Invercargill HRC 17 May 2014 – R 12 (instigating a protest)
ID: JCA17651
Meet Title:
Invercargill HRC - 17 May 2014
Meet Chair:
NSkelt
Meet Committee Member 1:
GHall
Race Date:
2014/05/17
Race Number:
R 12
Decision:
The protest was upheld and the official judge's placings now read:
1st Free Dreams
2nd Golden Gate
3rd Another Crusher
4th Sunvasion
5th Zhenya
It was ordered that the dividends and stakes be paid in accordance with the result.
Facts:
Following the running of Race 12 The Level One Restaurant and Bar Handicap Trot an information instigating a protest was filed by Stipendiary Steward Mr S Wallis alleging interference by the third horse placed by the judge Sunvasion (E Swain) to the fourth placed horse by the judge Another Crusher (B McLellan) over the concluding stages of the race.
The margin between third and fourth was a nose.
The judge’s placings in this race were as follows:
1st Free Dreams (14) B Barclay
2nd Golden Gate (9) J Ryan
3rd Sunvasion (3) E Swain
4th Another Crusher (15) B McLellan
5th Zhenya (2) M Williamson
The information reads as follows:
That horse number 3 of its driver placed third by the judge interfered with the chances of horse number 15 placed 4th by the judge.
Rule 869(8) provides as follows:
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 therof place any horse which:
(a) May have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) May have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses,-
Immediately after any horse which it may have gained an advantage or whose chances or progress may have been affected thereby.
The connections of Sunvasion were represented at this hearing by Mr E Swain the trainer and driver of Sunvasion. Mr B McLellan open horseman and driver of Another Crusher represented the connections of Another Crusher.
Submissions for Decision:
Mr S Wallis gave evidence and showed the relevant films of the alleged incident which occurred over the concluding stages of the race. He showed Sunvasion (E Swain) drifting outwards from the top of the straight, from one cart width to three cart widths eventually coming into contact with the back stay of the wheel of Another Crusher (B McLellan) approximately 60 metres from the winning post.
Mr Wallis stated that there was initially enough room for Another Crusher, but the outward movement from Sunvasion and the joining of stays resulted in Another Crusher losing his momentum.
Mr Wallis was also of the opinion Another Crusher was almost ahead of Sunvasion at the point of interference, and that Sunvasion was also tiring.
Mr McLellan the driver of Another Crusher stated that his horse had lost its momentum momentarily at the point of interference and that he was only a nose from third at the finish of the race.
Mr Swain (Sunvasion) said that it was his first race day drive of the horse, and its first time racing at Ascot Park. The horse had moved out under pressure, although he was not aware of this until viewing the video footage. Mr Swain was of the opinion that the interference of locking of the stays was only for a brief moment.
Reasons for Decision:
The committee was satisfied that Sunvasion had drifted outwards from the top of the straight, and had come into contact with Another Crusher which was running in a true line.
We were satisfied that Another Crusher’s momentum was halted and that Sunvasion was also tiring at the point of interference.
After taking all factors into consideration, including the official margin of a nose between 3rd and 4th the committee exercised its discretion and upheld the protest as it was satisfied that the interference suffered to Another Crusher affected that horse’s chances and progress to such an extent that it was appropriate to alter the judge’s placing.
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: ff1a6e0d4fd9304795d96318acad65e5
informantnumber: A1781
horsename: SUNVASION
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 16/05/2014
hearing_title: Invercargill HRC 17 May 2014 - R 12 (instigating a protest)
charge:
facts:
Following the running of Race 12 The Level One Restaurant and Bar Handicap Trot an information instigating a protest was filed by Stipendiary Steward Mr S Wallis alleging interference by the third horse placed by the judge Sunvasion (E Swain) to the fourth placed horse by the judge Another Crusher (B McLellan) over the concluding stages of the race.
The margin between third and fourth was a nose.
The judge’s placings in this race were as follows:
1st Free Dreams (14) B Barclay
2nd Golden Gate (9) J Ryan
3rd Sunvasion (3) E Swain
4th Another Crusher (15) B McLellan
5th Zhenya (2) M Williamson
The information reads as follows:
That horse number 3 of its driver placed third by the judge interfered with the chances of horse number 15 placed 4th by the judge.
Rule 869(8) provides as follows:
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 therof place any horse which:
(a) May have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) May have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses,-
Immediately after any horse which it may have gained an advantage or whose chances or progress may have been affected thereby.
The connections of Sunvasion were represented at this hearing by Mr E Swain the trainer and driver of Sunvasion. Mr B McLellan open horseman and driver of Another Crusher represented the connections of Another Crusher.
appealdecision:
isappeal:
submissionsfordecision:
Mr S Wallis gave evidence and showed the relevant films of the alleged incident which occurred over the concluding stages of the race. He showed Sunvasion (E Swain) drifting outwards from the top of the straight, from one cart width to three cart widths eventually coming into contact with the back stay of the wheel of Another Crusher (B McLellan) approximately 60 metres from the winning post.
Mr Wallis stated that there was initially enough room for Another Crusher, but the outward movement from Sunvasion and the joining of stays resulted in Another Crusher losing his momentum.
Mr Wallis was also of the opinion Another Crusher was almost ahead of Sunvasion at the point of interference, and that Sunvasion was also tiring.
Mr McLellan the driver of Another Crusher stated that his horse had lost its momentum momentarily at the point of interference and that he was only a nose from third at the finish of the race.
Mr Swain (Sunvasion) said that it was his first race day drive of the horse, and its first time racing at Ascot Park. The horse had moved out under pressure, although he was not aware of this until viewing the video footage. Mr Swain was of the opinion that the interference of locking of the stays was only for a brief moment.
reasonsfordecision:
The committee was satisfied that Sunvasion had drifted outwards from the top of the straight, and had come into contact with Another Crusher which was running in a true line.
We were satisfied that Another Crusher’s momentum was halted and that Sunvasion was also tiring at the point of interference.
After taking all factors into consideration, including the official margin of a nose between 3rd and 4th the committee exercised its discretion and upheld the protest as it was satisfied that the interference suffered to Another Crusher affected that horse’s chances and progress to such an extent that it was appropriate to alter the judge’s placing.
Decision:
The protest was upheld and the official judge's placings now read:
1st Free Dreams
2nd Golden Gate
3rd Another Crusher
4th Sunvasion
5th Zhenya
It was ordered that the dividends and stakes be paid in accordance with the result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr B McLellan - Driver of ANOTHER CRUSHER
Respondent: Mr E Swain - Driver of SUNVASION
StipendSteward:
raceid: 3c25a78029f43e1725dce4dbdf5fa275
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c84eb464d156aaf5c3066fa3bae05f60
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/05/2014
meet_title: Invercargill HRC - 17 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: GHall
meet_pm2: none
name: Invercargill HRC