Invercargill HRC 30 March 2014 – R 11 (instigating a protest)
ID: JCA15842
Meet Title:
Invercargill HRC - 30 March 2014
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2014/03/30
Race Number:
R11
Decision:
Placings are as they were called by the Judge. Dividends and stakes are to be paid accordingly.
Facts:
At the conclusion of Race 11, the Southport NZ MOBILE PACE, an information was lodged by Mr Allison, stipendiary steward, under 869(8)(b) alleging that SCOTLYNN JIGGS and DEANO ROBYN, which finished 1st and 2nd shifted ground over the final stages with MISSY MACH, which finished 5th, having to be restrained.
Judge’s placings were:
1ST 9 SCOTLYNN JIGGS
2ND 4 DEANO ROBYN
3RD 1 MUSIC
4TH 6 MACH OF THE MAN
5th 3 MISSY MACH
The official margin between 4th and 5th was ½ a head.
Submissions for Decision:
Mr Allison demonstrated on the head-on and side-on videos that in the run to the line DEANO ROBYN, which had lead in to the straight had initially shifted out before being straightened by Mr Hunter, and DEANO ROBYN, which had made a determined run down the outside of the track, had shifted in. The consequence was that MISSY MACH had become squeezed and had run out of room. He emphasised that Mr Cox had had to restrain his horse but this had occurred very close to the line. He confirmed the margin between 4th and 5th was half a head.
Mr Cox gave evidence that confirmed he had run out of room very close to the winning post. He said the inside horse had first run out and then the horse finishing down the outside, had run in. His horse had not contributed to the incident, however, it was anticipating the corner. He said although it was hard to say, he did not believe the actions of the first 2 horses had cost him 4th placing. He said it was very close to the line, his horse was only “whacking away” having being one out without the trail and that MACH OF THE MAN, which had finished 4th had finished far more quickly than his horse. He said his horse was flat out in the straight and was not making any ground on the first 2 horses. They had had his horse “well covered”. The horses that had run past MISSY MACH, had made up good ground in the straight.
Mr Orange stated he had never taken the line of MISSY MACH and if he had shifted in, it was “only an inch”. He pointed out that he and Mr Cox were wheel to wheel for a time and his wheel had not shifted in, or if it had, it was “very little”. He said Mr Cox was “flat” and in the particular circumstances was going nowhere.
Mr Hunter accepted that he had shifted out a little but had immediately corrected his horse. He emphasised it had raced straight over the final stages and, if anything, he believed his horse had shifted in slightly after he had straightened it.
Mr Allison in summing up said it was difficult to determine from the video angles the size of the gap that was presented to Mr Cox. There was definitely room for the head and legs of MISSY MACH to improve but probably not the cart. He agreed with Mr Cox that the gap had closed at a very late stage of the race and at a time when MISSY MACH was anticipating the bend.
Reasons for Decision:
We are satisfied that DEANO ROBYN has shifted out on the track briefly near the 100 metres mark. Significantly, Mr Hunter straightens the horse immediately and we are satisfied that it does not run out after this point. SCOTLYNN JIGGS, which was making a run down the outside does shift in. It is more than the “inch” that Mr Orange acknowledges. However, it is not a significant distance, but it is enough to reduce the width of the gap between that horse and DEANO ROBYN into which MISSY MACH was making her run.
In exercising our discretion and determining to dismiss the protest, we find that this inwards movement by SCOTLYNN JIGGS was very close to the winning post (approximately 10 metres from the line), that there was still a gap being presented for Mr Cox in which he could proceed with the head and legs of his horse. MISSY MACH had been well tried from a one out position and was as Mr Cox stated, merely “whacking away” at this time. The horse was also anticipating the bend, which is a further explanation for the horse not wanting to take a narrowing gap. MACH OF THE MAN, which finished 4th had finished over the top of MISSY MACH and we are satisfied that MISSY MACH had the opportunity to finish 4th had she been good enough.
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: da8f1e1647cad8a72a7320f29a727816
informantnumber: A1731
horsename: SCOTLYNN JIGGS and DEANO ROBYN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 29/03/2014
hearing_title: Invercargill HRC 30 March 2014 - R 11 (instigating a protest)
charge:
facts:
At the conclusion of Race 11, the Southport NZ MOBILE PACE, an information was lodged by Mr Allison, stipendiary steward, under 869(8)(b) alleging that SCOTLYNN JIGGS and DEANO ROBYN, which finished 1st and 2nd shifted ground over the final stages with MISSY MACH, which finished 5th, having to be restrained.
Judge’s placings were:
1ST 9 SCOTLYNN JIGGS
2ND 4 DEANO ROBYN
3RD 1 MUSIC
4TH 6 MACH OF THE MAN
5th 3 MISSY MACH
The official margin between 4th and 5th was ½ a head.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison demonstrated on the head-on and side-on videos that in the run to the line DEANO ROBYN, which had lead in to the straight had initially shifted out before being straightened by Mr Hunter, and DEANO ROBYN, which had made a determined run down the outside of the track, had shifted in. The consequence was that MISSY MACH had become squeezed and had run out of room. He emphasised that Mr Cox had had to restrain his horse but this had occurred very close to the line. He confirmed the margin between 4th and 5th was half a head.
Mr Cox gave evidence that confirmed he had run out of room very close to the winning post. He said the inside horse had first run out and then the horse finishing down the outside, had run in. His horse had not contributed to the incident, however, it was anticipating the corner. He said although it was hard to say, he did not believe the actions of the first 2 horses had cost him 4th placing. He said it was very close to the line, his horse was only “whacking away” having being one out without the trail and that MACH OF THE MAN, which had finished 4th had finished far more quickly than his horse. He said his horse was flat out in the straight and was not making any ground on the first 2 horses. They had had his horse “well covered”. The horses that had run past MISSY MACH, had made up good ground in the straight.
Mr Orange stated he had never taken the line of MISSY MACH and if he had shifted in, it was “only an inch”. He pointed out that he and Mr Cox were wheel to wheel for a time and his wheel had not shifted in, or if it had, it was “very little”. He said Mr Cox was “flat” and in the particular circumstances was going nowhere.
Mr Hunter accepted that he had shifted out a little but had immediately corrected his horse. He emphasised it had raced straight over the final stages and, if anything, he believed his horse had shifted in slightly after he had straightened it.
Mr Allison in summing up said it was difficult to determine from the video angles the size of the gap that was presented to Mr Cox. There was definitely room for the head and legs of MISSY MACH to improve but probably not the cart. He agreed with Mr Cox that the gap had closed at a very late stage of the race and at a time when MISSY MACH was anticipating the bend.
reasonsfordecision:
We are satisfied that DEANO ROBYN has shifted out on the track briefly near the 100 metres mark. Significantly, Mr Hunter straightens the horse immediately and we are satisfied that it does not run out after this point. SCOTLYNN JIGGS, which was making a run down the outside does shift in. It is more than the “inch” that Mr Orange acknowledges. However, it is not a significant distance, but it is enough to reduce the width of the gap between that horse and DEANO ROBYN into which MISSY MACH was making her run.
In exercising our discretion and determining to dismiss the protest, we find that this inwards movement by SCOTLYNN JIGGS was very close to the winning post (approximately 10 metres from the line), that there was still a gap being presented for Mr Cox in which he could proceed with the head and legs of his horse. MISSY MACH had been well tried from a one out position and was as Mr Cox stated, merely “whacking away” at this time. The horse was also anticipating the bend, which is a further explanation for the horse not wanting to take a narrowing gap. MACH OF THE MAN, which finished 4th had finished over the top of MISSY MACH and we are satisfied that MISSY MACH had the opportunity to finish 4th had she been good enough.
Decision:
Placings are as they were called by the Judge. Dividends and stakes are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(8), The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 1003 thereof place any horse which:, (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 from which it may have gained an advantage or whose chances or progress may have been affected thereby.
Informant: Mr C Allison, stipendiary steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr B Orange, Open Horseman, Driver of SCOTLYNN JIGGS, Mr H Hunter, Driver of DEANO ROBYN
StipendSteward:
raceid: 4e986c032131cfbd240e849fbfaad7a8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 278d6aeffac7780217a75342b251bbb4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2014
meet_title: Invercargill HRC - 30 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Invercargill HRC