HR Waikato 15 May 2014 – R 6 (instigating a protest)
ID: JCA13474
Meet Title:
Harness Racing Waikato - 15 May 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2014/05/15
Race Number:
R6
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the Judge's official placings.
Facts:
Following the running of Race 6, Waitomo Club Cambridge 3YO Trotting Stakes (Mobile) an information instigating a protest was filed by Stipendiary Steward Mr J Muirhead, against DJOKOVIC (Dr L Chin) placed first by the Judge, on the grounds that " DJOKOVIC started from 2 on the second line instead of one on the second line".
Dr Chin, the driver, trainer, and part-owner of DJOKOVIC was present at the hearing.
Rule 862 provides as follows:
(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).
The Judge's official placings were:
1st 9 Djokovic
2nd 2 K D Muscles
3rd 8 Sir George Grey
4th 4 Hanoverdakash
Submissions for Decision:
Mr Muirhead showed the head-on and side-on films of the start of the race, a mobile. He pointed out that DJOKOVIC was the only horse on the second line. His stablemate TERESKOVA had drawn one at the start, directly in front of DJOKOVIC. Mr Muirhead pointed out that both of these horses were not tractable leading up to the starting position, both were pulling and TERESKOVA was starting to drop back onto DJOKOVIC. He submitted that it was clear that Dr Chin was having difficulty restraining DJOKOVIC which moved outwards from its correct barrier position.TERESKOVA then went into a gallop and dropped back, which allowed DJOKOVIC to move inwards and obtain a position behind the leading horses.
Dr Chin stated that DJOKOVIC was a horse who pulled very hard and was often difficult to restrain. He added that he had attempted to straighten the horse by pulling its head around but that had caused it to lug out and continue to run out. He added that he had made every attempt to get the horse into its correct starting position, however the horse had fought him quite fiercely.
In conclusion Mr Muirhead submitted that in the Stewards' opinion DJOKOVIC had not gained an advantage as a result of not being in its corrrect starting position. He said that the Stewards allowed some leeway when there was only one horse on the second line at the start, and provided there was no advantage gained, would allow that horse to be 'on the wheel' of the horse in front of it, i.e. in a position behind the first and second horse on the front row. This could aid in evading a breaking horse. He added that the Committee may take into consideration the provisions of sub-clause (3) of the subject rule when considering any action to be taken as a result of this protest. This clause dealt with the exercise of discretion open to the Committee.
Dr Chin submitted that the horse DJOKOVIC had real ability but was not an easy horse to drive.
Reasons for Decision:
It was clear to the Committee from the films and verbal evidence that DJOKOVIC had not started from its correct barrier position.
Rule 862 (3) states:
"For the avoidance of doubt, disqualification under sub-rule(1) shall be mandatory, and disqualification under sub-rule (2) shall be discretionary".
Therefore in this matter the Committee's role was to determine if the horse had gained any advantage by not being in its correct position at the start. We accept Mr Muirhead's submissions that the Stewards sometimes allowed a sole horse on the second line to move outwards slightly at the start, and that the issue here was whether DJOKOVIC had gained any advantage in doing so. The Stewards submitted that in their opinion that had not been the case.
The Committee accept that the horse DJOKOVIC is difficult to drive, and do not believe that any advantage was gained by the horse being outside its correct position at the start. Accordingly we exercise the discretion open to us under sub-clause (3) of the relevant Rule.
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: 3bcfa3bd2a387cdfc49c9a68a1404812
informantnumber: A3983
horsename: Djokovic
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 16/05/2014
hearing_title: HR Waikato 15 May 2014 - R 6 (instigating a protest)
charge:
facts:
Following the running of Race 6, Waitomo Club Cambridge 3YO Trotting Stakes (Mobile) an information instigating a protest was filed by Stipendiary Steward Mr J Muirhead, against DJOKOVIC (Dr L Chin) placed first by the Judge, on the grounds that " DJOKOVIC started from 2 on the second line instead of one on the second line".
Dr Chin, the driver, trainer, and part-owner of DJOKOVIC was present at the hearing.
Rule 862 provides as follows:
(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).
The Judge's official placings were:
1st 9 Djokovic
2nd 2 K D Muscles
3rd 8 Sir George Grey
4th 4 Hanoverdakash
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead showed the head-on and side-on films of the start of the race, a mobile. He pointed out that DJOKOVIC was the only horse on the second line. His stablemate TERESKOVA had drawn one at the start, directly in front of DJOKOVIC. Mr Muirhead pointed out that both of these horses were not tractable leading up to the starting position, both were pulling and TERESKOVA was starting to drop back onto DJOKOVIC. He submitted that it was clear that Dr Chin was having difficulty restraining DJOKOVIC which moved outwards from its correct barrier position.TERESKOVA then went into a gallop and dropped back, which allowed DJOKOVIC to move inwards and obtain a position behind the leading horses.
Dr Chin stated that DJOKOVIC was a horse who pulled very hard and was often difficult to restrain. He added that he had attempted to straighten the horse by pulling its head around but that had caused it to lug out and continue to run out. He added that he had made every attempt to get the horse into its correct starting position, however the horse had fought him quite fiercely.
In conclusion Mr Muirhead submitted that in the Stewards' opinion DJOKOVIC had not gained an advantage as a result of not being in its corrrect starting position. He said that the Stewards allowed some leeway when there was only one horse on the second line at the start, and provided there was no advantage gained, would allow that horse to be 'on the wheel' of the horse in front of it, i.e. in a position behind the first and second horse on the front row. This could aid in evading a breaking horse. He added that the Committee may take into consideration the provisions of sub-clause (3) of the subject rule when considering any action to be taken as a result of this protest. This clause dealt with the exercise of discretion open to the Committee.
Dr Chin submitted that the horse DJOKOVIC had real ability but was not an easy horse to drive.
reasonsfordecision:
It was clear to the Committee from the films and verbal evidence that DJOKOVIC had not started from its correct barrier position.
Rule 862 (3) states:
"For the avoidance of doubt, disqualification under sub-rule(1) shall be mandatory, and disqualification under sub-rule (2) shall be discretionary".
Therefore in this matter the Committee's role was to determine if the horse had gained any advantage by not being in its correct position at the start. We accept Mr Muirhead's submissions that the Stewards sometimes allowed a sole horse on the second line to move outwards slightly at the start, and that the issue here was whether DJOKOVIC had gained any advantage in doing so. The Stewards submitted that in their opinion that had not been the case.
The Committee accept that the horse DJOKOVIC is difficult to drive, and do not believe that any advantage was gained by the horse being outside its correct position at the start. Accordingly we exercise the discretion open to us under sub-clause (3) of the relevant Rule.
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the Judge's official placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 862(2)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Dr L Chin-Open Horseman
StipendSteward:
raceid: c821db0f54c5cc2c2ccafd50aa636f22
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 633ee180fcf4f957d45d36f94fcdd535
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/05/2014
meet_title: Harness Racing Waikato - 15 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Harness Racing Waikato