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Kumeu TC 20 May 2011 – R 9 (Instigating a Protest)
ID: JCA15796
Meet Title:
Kumeu TC - 20 May 2011
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2011/05/20
Race Number:
R9
Decision:
The protest is accordingly up held and YANKEEDOOSIE is disqualified from 2nd equal place and from the race. The amended result is now:
1st 1 Contador
2nd 6 Alta Charisma
3rd 4 Mitchell
4th 3 Adora Dell
5th 7 Magic Woman
6th 2 Little Frugie
It was ordered that dividends and stakes be paid in accordance with the amended result.
Facts:
Following the running of Race 9 an Information Instigating a Protest was filed by Stipendiary Steward, Mr JM Muirhead against the second equal placing of YANKEEDOOSIE (Driver BH Cusdin) on the grounds of interference 400 metres after the start to MAYO GOLD (Driver NA Chilcott) resulting in MAYO GOLD breaking and losing its chance.
Mr Young the Forman for Trainers M Purdon and G Payne was present at the Hearing and advised the Committee that he was representing the connections of the horse. Mr Young was asked if the protest was contested and after consideration he said that it was being contested.
Rule 869(4) provides: “No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Rule 869(4)(A) provides: “No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress”.
Submissions for Decision:
Mr Muirhead demonstrated the incident by use of the video films. The films showed that approximately 300 metres after the start that LITTLE FRUGIE (Driver JI Dickie) which was racing ahead of YANKEEDOOSIE broke and galloped to the inside of the pylons. Mr Cusdin moved out to be clear of the breaking horse and as a result of the outwards movement of Mr Cusdin and Mr Dickie taking LITTLE FRUGIE inside the pylons there was a gap towards which Ms Chilcott drove her horse MAYO GOLD. Mr Muirhead pointed out that when Mr Cusdin moved back in that the front legs of Ms Chilcott’s horse were up inside his wheel and that contact was made and Ms Chilcott’s horse broke and lost its chance.
Ms Chilcott gave evidence and confirmed that Mr Muirhead’s evidence basically covered the situation and it was also shown on the films. Ms Chilcott said that when Mr Cusdin moved out and Mr Dickie’s horse broke and went inside the pylons there was a gap for her to move into and she just kept her line and moved to that gap. She said that YANKEEDOOSIE moved inwards and it’s inside wheel struck the front legs of her horse and it broke and lost its chance. Ms Chilcott said that she could see Mr Cusdin moving in and she did call out to him. Ms Chilcott also said that she had attempted to restrain her horse but that he is “dead in the mouth” and he charged ahead. Ms Chilcott said that there was plenty of room for her to move into the gap before YANKEEDOOSIE moved inwards and she ran out of room.
Mr Muirhead asked for the films to be shown again and he showed that Ms Chilcott’s horse’s front legs had been inside the sulky wheel of YANKEEDOOSIE for probably 40 metres before contact was made and Ms Chilcott’s horse broke.
Mr Cusdin said that he saw LITTLE FRUGIE break and so he moved out as a precautionary move. He said that he then began slowly moving back into the position that he was in and he did not know that Ms Chilcott had attempted to move into the gap on the inside of him. He said that he did not hear Ms Chilcott’s horse nor did he hear her call out. He did confirm that there was contact.
Reasons for Decision:
The Committee viewed the films several times and looked at all the different angles that are available to us. The Committee has also reviewed the evidence that has been presented. The situation was initially caused by and not helped by the breaking of LITTLE FRUGIE but the evidence showed that there was room for MAYO GOLD to move up on the inside of YANKEEDOOSIE and that the inwards movement of YANKEEDOOSIE meant that the gap was closed, that contact was made and that as a result of that MAYO GOLD broke and lost its chance.
JCA Decision Fields (raw)
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hearingid: d33d8297b4a0a1db22d1e433a80a384b
startdate: no date provided
hearing_title: Kumeu TC 20 May 2011 – R 9 (Instigating a Protest)
facts:
Following the running of Race 9 an Information Instigating a Protest was filed by Stipendiary Steward, Mr JM Muirhead against the second equal placing of YANKEEDOOSIE (Driver BH Cusdin) on the grounds of interference 400 metres after the start to MAYO GOLD (Driver NA Chilcott) resulting in MAYO GOLD breaking and losing its chance.
