsale (10)
4th Chequeme Rosie (5)
5th Shardons’s Pearl (9)
Rule 862 (2) and 862 (3) state:-
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile or moving start), unless directed by the Starter in accordance with Rule 860 (8).
(3) For the avoidance of doubt, disqualification under sub-rule (1) shall be mandatory, and disqualification under sub-rule (2) shall be discretionary.
The Protest rule was read and confirmed and understood by all present.
Submissions for Decision:
Mr. Muirhead identified the respective drivers behind the mobile barrier. Mr. Muirhead stated with horse number 2 having been scratched the lineup should have been Mr Dickie in 1, Mr P Butcher in 2, Ms Donnelly in 3, Mr McKendry in 4 and Mr Z Butcher in 5. He said whilst the quality of the film was not great it could be seen that Mr Z Butcher was in position 4 on the inside of Mr McKendry when he should have been immediately on the outside of Mr McKendry. He further said that had Mr McKendry been in the correct position of 4 Mr Butcher would have not been able to get up on his inside.
Mr Z Butcher confirmed he did start from position 4 and Mr McKendry confirmed he was immediately to the outside of Mr Z Butcher.
Mr McKendry said he was always intended to be in barrier 5 as he did not realise horse number 2 had been scratched.
Mr Z Butcher said he knew there had been a scratching inside of him and he had just come in to position number 4 as there was no-one there and that’s where he thought he was supposed to be.
Mr Butcher and Mr McKendry both confirmed they were unaware they started in the wrong positions at the barrier until after the race, and that no-one had made any reference to their starting positions apart from the starter saying numbers 1 to 9 were on the front row and number 2 was scratched.
Mr Muirhead made reference to sub Rule 862 (3) and asked the committee to consider if, by starting from the incorrect barrier, Mr McKendry gained an advantage at the start. Using the films he said Mr McKendry could be seen pulling back immediately after the mobile pulled away. When questioned as to his intentions at the start Mr McKendry said he was always going to ease back and was not going to go with the gate. Mr Muirhead said Mr McKendry was placed 4th in the race and he would leave it to the Committee to decide if he had gained an advantage at the start.
Reasons for Decision:
The committee in reaching their decision has taken into account the submissions by all parties. The Committee notes Mr McKendry readily admitted he started the race from the wrong barrier position because he was unaware that horse number 2 had been scratched. After viewing the available films of the start, and the side on film in particular, the Committee is satisfied that at no stage did Mr McKendry gain an advantage from starting from position 4 instead of 5 noting that he did drop back immediately from the start.
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: c4ed2444e46255d8e190ac6531f284eb
informantnumber: A2501
horsename: CHEQUEME ROSIE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/04/2013
hearing_title: Hawera HRC 30 March 2013 - R 6 (instigating a protest)
charge:
facts:
Following the running of Race 6 an Information instigating a Protest was lodged pursuant to Rule 862(2) by Stipendiary Steward Mr J Muirhead alleging Horse 5 (Chequeme Rosie. M McKendry) placed 4th by the judge started from the incorrect barrier of 5 on the front line.
The Judge's placings were:
1st Distraction (4)
2nd Benji Maguire (12)
3rd Beckinsale (10)
4th Chequeme Rosie (5)
5th Shardons’s Pearl (9)
Rule 862 (2) and 862 (3) state:-
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile or moving start), unless directed by the Starter in accordance with Rule 860 (8).
(3) For the avoidance of doubt, disqualification under sub-rule (1) shall be mandatory, and disqualification under sub-rule (2) shall be discretionary.
The Protest rule was read and confirmed and understood by all present.
appealdecision:
isappeal:
submissionsfordecision:
Mr. Muirhead identified the respective drivers behind the mobile barrier. Mr. Muirhead stated with horse number 2 having been scratched the lineup should have been Mr Dickie in 1, Mr P Butcher in 2, Ms Donnelly in 3, Mr McKendry in 4 and Mr Z Butcher in 5. He said whilst the quality of the film was not great it could be seen that Mr Z Butcher was in position 4 on the inside of Mr McKendry when he should have been immediately on the outside of Mr McKendry. He further said that had Mr McKendry been in the correct position of 4 Mr Butcher would have not been able to get up on his inside.
Mr Z Butcher confirmed he did start from position 4 and Mr McKendry confirmed he was immediately to the outside of Mr Z Butcher.
Mr McKendry said he was always intended to be in barrier 5 as he did not realise horse number 2 had been scratched.
Mr Z Butcher said he knew there had been a scratching inside of him and he had just come in to position number 4 as there was no-one there and that’s where he thought he was supposed to be.
Mr Butcher and Mr McKendry both confirmed they were unaware they started in the wrong positions at the barrier until after the race, and that no-one had made any reference to their starting positions apart from the starter saying numbers 1 to 9 were on the front row and number 2 was scratched.
Mr Muirhead made reference to sub Rule 862 (3) and asked the committee to consider if, by starting from the incorrect barrier, Mr McKendry gained an advantage at the start. Using the films he said Mr McKendry could be seen pulling back immediately after the mobile pulled away. When questioned as to his intentions at the start Mr McKendry said he was always going to ease back and was not going to go with the gate. Mr Muirhead said Mr McKendry was placed 4th in the race and he would leave it to the Committee to decide if he had gained an advantage at the start.
reasonsfordecision:
The committee in reaching their decision has taken into account the submissions by all parties. The Committee notes Mr McKendry readily admitted he started the race from the wrong barrier position because he was unaware that horse number 2 had been scratched. After viewing the available films of the start, and the side on film in particular, the Committee is satisfied that at no stage did Mr McKendry gain an advantage from starting from position 4 instead of 5 noting that he did drop back immediately from the start.
Decision:
The protest is dismissed and the Judge’s placings as originally called and shown below stand.
1st Distraction (4)
2nd Benji Maguire (12)
3rd Beckinsale (10)
4th Chequeme Rosie (5)
5th Shardons’s Pearl (9)
The committee orders all dividends and stakes to be paid.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 862(2)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr Z Butcher - Junior Horseman and Driver of CHRISTIAN ACROPOLIS, Mr D Butcher - Open Horseman assisting Mr Z Butcher
Respondent: Mr M McKendry - Open Horseman
StipendSteward:
raceid: 9c0589d88d3e30861d5a105ea764dcbe
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: bdd2a3460d13813a4b8d2d9e1cf6b991
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2013
meet_title: Hawera HRC - 30 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawera-hrc
meet_racingtype: harness-racing
meet_chair: ISmith
meet_pm1: PWilliams
meet_pm2: none
name: Hawera HRC