Kaikoura TC 4 November 2013 – R 4 (instigating a protest)
ID: JCA17054
Meet Title:
Kaikoura TC - 4 November 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/11/04
Race Number:
R4
Decision:
The protest was dismissed with the Judges' placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 4, the Speights Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward Mr N Ydgren, alleging interference by SIMON SIVAD (6), driven by Miss K Cox, who finished in 2nd place, to MAIDEN ROME (5), driven by Mr K Barron.
The Judges' placings in this race were as follows:
1st FAIR DINKAM BROMAC (8)
2nd SIMON SIVAD (6)
3rd MAIDEN ROME (5)
4th BETTER THAN MONEY (7)
5th TOMSINCHARGE (3)
6th WESTBURN CREED (2)
The Information reads as follows:
“That horse number 6, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 5 as detailed below;
“Interference near the 200 metres when SIMON SIVAD shifted outwards onto MAIDEN ROME(K Barron).”
Rule 869(8) provides as follows:
“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.
The connections of MAIDEN ROME were represented at this hearing by Open Horseman, Mr K Barron with Miss K Cox-Junior Horsewoman, Mr J Dunn-Open Horseman and Mrs L Taylor connection of SIMON SIVAD representing the interests of that horse.
Submissions for Decision:
Mr Ydgren gave evidence and showed the relevant films of the incident which occurred shortly after the turn for home near the 200m. Mr Ydgren pointed out SIMON SIVAD racing on the outside of the leader WESTBURN CREED as the field turned for home. He showed WESTBURN CREED shift outwards at this point taking SIMON SIVAD wider on the track. Mr Ydgren stated that WESTBURN CREED was soon afterwards straightened and the outward pressure relieved with SIMON SIVAD continuing to shift outwards. He showed MAIDEN ROME on the outside of SIMON SIVAD at this point being forced wider due to SIMON SIVAD continuing to shift out. Mr Ydgren submitted that the chances of MAIDEN ROME were affected by the continued outward movement by SIMON SIVAD. He asked the Committee to take account of the official margin between 2nd and 3rd being a nose.
Mr Barron gave evidence that as MAIDEN ROME angled off the back of SIMON SIVAD to improve he was forced wider for approximately 20 metres. This he stated had affected his horse’s momentum and that he was forced wider to gain clear running.
Mr Dunn stated that it was clear to him that WESTBURN CREED had caused the interference by shifting out at least 3 horse widths on the home turn forcing SIMON SIVAD to be checked and forced wider. He said the sulky wheel of WESTBURN CREED had got under the legs and struck the near hind leg of SIMON SIVAD. Miss Cox, he submitted, was driving to clear her horse from the interference being received when she went a little wider than necessary to recover form WESTBURN CREED’s interference.
Mrs Taylor submitted that had SIMON SIVAD not received the interference from WESTBURN CREED at the home turn their horse may have won the race as the official margin was a nose.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that WESTBURN CREED had shifted out on the home turn and interfered with SIMON SIVAD who was forced wider and had to recover from a strike on the near hind leg by the sulky wheel of WESTBURN CREED. We were also satisfied that MAIDEN ROME was forced wider when looking for clear running due to WESTBURN CREED interfering with and forcing SIMON SIVAD wider on the track. The Stewards alleged that SIMON SIVAD continued to shift out after the interference from WESTBURN CREED was over and it was then that the chances of MAIDEN ROME were affected.
The Committee however was satisfied that the interference caused by SIMON SIVAD to MAIDEN ROME was a consequence of the interference that SIMON SIVAD itself received from WESTBURN CREED.
We believe that SIMON SAVID may have over reacted following the interference by WESTBURN CREED which contributed to the incident. The Committee was satisfied that Miss Cox had made every endeavour to straighten SIMON SAVID after the interference it received from WESTBURN CREED. We were satisfied that she did after a few strides.
Taking all the above matters into account we decided that this protest should be dismissed.
