HR Waikato 25 October 2015 – R 5 (instigating a protest) – Chair, Mr A Dooley
ID: JCA13436
Meet Title:
Harness Racing Waikato - 25 October 2015
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2015/10/25
Race Number:
Race 5
Decision:
After taking into account all of the above factors the protests was upheld.
The amended placings were:
1st No. 2 HERE’S SHIFTY
2nd No. 7 MASTER OF ESCAPE
3rd No. 6 PURE CHRISTIAN
4th No. 5 SOLDIER
5th No. 4 RIO GRANDE
It was ordered that dividends and stakes be paid in accordance with the amended placings.
Facts:
Following the running of Race 5, Fairview an Information was filed Instigating a Protest pursuant to Rule 869 A (1)(2). The Informant, Mr Muirhead, alleged that RIO GRANDE placed 3rd by the Judge shifted in passing the 400 metres when not sufficiently clear of SOLDIER which broke, dropping back onto PURE CHRISTIAN which was checked and also broke.
The official margin between 3rd and 4th was 0.7 lengths.
The official margin between 3rd and 5th was 1.7 lengths.
Rule 869A (2) provides "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 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".
Judge's placings were:
1st No. 2 HERE’S SHIFTY
2nd No. 7 MASTER OF ESCAPE
3rd No. 4 RIO GRANDE
4th No. 6 PURE CHRISTIAN
5th No. 5 SOLDIER
Submissions for Decision:
Mr Muirhead demonstrated the incident by use of the available video footage. He identified that near the 400 metres RIO GRANDE was racing in a 2 and ½ wide position when his horse shifted in when not the required distance clear of SOLDIER. He showed that SOLDIER’S front legs were up inside RIO GRANDE at the time of the incident which resulted in that horse breaking and losing 2 to 3 lengths. He identified that SOLDIER dropped back onto PURE CHRISTIAN who was severely affected. He believed the incident had an effect on both horses and the protest should be upheld.
Mr McKendry said his horse was going all right and believed it would have finished closer.
In response to a question from the Committee, Mr McKendry acknowledged that he would have beaten RIO GRANDE if the interference had not occurred.
Mr Johnson submitted that his chances were affected and his horse ran on very well.
Mr Abernethy submitted that after viewing the films he would not be contesting the protest.
Reasons for Decision:
The Committee carefully considered all of the submissions presented. After reviewing the incident we established that RIO GRANDE did shift in near the 400 metres when not sufficiently clear. This resulted in SOLDIER being checked and losing approximately 3 lengths. Also checked was PURE CHRISTIAN who lost several lengths and made up a lot of ground in the home straight. It is significant that over the closing stages both PURE CHRISTIAN and SOLDIER were taking ground off RIO GRANDE.
After taking into account all the above factors the Committee is of the opinion that PURE CHRISTIAN and SOLDIER would have beaten RIO GRANDE had such interference not occurred.
We note Mr Abernethy the Trainer / Driver of RIO GRANDE did not contest the protest.
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: 3701c7625296a967e97e153133fef43e
informantnumber: A3680
horsename: RIO GRANDE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 27/10/2015
hearing_title: HR Waikato 25 October 2015 - R 5 (instigating a protest) - Chair, Mr A Dooley
charge:
facts:
Following the running of Race 5, Fairview an Information was filed Instigating a Protest pursuant to Rule 869 A (1)(2). The Informant, Mr Muirhead, alleged that RIO GRANDE placed 3rd by the Judge shifted in passing the 400 metres when not sufficiently clear of SOLDIER which broke, dropping back onto PURE CHRISTIAN which was checked and also broke.
The official margin between 3rd and 4th was 0.7 lengths.
The official margin between 3rd and 5th was 1.7 lengths.
Rule 869A (2) provides "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 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".
Judge's placings were:
1st No. 2 HERE’S SHIFTY
2nd No. 7 MASTER OF ESCAPE
3rd No. 4 RIO GRANDE
4th No. 6 PURE CHRISTIAN
5th No. 5 SOLDIER
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by use of the available video footage. He identified that near the 400 metres RIO GRANDE was racing in a 2 and ½ wide position when his horse shifted in when not the required distance clear of SOLDIER. He showed that SOLDIER’S front legs were up inside RIO GRANDE at the time of the incident which resulted in that horse breaking and losing 2 to 3 lengths. He identified that SOLDIER dropped back onto PURE CHRISTIAN who was severely affected. He believed the incident had an effect on both horses and the protest should be upheld.
Mr McKendry said his horse was going all right and believed it would have finished closer.
In response to a question from the Committee, Mr McKendry acknowledged that he would have beaten RIO GRANDE if the interference had not occurred.
Mr Johnson submitted that his chances were affected and his horse ran on very well.
Mr Abernethy submitted that after viewing the films he would not be contesting the protest.
reasonsfordecision:
The Committee carefully considered all of the submissions presented. After reviewing the incident we established that RIO GRANDE did shift in near the 400 metres when not sufficiently clear. This resulted in SOLDIER being checked and losing approximately 3 lengths. Also checked was PURE CHRISTIAN who lost several lengths and made up a lot of ground in the home straight. It is significant that over the closing stages both PURE CHRISTIAN and SOLDIER were taking ground off RIO GRANDE.
After taking into account all the above factors the Committee is of the opinion that PURE CHRISTIAN and SOLDIER would have beaten RIO GRANDE had such interference not occurred.
We note Mr Abernethy the Trainer / Driver of RIO GRANDE did not contest the protest.
Decision:
After taking into account all of the above factors the protests was upheld.
The amended placings were:
1st No. 2 HERE’S SHIFTY
2nd No. 7 MASTER OF ESCAPE
3rd No. 6 PURE CHRISTIAN
4th No. 5 SOLDIER
5th No. 4 RIO GRANDE
It was ordered that dividends and stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A (1)(2)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M McKendry - Driver of SOLDIER, Mr M Johnson - Driver of PURE CHRISTIAN
Respondent: Mr J Abernethy - Driver of RIO GRANDE
StipendSteward:
raceid: 985eb4a7a0c4944d9e8d086446994f5b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a9d09eb1aa4b815e602b9ed098f27b6a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/10/2015
meet_title: Harness Racing Waikato - 25 October 2015
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