HR Waikato 18 December 2014 – R 1 (instigating a protest)
ID: JCA15507
Meet Title:
Harness Racing Waikato - 18 December 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2014/12/18
Race Number:
R3
Decision:
Accordingly the protest is upheld and CELTIC WARRIOR is relegated from 4th to 5th place.
The amended placings are:
1st LUCIA BROMAC
2nd LUCKY JOHN
3rd DEBS PAL
4th LISA'S LAWYER
5th CELTIC WARRIOR
We order the payment of stakemoney and dividends in accordance with the amended placings.
Facts:
Following the running of Race 1, the DUNSTAN NUTRITION AMATEUR DRIVERS MOBILE PACE, an Information instigating a protest against the 4th horse, CELTIC WARRIOR driven by Mr T Thorby was lodged. The allegation by Stipendiary Steward Mr S Mulcay was that the horse had moved into the passing lane and impeded the chances of LISA'S LAWYER, driven by Mr J Kriechenbaumer, which finished 5th.
Mr Thorby was present at the hearing and indicated that he contested the protest.
Rule 869A(2) states : 'When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with".
This Rule was read out at the hearing and Mr Thorby acknowledged that he understood it.
The Judge's placings were:
1st LUCIA BROMAC
2nd LUCKY JOHN
3rd DEBS PAL
4th CELTIC WARRIOR
5th LISA'S LAWYER
Submissions for Decision:
Mr Mulcay referred to the available side on, and head on video films to identify the horses involved in this protest. He pointed out that CELTIC WARRIOR was the leading horse in the running line early in the run home. He then referred to the Passing Lane Regulations and told the hearing that the lead horse was required to maintain as straight a course as possible in the run home, and, the full length of the passing lane was required to be available to the trailing horse. LISA'S LAWYER driven by Mr Kriechbaumer was the horse in the trail early in the run home. Mr Mulcay pointed out that Mr Thorby had allowed CELTIC WARRIOR to shift in onto LISA'S LAWYER which was hence interfered with and not able to take advantage of the passing lane. He pointed out that in the Stewards' opinion LISA'S LAWYER was not given an opportunity to beat CELTIC WARRIOR as a result. Mr Mulcay also pointed out that the horse DEBS PAL driven by Mr Vince had run off the track as it rounded the home turn which then presented a run for CELTIC WARRIOR. He also stated that part-way down the home straight DEBS PAL had moved back in towards CELTIC WARRIOR but added that at no time did he dictate the line of CELTIC WARRIOR onto LISA'S LAWYER.
Mr Mulcay then called Mr J Kriechbaumer as a witness.
Mr Kriechbaumer confirmed that he drove the horse LISA'S LAWYER in this race. He said that as the field was coming up the home straight he was behind the leading horse - CELTIC WARRIOR - which then started to move inwards onto him. He said he had called out 'get out, get out' to the driver of that horse, however it caused him to restrain his horse and start pulling it back. He said that as a result his horse was not fully tested in the home straight, that it had been travelling 'good' and would have beaten CELTIC WARRIOR.
Mr Thorby had no questions of Mr Kriechbaumer.
In commencing his submissions Mr Thorby told the hearing that he was of the understanding that he was the 'trailing' horse in the run home and therefore entitled to the passing lane. He added that in any event he did not think LISA'S LAWYER would have beaten him home regardless. Mr Thorby indicated to the hearing that he wished to call Mr T Vince as a witness.
Mr Vince confirmed that he drove the horse DEBS PAL in this race. In reply to a question from Mr Thorby he said that his horse had 'hung out' coming around the home bend but did not agree that he had run down onto CELTIC WARRIOR. Mr Vince was adamant that there was room for CELTIC WARRIOR to get through even though he had moved in slightly further up the straight and had got quite close to that horse's wheel. He added that there had not been any contact and that CELTIC WARRIOR had actually followed him down the track a little. Mr Vince added that his viewing of the films confirmed that there had not been enough room for LISA'S LAWYER to get past CELTIC WARRIOR in the home straight.
In Summary Mr Mulcay told the Committee that LISA'S LAWYER was entitled to full access to the passing lane for the full length of that lane, and that any impact DEBS PAL may have had in the race had taken place after the interference caused by CELTIC WARRIOR to LISA'S LAWYER.
Reasons for Decision:
The Committee took careful note of all submissions from the parties. We also viewed the films independantly and established the following:
(a) CELTIC WARRIOR had failed to maintain a straight course from the beginning of the home straight to the finish as required.
(b) In doing so, he denied the trailing horse LISA'S LAWYER full access to the passing lane as it was entitled to under the Passing Lane Regulations.
(c) CELTIC WARRIOR interfered with the chances of LISA'S LAWYER in the home straight.
(d) We believe LISA'S LAWYER would have finished ahead of CELTIC WARRIOR if given an unencumbered run through the home straight.
