HR Waikato 16 November 2014 – R 3 (instigating a protest)
ID: JCA12325
Meet Title:
Harness Racing Waikato - 16 November 2014
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2014/11/16
Race Number:
R3
Decision:
Accordingly, the protest is upheld and MISSDEBONAIR is disqualified from the race.
The amended placings:
1st A CHANCE TO DREAM
2nd ZENCARA
3rd JEANIE POPS
4th BRANDY
It was ordered that dividends and stakes be paid in accordance with the amended placings.
Facts:
Following the running of race 3, NRN Evolve Fillies & Mares Mobile Pace, an Information instigating a protest was filed pursuant to Rule 869(4A). The Informant, Mr Mulcay, alleged that MISSDEBONAIR galloped passing the winning post the first time and shifted inwards checking A CHANCE TO DREAM which also broke with various trailing runners receiving interference.
Mr Mulcay read the Rules aloud and advised the hearing the Stewards were seeking the disqualification of MISS DEBONAIR pursuant to Rule 1003(2).
All parties present acknowledged they understood the Rules.
The protest was contested.
Rule 869(4A) No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
Rule 1003(2) Every horse which commits a breach of any rule shall be liable for the following penalties,
(a) to be disqualified or scratched from any race.
Judge's placings were:
1st A CHANCE TO DREAM
2nd MISSDEBONAIR
3rd ZENCARA
4th JEANIE POPS
5th BRANDY
Submissions for Decision:
Mr Muirhead demonstrated on the head on video film that racing into the first bend shortly after the start MISSDEBONAIR paced roughly and broke coming back onto a number of runners. He pointed out Mr Phelan driving SANATANA JEWEL having to take evasive action when taken down inside the marker pegs. He added that SMART BY DESIGN broke shortly afterwards when Mr Mangos was forced to take a hold of his drive which also impeded the progress of LIVING BY CHANCE.
Mr Abernethy was of the opinion that he did not cause any interference to the runners identified by the Stewards. He believed those runners broke after his drive had an early gallop.
Mr Pyers had nothing further to add.
Mr Mulcay in summing up said the runners identified by the Stewards were racing free of any interference until MISSDEBONAIR went off stride near the winning post. He added this caused a chain reaction of interference to several runners in the field.
Mr Abernethy in summing up had nothing further to add.
Reasons for Decision:
The Committee carefully considered the submissions presented and reviewed the available video footage of the alleged interference. We established that MISSDEBONAIR broke free of any interference when racing in the lead. This resulted in several runners having their progress interfered with. Noticeably SANATANA JEWEL and SMART BY DESIGN broke when their respective drivers took evasive action as a result of MISSDEBONAIR galloping ahead of them. Therefore we are satisfied MISSDEBONAIR has breached the respective Rules.
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: 4ecffa05f20abbdc7a265d300a521fa0
informantnumber: A3717
horsename: MISSDEBONAIR
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/11/2014
hearing_title: HR Waikato 16 November 2014 - R 3 (instigating a protest)
charge:
facts:
Following the running of race 3, NRN Evolve Fillies & Mares Mobile Pace, an Information instigating a protest was filed pursuant to Rule 869(4A). The Informant, Mr Mulcay, alleged that MISSDEBONAIR galloped passing the winning post the first time and shifted inwards checking A CHANCE TO DREAM which also broke with various trailing runners receiving interference.
Mr Mulcay read the Rules aloud and advised the hearing the Stewards were seeking the disqualification of MISS DEBONAIR pursuant to Rule 1003(2).
All parties present acknowledged they understood the Rules.
The protest was contested.
Rule 869(4A) No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
Rule 1003(2) Every horse which commits a breach of any rule shall be liable for the following penalties,
(a) to be disqualified or scratched from any race.
Judge's placings were:
1st A CHANCE TO DREAM
2nd MISSDEBONAIR
3rd ZENCARA
4th JEANIE POPS
5th BRANDY
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated on the head on video film that racing into the first bend shortly after the start MISSDEBONAIR paced roughly and broke coming back onto a number of runners. He pointed out Mr Phelan driving SANATANA JEWEL having to take evasive action when taken down inside the marker pegs. He added that SMART BY DESIGN broke shortly afterwards when Mr Mangos was forced to take a hold of his drive which also impeded the progress of LIVING BY CHANCE.
Mr Abernethy was of the opinion that he did not cause any interference to the runners identified by the Stewards. He believed those runners broke after his drive had an early gallop.
Mr Pyers had nothing further to add.
Mr Mulcay in summing up said the runners identified by the Stewards were racing free of any interference until MISSDEBONAIR went off stride near the winning post. He added this caused a chain reaction of interference to several runners in the field.
Mr Abernethy in summing up had nothing further to add.
reasonsfordecision:
The Committee carefully considered the submissions presented and reviewed the available video footage of the alleged interference. We established that MISSDEBONAIR broke free of any interference when racing in the lead. This resulted in several runners having their progress interfered with. Noticeably SANATANA JEWEL and SMART BY DESIGN broke when their respective drivers took evasive action as a result of MISSDEBONAIR galloping ahead of them. Therefore we are satisfied MISSDEBONAIR has breached the respective Rules.
Decision:
Accordingly, the protest is upheld and MISSDEBONAIR is disqualified from the race.
The amended placings:
1st A CHANCE TO DREAM
2nd ZENCARA
3rd JEANIE POPS
4th BRANDY
It was ordered that dividends and stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4A) & 1003(2)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Stipendiary Steward, Mr S Abernethy - Driver of MISSDEBONAIR
Respondent: Mr L Pyers - Trainer of MISSDEBONAIR
StipendSteward:
raceid: a29efce610e441f1de5c9fc4947f08b3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 076ac8094776eddc1bffec7672a0a4dd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/11/2014
meet_title: Harness Racing Waikato - 16 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato