Invercargill HRC 8 June 2019 – R 2 (instigating a protest) – Chair, Prof G Hall
ID: JCA12238
Meet Title:
Invercargill HRC - 8 June 2019
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2019/06/08
Race Number:
R 2
Decision:
The wording of r 869(7B) is clear. If a horse gains an advantage through a wheel moving inside the track marker line the horse shall be disqualified from the race. This has clearly occurred. There has been no interference from Mr Milne. WOMAN IN CHARGE has gone inside two markers, with the legs of the horse hitting the pegs on one occasion. There is no discretion vested in the Committee. The horse has gained an advantage; it must be disqualified.
Amended placings are:
1st -6 -DEPEND ON WASHIE
2ND -9 -IT’S A LAUGH
3RD -12 -RAKAGEM
4TH -1 -IDEAL ASSET
5TH -15 -OPAL
Stakes and dividends are to be paid accordingly.
Facts:
Mr Renault alleged that horse number 2, WOMAN IN CHARGE, breached the provisions of r 869(7B) when Mr Hurrell moved inside the track marker line to obtain a run in the early stages of the run home in race 2, the THANK YOU KEITH HOTTON PACE 2200 metres.
Rule 869(7B) states: “Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.”
The Judge’s placings were:
1st -6 -DEPEND ON WASHIE
2ND -2 -WOMAN IN CHARGE
3RD -9 -IT’S A LAUGH
4TH -12 -RAKAGEM
5TH -1 -IDEAL ASSET
The official margins were: 1-1/4L, 2L, 1-1/4L.
Submissions for Decision:
Mr Renault demonstrated on the films that Mr Milne was in the trail as the field rounded the home bend. Mr Hurrell was 3 back on the markers and at the 150 metres he took a passing lane run to the inside of Mr Milne and, in so doing, he ran over two markers. He said the issue was whether Mr Hurrell had gained an advantage. The Stewards believed that he had. He had made up ground when he was not entitled to. Had Mr Hurrell not shifted down and gone over the markers he would have been blocked for a run by Mr Milne.
Mr Renault said as the driver of the trailing horse, the run in the passing lane was Mr Milne’s. Mr Hurrell had shifted down hoping to beat him to the passing lane.
Mr Milne gave evidence. He said he took the passing lane and was surprised when Mr Hurrell poked up on his inside. He said to himself, “Where’s he come from? Where’s he going?” He said he had had to pull his horse outwards when he saw Mr Hurrell was there to give him room. He thought that was what had given Mr Hurrell the opportunity to progress forward.
Mr Hurrell said Mr Milne was half a length off the back of the leading horse as they entered the home straight and as a consequence he thought there was a run for him in the passing lane. He said Mr Milne shifting down the track was an issue. If Mr Milne had not done so, there would have been a run for him.
Mr Swain said he believed that Mr Milne’s obligation under the Rules was to keep a straight line in the home straight.
Mr Renault replied that this was the obligation of the leading horse, and, as the second horse into the straight, IT’S A LAUGH was entitled to take the passing lane.
Reasons for Decision:
The passing lane run was Mr Milne’s. He was trailing the leading horse into the home straight. There is no obvious delay in Mr Milne shifting down to take the run once it became available. Mr Hurrell did not have a clear run at this time and he has anticipated that Mr Milne’s horse was not going well enough to take the passing lane and that that run would be his. This was not the case. Mr Milne shifted into the passing lane and, as a consequence, Mr Hurrell was forced to drive over two markers. He continued to progress forward and, in so doing, he gained an advantage through obtaining a run that he was not entitled to under the Rules. Had he remained within the parameters of the track he would have been forced to take hold of WOMAN IN CHARGE. He did not.
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: 447cff21c30fbe87070141c651d81ce3
informantnumber: A9818
horsename: WOMAN IN CHARGE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 12/06/2019
hearing_title: Invercargill HRC 8 June 2019 - R 2 (instigating a protest) - Chair, Prof G Hall
charge:
facts:
Mr Renault alleged that horse number 2, WOMAN IN CHARGE, breached the provisions of r 869(7B) when Mr Hurrell moved inside the track marker line to obtain a run in the early stages of the run home in race 2, the THANK YOU KEITH HOTTON PACE 2200 metres.
Rule 869(7B) states: “Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.”
The Judge’s placings were:
1st -6 -DEPEND ON WASHIE
2ND -2 -WOMAN IN CHARGE
3RD -9 -IT’S A LAUGH
4TH -12 -RAKAGEM
5TH -1 -IDEAL ASSET
The official margins were: 1-1/4L, 2L, 1-1/4L.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault demonstrated on the films that Mr Milne was in the trail as the field rounded the home bend. Mr Hurrell was 3 back on the markers and at the 150 metres he took a passing lane run to the inside of Mr Milne and, in so doing, he ran over two markers. He said the issue was whether Mr Hurrell had gained an advantage. The Stewards believed that he had. He had made up ground when he was not entitled to. Had Mr Hurrell not shifted down and gone over the markers he would have been blocked for a run by Mr Milne.
Mr Renault said as the driver of the trailing horse, the run in the passing lane was Mr Milne’s. Mr Hurrell had shifted down hoping to beat him to the passing lane.
Mr Milne gave evidence. He said he took the passing lane and was surprised when Mr Hurrell poked up on his inside. He said to himself, “Where’s he come from? Where’s he going?” He said he had had to pull his horse outwards when he saw Mr Hurrell was there to give him room. He thought that was what had given Mr Hurrell the opportunity to progress forward.
Mr Hurrell said Mr Milne was half a length off the back of the leading horse as they entered the home straight and as a consequence he thought there was a run for him in the passing lane. He said Mr Milne shifting down the track was an issue. If Mr Milne had not done so, there would have been a run for him.
Mr Swain said he believed that Mr Milne’s obligation under the Rules was to keep a straight line in the home straight.
Mr Renault replied that this was the obligation of the leading horse, and, as the second horse into the straight, IT’S A LAUGH was entitled to take the passing lane.
reasonsfordecision:
The passing lane run was Mr Milne’s. He was trailing the leading horse into the home straight. There is no obvious delay in Mr Milne shifting down to take the run once it became available. Mr Hurrell did not have a clear run at this time and he has anticipated that Mr Milne’s horse was not going well enough to take the passing lane and that that run would be his. This was not the case. Mr Milne shifted into the passing lane and, as a consequence, Mr Hurrell was forced to drive over two markers. He continued to progress forward and, in so doing, he gained an advantage through obtaining a run that he was not entitled to under the Rules. Had he remained within the parameters of the track he would have been forced to take hold of WOMAN IN CHARGE. He did not.
Decision:
The wording of r 869(7B) is clear. If a horse gains an advantage through a wheel moving inside the track marker line the horse shall be disqualified from the race. This has clearly occurred. There has been no interference from Mr Milne. WOMAN IN CHARGE has gone inside two markers, with the legs of the horse hitting the pegs on one occasion. There is no discretion vested in the Committee. The horse has gained an advantage; it must be disqualified.
Amended placings are:
1st -6 -DEPEND ON WASHIE
2ND -9 -IT’S A LAUGH
3RD -12 -RAKAGEM
4TH -1 -IDEAL ASSET
5TH -15 -OPAL
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7B)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Swain - Trainer of WOMAN IN CHARGE, Mr Milne - Driver of IT'S A LAUGH
Respondent: Mr M Hurrell - Junior Driver
StipendSteward:
raceid: 2247b5104f964e3fa1e35fe8daf1aa06
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c4a20cbe357513834dcc01c0ecec0cee
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/06/2019
meet_title: Invercargill HRC - 8 June 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Invercargill HRC