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: 9c6257f89f19896910d8f3eae8affcf5
informantnumber: A3655
horsename: CELTIC WARRIOR
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 13/12/2014
hearing_title: HR Waikato 18 December 2014 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, the DUNSTAN NUTRITION AMATEUR DRIVERS MOBILE PACE, an Information instigating a protest against the 4th horse, CELTIC WARRIOR driven by Mr T Thorby was lodged. The allegation by Stipendiary Steward Mr S Mulcay was that the horse had moved into the passing lane and impeded the chances of LISA'S LAWYER, driven by Mr J Kriechenbaumer, which finished 5th.
Mr Thorby was present at the hearing and indicated that he contested the protest.
Rule 869A(2) states : 'When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with".
This Rule was read out at the hearing and Mr Thorby acknowledged that he understood it.
The Judge's placings were:
1st LUCIA BROMAC
2nd LUCKY JOHN
3rd DEBS PAL
4th CELTIC WARRIOR
5th LISA'S LAWYER
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay referred to the available side on, and head on video films to identify the horses involved in this protest. He pointed out that CELTIC WARRIOR was the leading horse in the running line early in the run home. He then referred to the Passing Lane Regulations and told the hearing that the lead horse was required to maintain as straight a course as possible in the run home, and, the full length of the passing lane was required to be available to the trailing horse. LISA'S LAWYER driven by Mr Kriechbaumer was the horse in the trail early in the run home. Mr Mulcay pointed out that Mr Thorby had allowed CELTIC WARRIOR to shift in onto LISA'S LAWYER which was hence interfered with and not able to take advantage of the passing lane. He pointed out that in the Stewards' opinion LISA'S LAWYER was not given an opportunity to beat CELTIC WARRIOR as a result. Mr Mulcay also pointed out that the horse DEBS PAL driven by Mr Vince had run off the track as it rounded the home turn which then presented a run for CELTIC WARRIOR. He also stated that part-way down the home straight DEBS PAL had moved back in towards CELTIC WARRIOR but added that at no time did he dictate the line of CELTIC WARRIOR onto LISA'S LAWYER.
Mr Mulcay then called Mr J Kriechbaumer as a witness.
Mr Kriechbaumer confirmed that he drove the horse LISA'S LAWYER in this race. He said that as the field was coming up the home straight he was behind the leading horse - CELTIC WARRIOR - which then started to move inwards onto him. He said he had called out 'get out, get out' to the driver of that horse, however it caused him to restrain his horse and start pulling it back. He said that as a result his horse was not fully tested in the home straight, that it had been travelling 'good' and would have beaten CELTIC WARRIOR.
Mr Thorby had no questions of Mr Kriechbaumer.
In commencing his submissions Mr Thorby told the hearing that he was of the understanding that he was the 'trailing' horse in the run home and therefore entitled to the passing lane. He added that in any event he did not think LISA'S LAWYER would have beaten him home regardless. Mr Thorby indicated to the hearing that he wished to call Mr T Vince as a witness.
Mr Vince confirmed that he drove the horse DEBS PAL in this race. In reply to a question from Mr Thorby he said that his horse had 'hung out' coming around the home bend but did not agree that he had run down onto CELTIC WARRIOR. Mr Vince was adamant that there was room for CELTIC WARRIOR to get through even though he had moved in slightly further up the straight and had got quite close to that horse's wheel. He added that there had not been any contact and that CELTIC WARRIOR had actually followed him down the track a little. Mr Vince added that his viewing of the films confirmed that there had not been enough room for LISA'S LAWYER to get past CELTIC WARRIOR in the home straight.
In Summary Mr Mulcay told the Committee that LISA'S LAWYER was entitled to full access to the passing lane for the full length of that lane, and that any impact DEBS PAL may have had in the race had taken place after the interference caused by CELTIC WARRIOR to LISA'S LAWYER.
reasonsfordecision:
The Committee took careful note of all submissions from the parties. We also viewed the films independantly and established the following:
(a) CELTIC WARRIOR had failed to maintain a straight course from the beginning of the home straight to the finish as required.
(b) In doing so, he denied the trailing horse LISA'S LAWYER full access to the passing lane as it was entitled to under the Passing Lane Regulations.
(c) CELTIC WARRIOR interfered with the chances of LISA'S LAWYER in the home straight.
(d) We believe LISA'S LAWYER would have finished ahead of CELTIC WARRIOR if given an unencumbered run through the home straight.
Decision:
Accordingly the protest is upheld and CELTIC WARRIOR is relegated from 4th to 5th place.
The amended placings are:
1st LUCIA BROMAC
2nd LUCKY JOHN
3rd DEBS PAL
4th LISA'S LAWYER
5th CELTIC WARRIOR
We order the payment of stakemoney and dividends in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869A(2)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr T Vince, Amateur Horseman, driver of DEBS PAL, Mr J Kriechbaumer, Amateur Horseman-driver of LISA'S LAWYER
Respondent: Mr T Thorby, Amateur Horseman, driver of CELTIC WARRIOR
StipendSteward:
raceid: e00d47dfde2fed952af444ed62a1d1e0
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: 91fc068af73cadaddd5b96a0c9f91712
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/12/2014
meet_title: Harness Racing Waikato - 18 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato