Kaikoura TC 31 October 2011- R 7 (instigating a protest)
ID: JCA16977
Meet Title:
Kaikoura TC - 31 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/31
Race Number:
R7
Decision:
The protest was upheld and HIGHVIEW PHANTOM was relegated to 9th placing. Consequent upon the relegation, the amended result for the race is as follows:
1st 5 Chancellor Cullen
2nd 7 Alberto Contador
3rd 2 Uweehumma
4th 10 Darryl Hanover
5th 9 Berbizier
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 7, Kaikoura Waste Services Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against HIGHVIEW PHANTOM (S D Anderson), placed 3rd by the judge, on the ground that it interfered with the chances of MASTA TODDY (S J Thompson) in that “shortly after the start MASTA TODDY was checked by HIGHVIEW PHANTOM and fell”.
Mr Anderson was present at the hearing of the information and he was assisted by Licensed Open Horseman, Mr A M Butt.
Rule 869 provides as follows:
(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof 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 from which it may have gained an advantage or whose chances or progress may have been affected thereby.
Submissions for Decision:
Mr McIntyre showed head-on and side-on video replays of the start of the 1900 metres mobile start event. He said that the Stewards were alleging that, when the green light went on indicating a start, HIGHVIEW PHANTOM, which had drawn 4, hung inwards abruptly as a result of which it made contact with the horse on its inside, MASTA TODDY, which had drawn 3, which horse broke and then fell to the track.
Mr S J Thompson, driver of MASTA TODDY, said that HIGHVIEW PHANTOM had come across causing the sulkies of the horses to touch. As a result, his horse panicked, went off stride and broke, galloping wildly. He did not fall until MASTA TODDY had passed him when his horse ran out and clipped that horse’s wheel. The pressure was entirely from his outside, Mr Thompson confirmed.
Mr Anderson said that the contact with MASTA TODDY was just as the gate left. He was trying to ease back and wait for the horse on his outside, CHANCELLOR CULLEN (K M Barron), to come across. He admitted that his horse did “get his head round” and he did run in and make contact. He said that he corrected it quickly and was clear when MASTA TODDY fell.
Mr P C Lamb, the starter, said that he could not assist the hearing as his vision was obscured by dust.
Mr McIntyre submitted that it was clear that HIGHVIEW PHANTOM had shifted in and the inward movement had caused MASTA TODDY to gallop. Mr Butt submitted that the movement was minimal as was the sulky contact.
Reasons for Decision:
The Committee was satisfied that, as the field was released from the mobile barrier, HIGHVIEW PHANTOM had shifted inwards quite sharply, had made contact with the sulky of MASTA TODDY and tightened it, causing it to break and later fall. The Committee was further satisfied that it had caused interference to MASTA TODDY which interfered with the progress or chances of that runner. The Committee found that the initial interference which caused MASTA TODDY to break was sufficient to warrant the relegation of HIGHVIEW PHANTOM and the fact that MASTA TODDY fell to the track had no bearing on the Committee’s decision in this regard. It was a clear case of interference by HIGHVIEW PHANTOM to MASTA TODDY which, just as clearly, interfered with the progress or chances of MASTA TODDY.
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: bbc7d255dbfdf7380d2be8bfc7401c9a
informantnumber: A1011
horsename: HIGHVIEW PHANTOM
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/10/2011
hearing_title: Kaikoura TC 31 October 2011- R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, Kaikoura Waste Services Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against HIGHVIEW PHANTOM (S D Anderson), placed 3rd by the judge, on the ground that it interfered with the chances of MASTA TODDY (S J Thompson) in that “shortly after the start MASTA TODDY was checked by HIGHVIEW PHANTOM and fell”.
Mr Anderson was present at the hearing of the information and he was assisted by Licensed Open Horseman, Mr A M Butt.
Rule 869 provides as follows:
(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof 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 from which it may have gained an advantage or whose chances or progress may have been affected thereby.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed head-on and side-on video replays of the start of the 1900 metres mobile start event. He said that the Stewards were alleging that, when the green light went on indicating a start, HIGHVIEW PHANTOM, which had drawn 4, hung inwards abruptly as a result of which it made contact with the horse on its inside, MASTA TODDY, which had drawn 3, which horse broke and then fell to the track.
Mr S J Thompson, driver of MASTA TODDY, said that HIGHVIEW PHANTOM had come across causing the sulkies of the horses to touch. As a result, his horse panicked, went off stride and broke, galloping wildly. He did not fall until MASTA TODDY had passed him when his horse ran out and clipped that horse’s wheel. The pressure was entirely from his outside, Mr Thompson confirmed.
Mr Anderson said that the contact with MASTA TODDY was just as the gate left. He was trying to ease back and wait for the horse on his outside, CHANCELLOR CULLEN (K M Barron), to come across. He admitted that his horse did “get his head round” and he did run in and make contact. He said that he corrected it quickly and was clear when MASTA TODDY fell.
Mr P C Lamb, the starter, said that he could not assist the hearing as his vision was obscured by dust.
Mr McIntyre submitted that it was clear that HIGHVIEW PHANTOM had shifted in and the inward movement had caused MASTA TODDY to gallop. Mr Butt submitted that the movement was minimal as was the sulky contact.
reasonsfordecision:
The Committee was satisfied that, as the field was released from the mobile barrier, HIGHVIEW PHANTOM had shifted inwards quite sharply, had made contact with the sulky of MASTA TODDY and tightened it, causing it to break and later fall. The Committee was further satisfied that it had caused interference to MASTA TODDY which interfered with the progress or chances of that runner. The Committee found that the initial interference which caused MASTA TODDY to break was sufficient to warrant the relegation of HIGHVIEW PHANTOM and the fact that MASTA TODDY fell to the track had no bearing on the Committee’s decision in this regard. It was a clear case of interference by HIGHVIEW PHANTOM to MASTA TODDY which, just as clearly, interfered with the progress or chances of MASTA TODDY.
Decision:
The protest was upheld and HIGHVIEW PHANTOM was relegated to 9th placing. Consequent upon the relegation, the amended result for the race is as follows:
1st 5 Chancellor Cullen
2nd 7 Alberto Contador
3rd 2 Uweehumma
4th 10 Darryl Hanover
5th 9 Berbizier
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)&(b)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: S J Thompson, Licensed Open Horseman, Mr A M Butt, K M Barron
Respondent: S D Anderson, Licensed Junior Horseman
StipendSteward:
raceid: e5d99e5297dc45d35d780e93df92c2dd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7f7c642d11f706d089c2c7f9aed52287
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/10/2011
meet_title: Kaikoura TC - 31 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Kaikoura TC