HR Waikato 2 January 2015 – R 6 (instigating a protest 2)
ID: JCA14761
Meet Title:
Harness Racing Waikato - 2 January 2015
Meet Chair:
GJones
Meet Committee Member 1:
AGodsalve
Race Date:
2015/01/02
Race Number:
Race 6
Decision:
We disqualify FREESPIN from 2nd placing and order payment of stakes and dividends in accordance with the amended placings, which are as follows;
1st - No 4 SKIPPY RASCAL
2nd - No 9 LUCIA BROMAC
3rd - No 8 GLENLOCHAR
4th - No 1 STYX IT TO EM
Facts:
This is a contested protest arising from race 6, the Brogden Lodge Transport Mobile Pace. Mr Mulcay, Stipendiary Steward, alleged that 2nd placed FREESPIN’S sulky protruded inside the track marker line for more than 30 metres on the final bend.
Mr Phelan was present at the hearing and he confirmed that the protest was contested.
The provisional Judges places were:
1st - No 4 SKIPPY RASCAL
2nd - No 7 FREESPIN
3rd - No 9 LUCIA BROMAC
4th - No 8 GLENLOCHAR
5th - No 1 STYX IT TO EM
This is the second and unrelated protest arsing from this race. As a result of the first protest, the 4th and 5th placings were reversed.
Submissions for Decision:
Mr Mulcay demonstrated the incident via available video footage. He drew the Committee's attention to FREESPIN which was the lead horse into the final bend. He said that passing the 350 metres marker FREESPIN'S sulky wheel protruded inside the marker line for approximately 50 metres. He said this was clearly in breach of the relevant rule and submitted that FREESPIN gained an advantage. He added that Mr Phelan was in a difficult situation because FREESPIN was hanging inward, but did so free of interference of any other runner. Mr Mulcay said that Stewards were seeking the disqualification of FREESIN from its second placing.
Mr Phelan submitted that his horse was hanging in and he had no other option as the runner on his outer moved in to take up the available space when FREESPIN shifted in. He acknowledged that there had been no interference involved and that he had not been forced in to the marker line by any other runner or horseman.
Reasons for Decision:
R869 (7B) provides that:
Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race except where:
(a) it is established that the breach was caused by interference by another horse or
horseman; or
(b) it is established the horse did not gain any advantage from the breach in its finishing place or position.
The Committee is satisfied that FREESPIN did shift down into the marker line for at least 50 metres and in doing so did gain an advantage on other runners. This incident was not caused by any other runner or horseman. Accordingly the protest is upheld.
JCA Decision Fields (raw)
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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: 78ffb91c117689b793e5bead25f72e4e
informantnumber: A3661
horsename: FREESPIN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 29/12/2014
hearing_title: HR Waikato 2 January 2015 - R 6 (instigating a protest 2)
charge:
facts:
This is a contested protest arising from race 6, the Brogden Lodge Transport Mobile Pace. Mr Mulcay, Stipendiary Steward, alleged that 2nd placed FREESPIN’S sulky protruded inside the track marker line for more than 30 metres on the final bend.
Mr Phelan was present at the hearing and he confirmed that the protest was contested.
The provisional Judges places were:
1st - No 4 SKIPPY RASCAL
2nd - No 7 FREESPIN
3rd - No 9 LUCIA BROMAC
4th - No 8 GLENLOCHAR
5th - No 1 STYX IT TO EM
This is the second and unrelated protest arsing from this race. As a result of the first protest, the 4th and 5th placings were reversed.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay demonstrated the incident via available video footage. He drew the Committee's attention to FREESPIN which was the lead horse into the final bend. He said that passing the 350 metres marker FREESPIN'S sulky wheel protruded inside the marker line for approximately 50 metres. He said this was clearly in breach of the relevant rule and submitted that FREESPIN gained an advantage. He added that Mr Phelan was in a difficult situation because FREESPIN was hanging inward, but did so free of interference of any other runner. Mr Mulcay said that Stewards were seeking the disqualification of FREESIN from its second placing.
Mr Phelan submitted that his horse was hanging in and he had no other option as the runner on his outer moved in to take up the available space when FREESPIN shifted in. He acknowledged that there had been no interference involved and that he had not been forced in to the marker line by any other runner or horseman.
reasonsfordecision:
R869 (7B) provides that:
Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race except where:
(a) it is established that the breach was caused by interference by another horse or
horseman; or
(b) it is established the horse did not gain any advantage from the breach in its finishing place or position.
The Committee is satisfied that FREESPIN did shift down into the marker line for at least 50 metres and in doing so did gain an advantage on other runners. This incident was not caused by any other runner or horseman. Accordingly the protest is upheld.
Decision:
We disqualify FREESPIN from 2nd placing and order payment of stakes and dividends in accordance with the amended placings, which are as follows;
1st - No 4 SKIPPY RASCAL
2nd - No 9 LUCIA BROMAC
3rd - No 8 GLENLOCHAR
4th - No 1 STYX IT TO EM
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (7B)
Informant: Mr S Mulcay –Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Phelan - representing the connections of FREESPIN, Mr J Muirhead - Stipendiary Steward
Respondent: Mr S Phelan - Licensed Driver of FREESPIN
StipendSteward:
raceid: 6990ceb15f6487913ba88115da7d0c79
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bd34c1a13596fb8a63833838c0c9039e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/01/2015
meet_title: Harness Racing Waikato - 2 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato