HR Waikato 6 August 2015 – R 6 (instigating a protest) Chair, Mr A Dooley
ID: JCA16960
Meet Title:
Harness Racing Waikato - 6 August 2015
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2015/08/06
Race Number:
R6
Decision:
The protest is upheld.
1st No. 6 SPARE CHANGE
2nd No. 7 THE MOONRAKER
3rd No. 10 MASTER OF ESCAPE
4th No. 2 COULD A DUNIT
5th No. 14 MURPHY BROWN
It was ordered that dividends and stakes be paid in accordance with the amended placings.
Facts:
Following the running of Race 6, Live Or Die At Nevele R Stud Mobile Pace, an Information was filed Instigating a Protest pursuant to Rule 869(4A). The Informant, Mr Mulcay, alleged that MURPHY BROWN placed 4th by the Judge interfered with the chances of COULD A DUNIT placed 5th by the Judge.
The interference was alleged to have occurred in the final straight.
The official margin between 4th and 5th was 0.6 lengths.
The protest was contested and their respective Drivers confirmed they were representing the connections of COULD A DUNIT and MURPHY BROWN.
Rule 869(4) provides: "No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
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. 6 SPARE CHANGE
2nd No. 7 THE MOONRAKER
3rd No. 10 MASTER OF ESCAPE
4th No. 14 MURPHY BROWN
5th No. 2 COULD A DUNIT
Submissions for Decision:
Mr Muirhead demonstrated the incident by use of the available video footage.
Mr Mulcay submitted that approaching the final 150 metres MURPHY BROWN shifted in sharply after her Driver Mr S Abernethy activated the removable deafeners. He said this resulted in MURPHY BROWN causing interference to COULD A DUNIT which had its progress impeded. He identified that COULD A DUNIT was taking ground off MURPHY BROWN in the final 100 metres. Mr Mulcay was of the view that had the interference not occurred COULD A DUNIT would have beaten MURPHY BROWN.
Mr J Abernethy submitted that COULD A DUNIT had its progress impeded and thought the interference cost him about half a length. He said that COULD A DUNIT was gaining ground on MURPHY BROWN after the interference.
Mr S Abernethy acknowledged that MURPHY BROWN caused interference to COULD A DUNIT. However, he believed there was some doubt that COULD A DUNIT would have beaten MURPHY BROWN.
Reasons for Decision:
The Committee carefully considered all of the submissions presented. After reviewing the incident we established that MURPHY BROWN did shift in sharply near the 150 metres. This resulted in COULD A DUNIT being checked and its Driver having to take a hold. The head – on film showed that COULD A DUNIT's head skied in the air as a result of the interference and its progress was impeded. We consider the interference cost COULD A DUNIT more than 1 length. It is significant that over the closing stages COULD A DUNIT was taking ground off MURPHY BROWN.
After taking into account all the above factors the Committee is of the opinion that COULD A DUNIT would have beaten MURPHY BROWN had such interference not occurred.
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: b8eb3612c061a04cb974af1b1e780add
informantnumber: A3677
horsename: MURPHY BROWN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/08/2015
hearing_title: HR Waikato 6 August 2015 - R 6 (instigating a protest) Chair, Mr A Dooley
charge:
facts:
Following the running of Race 6, Live Or Die At Nevele R Stud Mobile Pace, an Information was filed Instigating a Protest pursuant to Rule 869(4A). The Informant, Mr Mulcay, alleged that MURPHY BROWN placed 4th by the Judge interfered with the chances of COULD A DUNIT placed 5th by the Judge.
The interference was alleged to have occurred in the final straight.
The official margin between 4th and 5th was 0.6 lengths.
The protest was contested and their respective Drivers confirmed they were representing the connections of COULD A DUNIT and MURPHY BROWN.
Rule 869(4) provides: "No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
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. 6 SPARE CHANGE
2nd No. 7 THE MOONRAKER
3rd No. 10 MASTER OF ESCAPE
4th No. 14 MURPHY BROWN
5th No. 2 COULD A DUNIT
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by use of the available video footage.
Mr Mulcay submitted that approaching the final 150 metres MURPHY BROWN shifted in sharply after her Driver Mr S Abernethy activated the removable deafeners. He said this resulted in MURPHY BROWN causing interference to COULD A DUNIT which had its progress impeded. He identified that COULD A DUNIT was taking ground off MURPHY BROWN in the final 100 metres. Mr Mulcay was of the view that had the interference not occurred COULD A DUNIT would have beaten MURPHY BROWN.
Mr J Abernethy submitted that COULD A DUNIT had its progress impeded and thought the interference cost him about half a length. He said that COULD A DUNIT was gaining ground on MURPHY BROWN after the interference.
Mr S Abernethy acknowledged that MURPHY BROWN caused interference to COULD A DUNIT. However, he believed there was some doubt that COULD A DUNIT would have beaten MURPHY BROWN.
reasonsfordecision:
The Committee carefully considered all of the submissions presented. After reviewing the incident we established that MURPHY BROWN did shift in sharply near the 150 metres. This resulted in COULD A DUNIT being checked and its Driver having to take a hold. The head – on film showed that COULD A DUNIT's head skied in the air as a result of the interference and its progress was impeded. We consider the interference cost COULD A DUNIT more than 1 length. It is significant that over the closing stages COULD A DUNIT was taking ground off MURPHY BROWN.
After taking into account all the above factors the Committee is of the opinion that COULD A DUNIT would have beaten MURPHY BROWN had such interference not occurred.
Decision:
The protest is upheld.
1st No. 6 SPARE CHANGE
2nd No. 7 THE MOONRAKER
3rd No. 10 MASTER OF ESCAPE
4th No. 2 COULD A DUNIT
5th No. 14 MURPHY BROWN
It was ordered that dividends and stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4A) & 869A(2)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Stipendiary Steward, Mr J Abernethy - Driver of COULD A DUNIT
Respondent: Mr S Abernethy - Driver of MURPHY BROWN
StipendSteward:
raceid: 322e1af61e2152e81c824b32eecb61c3
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: 687fbd4ab9ed71e9777599776fbe6d96
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/08/2015
meet_title: Harness Racing Waikato - 6 August 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Harness Racing Waikato