Kapiti Coast HRC 19 January 2014 – R 5 (instigating a protest)
ID: JCA12708
Meet Title:
Kapiti Coast HRC - 19 January 2014
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
NMoffatt
Race Date:
2014/01/19
Race Number:
R 5
Decision:
Due to the committee’s determination that another horse contributed to the interference that had occurred, the protest preferred against the 3rd placed horse Gilted was dismissed.
The committee confirmed that the Judge’s placings stand with the dividends and prize money to be paid accordingly.
Facts:
Following the running of Race 5, The Henri Janssen Painting & Decorating Mobile Pace, an Information was filed with the judicial committee. The informant Mr Muirhead alleged interference rounding the home turn (3rd placed Gilted interfering with the 10th placed horse Aces Fella).
The judge’s placings were as follows:
1st – No.2 Snow Fairy
2nd – No.7 Travelling Man
3rd – No.9 Gilted
4th – No.10 Hey Know It All
Rule 869(4)(A) reads:
No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
Rule 869(8) reads:
The judicial committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which (b) may have interfered with, or whose horseman may have interfered with, the progress of chances 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 Neal showed all available films and said that Mr Phelan had shifted his horse Gilted from a 2-wide position to a 3-wide position approaching the final straight and that this resulted in the outside wheel of Gilted striking the inside foreleg of Aces Fella and as a consequence Aces Fella ran out of room and galloped. He did not believe that there was any movement from the horse racing outside of Aces Fella.
Mr Phelan said that he did not agree with Mr Neal in that he was always in a 3-wide position and on the back of Todd Mitchell (Snow Fairy) as he believed that that was the horse to beat and added that he did not shift out into the line of Aces Fella.
Mr Dickson the driver of Aces Fella said that at the time that he got tightened he felt that there was some outward movement by Gilted and some inward movement by the horse to his outside (Scandal Leave).
Reasons for Decision:
After revisiting the films and giving careful consideration to all of the submissions the committee was satisfied that the following events took place. In the approach to the final straight Gilted who had been racing in a 3-wide position did shift out a little, but that simultaneously the runner outside of Aces Fella shifted inwards. This was clear on the films when viewing the position of the respective wheels of the sulkies prior to and after the interference took place.
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: 4cea443ea8e3114b85ba1dd7ec705357
informantnumber: A3760
horsename: GILTED
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 06/01/2014
hearing_title: Kapiti Coast HRC 19 January 2014 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, The Henri Janssen Painting & Decorating Mobile Pace, an Information was filed with the judicial committee. The informant Mr Muirhead alleged interference rounding the home turn (3rd placed Gilted interfering with the 10th placed horse Aces Fella).
The judge’s placings were as follows:
1st – No.2 Snow Fairy
2nd – No.7 Travelling Man
3rd – No.9 Gilted
4th – No.10 Hey Know It All
Rule 869(4)(A) reads:
No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
Rule 869(8) reads:
The judicial committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 thereof place any horse which (b) may have interfered with, or whose horseman may have interfered with, the progress of chances 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 Neal showed all available films and said that Mr Phelan had shifted his horse Gilted from a 2-wide position to a 3-wide position approaching the final straight and that this resulted in the outside wheel of Gilted striking the inside foreleg of Aces Fella and as a consequence Aces Fella ran out of room and galloped. He did not believe that there was any movement from the horse racing outside of Aces Fella.
Mr Phelan said that he did not agree with Mr Neal in that he was always in a 3-wide position and on the back of Todd Mitchell (Snow Fairy) as he believed that that was the horse to beat and added that he did not shift out into the line of Aces Fella.
Mr Dickson the driver of Aces Fella said that at the time that he got tightened he felt that there was some outward movement by Gilted and some inward movement by the horse to his outside (Scandal Leave).
reasonsfordecision:
After revisiting the films and giving careful consideration to all of the submissions the committee was satisfied that the following events took place. In the approach to the final straight Gilted who had been racing in a 3-wide position did shift out a little, but that simultaneously the runner outside of Aces Fella shifted inwards. This was clear on the films when viewing the position of the respective wheels of the sulkies prior to and after the interference took place.
Decision:
Due to the committee’s determination that another horse contributed to the interference that had occurred, the protest preferred against the 3rd placed horse Gilted was dismissed.
The committee confirmed that the Judge’s placings stand with the dividends and prize money to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4)(A), 869(8)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Phelan - representing connections of GILTED, Mr S Dickson - representing connections of ACES FELLA, Mr R Neal - Co-Chief Stipendiary Steward
Respondent: Mr S Phelan - Driver of GILTED (3rd)
StipendSteward:
raceid: 8f7a1f48ae4508d3aedad559b73dff44
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b07aa28f78569ddcc1727a4dfbfd7599
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/01/2014
meet_title: Kapiti Coast HRC - 19 January 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: NMoffatt
meet_pm2: none
name: Kapiti Coast HRC