Kumeu TC 16 December 2014 – R 5 (instigating a protest)
ID: JCA17439
Meet Title:
Kumeu TC - 16 December 2014
Meet Chair:
BScott
Race Date:
2014/12/16
Race Number:
R5
Decision:
The Protest is upheld and WESTBURN COURAGE is disqualified from the race.
The amended placings are now : first (2) HUDY HAXWELL
second (4) BRYDON DELIGHT
third (1) VENGEANCE
fourth (6) DEBS PAL
fifth (7) IMAJOLLYWALLY
It is ordered that dividends and stakes be paid in accordance with the amended placings.
Facts:
Following the running of the CADUCEUS CLUB HANDICAP PACE an Information instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the second placing of WESTBURN COURAGE on the grounds that it raced in excess of 30 metres inside the marker line inside the last 200 metres of the race and/or gained an advantage improving inside the marker line.
Rule 869(7B) provides: that if a horse races with its sulky wheel inside the marker line for more than 30 metres in the last 200 metres of the race then it shall be disqualified unless the movement was caused by another horse or its horseman or unless it is established that the horse did not gain any advantage.
Mr Ferguson the Driver of WESTBURN COURAGE was present and advised that the Protest was contested.
The rule was read to Mr Ferguson and he acknowledged that he understood it.
Mr Muirhead demonstrated the incident by use of the race films and showed in the home straight where WESTBURN COURAGE was 3 back on the marker line as the horses turned into the home straight and shortly thereafter tried to improve on the inside of the trailing horse which had taken the Passing Lane. There was insufficient room and in its movement the sulky wheel of WESTBURN COURAGE went inside 3 pylons. Mr Muirhead said that in the straight the pylons are 20 metres apart and therefore he estimated that the sulky wheel of WESTBURN COURAGE was inside the marker line for about 45 metres.
He also said that the films showed that WESTBURN COURAGE by its movement had gained an advantage over the other placed horses.
Mr Ferguson said that he contested the distance inside the marker line as stated by Mr Muirhead and he said that he had brushed the first pylon and he thought the distance was possibly less than 30 metres. He also said his horse was travelling well and he did not think he had gained an advantage.
I explained to Mr Ferguson the principles about gaining an advantage.
Submissions for Decision:
Mr Muirhead submitted that WESTBURN COURAGE had clearly been inside the marker line in excess of 30 metres and that it had gained an advantage by doing so and therefore should be disqualified from the race.
He also referred to clause 7 of the Track Marker regulations which require a driver to restrain his horse if the sulky moves inside the pylons and to move outside the pylons when there is room to do so. He said that Mr Ferguson had continued to drive his horse and had not restrained it.
Mr Ferguson again queried the distance calculation , he did not think he had gained an advantage and he thought that he had restrained his horse.
Reasons for Decision:
The films are very clear and Mr Ferguson has moved his horse into what he thought was a gap but it was not large enough for him. I arranged for the incident to be shown in slow motion and clearly there was not enough room for WESTBURN COURAGE and its sulky and this necessitated it going inside the pylons. The distance is clearly in excess of 30 metres and this is a breach of the rule.
Mr Ferguson was required to wait until there was sufficient room and by not doing so he has obtained a run sooner than he should have and has thereby gained an advantage.
The decision for me is very clear and the Protest should be upheld.
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: e3b84a8bcba300e87501a66f2f83dad4
informantnumber: A6508
horsename: WESTBURN COURAGE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 13/12/2014
hearing_title: Kumeu TC 16 December 2014 - R 5 (instigating a protest)
charge:
facts:
Following the running of the CADUCEUS CLUB HANDICAP PACE an Information instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the second placing of WESTBURN COURAGE on the grounds that it raced in excess of 30 metres inside the marker line inside the last 200 metres of the race and/or gained an advantage improving inside the marker line.
Rule 869(7B) provides: that if a horse races with its sulky wheel inside the marker line for more than 30 metres in the last 200 metres of the race then it shall be disqualified unless the movement was caused by another horse or its horseman or unless it is established that the horse did not gain any advantage.
Mr Ferguson the Driver of WESTBURN COURAGE was present and advised that the Protest was contested.
The rule was read to Mr Ferguson and he acknowledged that he understood it.
Mr Muirhead demonstrated the incident by use of the race films and showed in the home straight where WESTBURN COURAGE was 3 back on the marker line as the horses turned into the home straight and shortly thereafter tried to improve on the inside of the trailing horse which had taken the Passing Lane. There was insufficient room and in its movement the sulky wheel of WESTBURN COURAGE went inside 3 pylons. Mr Muirhead said that in the straight the pylons are 20 metres apart and therefore he estimated that the sulky wheel of WESTBURN COURAGE was inside the marker line for about 45 metres.
He also said that the films showed that WESTBURN COURAGE by its movement had gained an advantage over the other placed horses.
Mr Ferguson said that he contested the distance inside the marker line as stated by Mr Muirhead and he said that he had brushed the first pylon and he thought the distance was possibly less than 30 metres. He also said his horse was travelling well and he did not think he had gained an advantage.
I explained to Mr Ferguson the principles about gaining an advantage.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead submitted that WESTBURN COURAGE had clearly been inside the marker line in excess of 30 metres and that it had gained an advantage by doing so and therefore should be disqualified from the race.
He also referred to clause 7 of the Track Marker regulations which require a driver to restrain his horse if the sulky moves inside the pylons and to move outside the pylons when there is room to do so. He said that Mr Ferguson had continued to drive his horse and had not restrained it.
Mr Ferguson again queried the distance calculation , he did not think he had gained an advantage and he thought that he had restrained his horse.
reasonsfordecision:
The films are very clear and Mr Ferguson has moved his horse into what he thought was a gap but it was not large enough for him. I arranged for the incident to be shown in slow motion and clearly there was not enough room for WESTBURN COURAGE and its sulky and this necessitated it going inside the pylons. The distance is clearly in excess of 30 metres and this is a breach of the rule.
Mr Ferguson was required to wait until there was sufficient room and by not doing so he has obtained a run sooner than he should have and has thereby gained an advantage.
The decision for me is very clear and the Protest should be upheld.
Decision:
The Protest is upheld and WESTBURN COURAGE is disqualified from the race.
The amended placings are now : first (2) HUDY HAXWELL
second (4) BRYDON DELIGHT
third (1) VENGEANCE
fourth (6) DEBS PAL
fifth (7) IMAJOLLYWALLY
It is ordered that dividends and stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7A) & (7B)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr P Ferguson - Driver of WESTBURN COURAGE
StipendSteward:
raceid: 009a87f5cb5cc3a00e450929c1980326
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 90d8310393a2a5087d2f0ed71e11aa1d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/12/2014
meet_title: Kumeu TC - 16 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: none
meet_pm2: none
name: Kumeu TC