Mr Young the Forman for Trainers M Purdon and G Payne was present at the Hearing and advised the Committee that he was representing the connections of the horse. Mr Young was asked if the protest was contested and after consideration he said that it was being contested.
Rule 869(4) provides: “No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Rule 869(4)(A) provides: “No horse shall during any race do anything which interferes or is likely to interfere with any other horse or its progress”.
submissionsfordecision:
Mr Muirhead demonstrated the incident by use of the video films. The films showed that approximately 300 metres after the start that LITTLE FRUGIE (Driver JI Dickie) which was racing ahead of YANKEEDOOSIE broke and galloped to the inside of the pylons. Mr Cusdin moved out to be clear of the breaking horse and as a result of the outwards movement of Mr Cusdin and Mr Dickie taking LITTLE FRUGIE inside the pylons there was a gap towards which Ms Chilcott drove her horse MAYO GOLD. Mr Muirhead pointed out that when Mr Cusdin moved back in that the front legs of Ms Chilcott’s horse were up inside his wheel and that contact was made and Ms Chilcott’s horse broke and lost its chance.
Ms Chilcott gave evidence and confirmed that Mr Muirhead’s evidence basically covered the situation and it was also shown on the films. Ms Chilcott said that when Mr Cusdin moved out and Mr Dickie’s horse broke and went inside the pylons there was a gap for her to move into and she just kept her line and moved to that gap. She said that YANKEEDOOSIE moved inwards and it’s inside wheel struck the front legs of her horse and it broke and lost its chance. Ms Chilcott said that she could see Mr Cusdin moving in and she did call out to him. Ms Chilcott also said that she had attempted to restrain her horse but that he is “dead in the mouth” and he charged ahead. Ms Chilcott said that there was plenty of room for her to move into the gap before YANKEEDOOSIE moved inwards and she ran out of room.
Mr Muirhead asked for the films to be shown again and he showed that Ms Chilcott’s horse’s front legs had been inside the sulky wheel of YANKEEDOOSIE for probably 40 metres before contact was made and Ms Chilcott’s horse broke.
Mr Cusdin said that he saw LITTLE FRUGIE break and so he moved out as a precautionary move. He said that he then began slowly moving back into the position that he was in and he did not know that Ms Chilcott had attempted to move into the gap on the inside of him. He said that he did not hear Ms Chilcott’s horse nor did he hear her call out. He did confirm that there was contact.
reasonsfordecision:
The Committee viewed the films several times and looked at all the different angles that are available to us. The Committee has also reviewed the evidence that has been presented. The situation was initially caused by and not helped by the breaking of LITTLE FRUGIE but the evidence showed that there was room for MAYO GOLD to move up on the inside of YANKEEDOOSIE and that the inwards movement of YANKEEDOOSIE meant that the gap was closed, that contact was made and that as a result of that MAYO GOLD broke and lost its chance.
Decision:
The protest is accordingly up held and YANKEEDOOSIE is disqualified from 2nd equal place and from the race. The amended result is now:
1st 1 Contador
2nd 6 Alta Charisma
3rd 4 Mitchell
4th 3 Adora Dell
5th 7 Magic Woman
6th 2 Little Frugie
It was ordered that dividends and stakes be paid in accordance with the amended result.
Informant: Mr J Muirhead - Stipendiary Steward
raceid: 8dd767617d4878dd91a84397857b6d45
meetid: 09e5451f4b07265e3db6e3ee1c4e79bd
meet_expapproval: approved
meet_title: Kumeu TC - 20 May 2011
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "106", "Total": "65.72", "kmprice": 65.719999999999999, "Approved": "on"}, {"Comment": [], "kmprice": 16.120000000000001, "MemberID": "GJones", "Member": "", "KMs": "26", "OtherExpenses": "0", "Total": "16.12", "MemberRole": "Panel member 1 ", "Approved": "on"}]
meet_racingtype: harness-racing