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: c72586dd45fd94a222632d0a25bd5e34
informantnumber: A6101
horsename: SIMON SIVAD
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 06/11/2013
hearing_title: Kaikoura TC 4 November 2013 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, the Speights Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward Mr N Ydgren, alleging interference by SIMON SIVAD (6), driven by Miss K Cox, who finished in 2nd place, to MAIDEN ROME (5), driven by Mr K Barron.
The Judges' placings in this race were as follows:
1st FAIR DINKAM BROMAC (8)
2nd SIMON SIVAD (6)
3rd MAIDEN ROME (5)
4th BETTER THAN MONEY (7)
5th TOMSINCHARGE (3)
6th WESTBURN CREED (2)
The Information reads as follows:
“That horse number 6, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 5 as detailed below;
“Interference near the 200 metres when SIMON SIVAD shifted outwards onto MAIDEN ROME(K Barron).”
Rule 869(8) provides as follows:
“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.
The connections of MAIDEN ROME were represented at this hearing by Open Horseman, Mr K Barron with Miss K Cox-Junior Horsewoman, Mr J Dunn-Open Horseman and Mrs L Taylor connection of SIMON SIVAD representing the interests of that horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and showed the relevant films of the incident which occurred shortly after the turn for home near the 200m. Mr Ydgren pointed out SIMON SIVAD racing on the outside of the leader WESTBURN CREED as the field turned for home. He showed WESTBURN CREED shift outwards at this point taking SIMON SIVAD wider on the track. Mr Ydgren stated that WESTBURN CREED was soon afterwards straightened and the outward pressure relieved with SIMON SIVAD continuing to shift outwards. He showed MAIDEN ROME on the outside of SIMON SIVAD at this point being forced wider due to SIMON SIVAD continuing to shift out. Mr Ydgren submitted that the chances of MAIDEN ROME were affected by the continued outward movement by SIMON SIVAD. He asked the Committee to take account of the official margin between 2nd and 3rd being a nose.
Mr Barron gave evidence that as MAIDEN ROME angled off the back of SIMON SIVAD to improve he was forced wider for approximately 20 metres. This he stated had affected his horse’s momentum and that he was forced wider to gain clear running.
Mr Dunn stated that it was clear to him that WESTBURN CREED had caused the interference by shifting out at least 3 horse widths on the home turn forcing SIMON SIVAD to be checked and forced wider. He said the sulky wheel of WESTBURN CREED had got under the legs and struck the near hind leg of SIMON SIVAD. Miss Cox, he submitted, was driving to clear her horse from the interference being received when she went a little wider than necessary to recover form WESTBURN CREED’s interference.
Mrs Taylor submitted that had SIMON SIVAD not received the interference from WESTBURN CREED at the home turn their horse may have won the race as the official margin was a nose.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that WESTBURN CREED had shifted out on the home turn and interfered with SIMON SIVAD who was forced wider and had to recover from a strike on the near hind leg by the sulky wheel of WESTBURN CREED. We were also satisfied that MAIDEN ROME was forced wider when looking for clear running due to WESTBURN CREED interfering with and forcing SIMON SIVAD wider on the track. The Stewards alleged that SIMON SIVAD continued to shift out after the interference from WESTBURN CREED was over and it was then that the chances of MAIDEN ROME were affected.
The Committee however was satisfied that the interference caused by SIMON SIVAD to MAIDEN ROME was a consequence of the interference that SIMON SIVAD itself received from WESTBURN CREED.
We believe that SIMON SAVID may have over reacted following the interference by WESTBURN CREED which contributed to the incident. The Committee was satisfied that Miss Cox had made every endeavour to straighten SIMON SAVID after the interference it received from WESTBURN CREED. We were satisfied that she did after a few strides.
Taking all the above matters into account we decided that this protest should be dismissed.
Decision:
The protest was dismissed with the Judges' placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr K Barron-Open Horseman, Mrs L Taylor-Connection of SIMON SAVID
Respondent: Miss K Cox-Junior Horsewoman, Mr D Dunn-Open Horseman
StipendSteward:
raceid: c627882a689065a2c48ae2bfc4633b30
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dd85368431dc996e58e6f0cf6f4c4f61
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/11/2013
meet_title: Kaikoura TC - 4 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Kaikoura TC