Kumeu TC 28 February 2012 – R 4 (instigating a protest)
ID: JCA15246
Meet Title:
Kumeu TC - 28 February 2012
Meet Chair:
JHolloway
Meet Committee Member 1:
ADooley
Race Date:
2012/02/28
Race Number:
R4
Decision:
The protest is upheld and HEZFULLARUNNING is disqualified.
The judges' placings are amended as follows
1st - 11 Underwood Road
2nd - 1 Dr Fen
3rd - 10 Hugh
4th - 5 Remington
5th - 8 Distraction
6th - 7 Huchi Fella
Authority to pay on amended placings was authorised.
Facts:
An information instigating a protest was lodged by Stipendiary Steward Mr J Muirhead following race 4.
The protest was lodged on behalf of the connections of horse 9 WAINGARO EMPEROR against horse 4 HEZFULLARUNNING, the grounds of interference alleged to have occurred with approximately 150 metres to run.
The driver of HEZFULLARUNNING, Mr H Cullen appeared to represent the connections and Junior Driver/owner Miss T Fensom for WAINGARO EMPEROR with the support of Horseman Mr P Butcher.
The judges' placings were
1st - 11 Underwood Road
2nd - 4 Hezfullarunning
3rd - 1 Dr Fen
4th - 10 Hugh
5th - 8 Distraction
6th - 5 Remington
Submissions for Decision:
Mr Muirhead referred to video footage of the concluding stages of the race and identified the runners of interest
He described the actions of the relevant parties and explained to the committee that with approximately 150 metres to run WAINGARO EMPEROR was in the two wide position being shifted out to the three wide position by HEZFULLARUNNING which was moving from the running line to two wide.
Miss Fensom had run out of room and her horse broke after she struck the sulky wheel of HEZFULLARUNNING. Her horse galloped and lost all chance in the race finishing second last. It was clear that Mr Cullen was in a continuous outwards manoeuvre. REMINGTON, immediately outside Miss Fensom had maintained a straight line and Miss Fensom had nowhere to go. She had become cramped for room and with the continuing outwards movement of HEZFULLARUNNING his sulky wheel had struck her horse’s front leg
Miss Fensom confirmed there had been contact made by her horse’s front foot clipping the wheels of HEZFULLARUNNING's sulky. She had maintained a straight line and HEZFULLARUNNING had moved into her line. She didn’t know whether she would have run in the money but her horse was “running good”.
Mr Cullen told the hearing that when he began his outwards movement there was room outside Miss Fensom. He began to move out and was in front of her half a length and she should have moved out onto REMINGTON’s back. There was no reason she shouldn’t have moved out and she had run on to his sulky wheel.
In conclusion, Mr Muirhead believed that Miss Fensom could not avoid the outwards movement of Mr Cullen because her horse’s legs were up inside the sulky line of REMINGTON on her immediate outside.
Reasons for Decision:
The committee having reviewed the footage was satisfied that HEZFULLARUNNING had caused interference to WAINGARO EMPEROR when moving out and taking his rightful line.
There was insufficient room for this action and Miss Fensom could not avoid the contact because of pressure from REMINGTON on her immediate outside.
The sulky wheel of HEZFULLARUNNING struck the front leg of WAINGARO EMPEROR causing that horse to break and lose any chance in the race. Miss Fensom was travelling well and was entitled to hold her position.
The movement causing the interference enabled HEZFULLARUNNING to move off the running line to improve unfairly against other runners.
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: 7a9aefb4b4f064e4227b6ecfc8ac899b
informantnumber: 13425
horsename: HEZFULLARUNNING
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 28/02/2012
hearing_title: Kumeu TC 28 February 2012 - R 4 (instigating a protest)
charge:
facts:
An information instigating a protest was lodged by Stipendiary Steward Mr J Muirhead following race 4.
The protest was lodged on behalf of the connections of horse 9 WAINGARO EMPEROR against horse 4 HEZFULLARUNNING, the grounds of interference alleged to have occurred with approximately 150 metres to run.
The driver of HEZFULLARUNNING, Mr H Cullen appeared to represent the connections and Junior Driver/owner Miss T Fensom for WAINGARO EMPEROR with the support of Horseman Mr P Butcher.
The judges' placings were
1st - 11 Underwood Road
2nd - 4 Hezfullarunning
3rd - 1 Dr Fen
4th - 10 Hugh
5th - 8 Distraction
6th - 5 Remington
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead referred to video footage of the concluding stages of the race and identified the runners of interest
He described the actions of the relevant parties and explained to the committee that with approximately 150 metres to run WAINGARO EMPEROR was in the two wide position being shifted out to the three wide position by HEZFULLARUNNING which was moving from the running line to two wide.
Miss Fensom had run out of room and her horse broke after she struck the sulky wheel of HEZFULLARUNNING. Her horse galloped and lost all chance in the race finishing second last. It was clear that Mr Cullen was in a continuous outwards manoeuvre. REMINGTON, immediately outside Miss Fensom had maintained a straight line and Miss Fensom had nowhere to go. She had become cramped for room and with the continuing outwards movement of HEZFULLARUNNING his sulky wheel had struck her horse’s front leg
Miss Fensom confirmed there had been contact made by her horse’s front foot clipping the wheels of HEZFULLARUNNING's sulky. She had maintained a straight line and HEZFULLARUNNING had moved into her line. She didn’t know whether she would have run in the money but her horse was “running good”.
Mr Cullen told the hearing that when he began his outwards movement there was room outside Miss Fensom. He began to move out and was in front of her half a length and she should have moved out onto REMINGTON’s back. There was no reason she shouldn’t have moved out and she had run on to his sulky wheel.
In conclusion, Mr Muirhead believed that Miss Fensom could not avoid the outwards movement of Mr Cullen because her horse’s legs were up inside the sulky line of REMINGTON on her immediate outside.
reasonsfordecision:
The committee having reviewed the footage was satisfied that HEZFULLARUNNING had caused interference to WAINGARO EMPEROR when moving out and taking his rightful line.
There was insufficient room for this action and Miss Fensom could not avoid the contact because of pressure from REMINGTON on her immediate outside.
The sulky wheel of HEZFULLARUNNING struck the front leg of WAINGARO EMPEROR causing that horse to break and lose any chance in the race. Miss Fensom was travelling well and was entitled to hold her position.
The movement causing the interference enabled HEZFULLARUNNING to move off the running line to improve unfairly against other runners.
Decision:
The protest is upheld and HEZFULLARUNNING is disqualified.
The judges' placings are amended as follows
1st - 11 Underwood Road
2nd - 1 Dr Fen
3rd - 10 Hugh
4th - 5 Remington
5th - 8 Distraction
6th - 7 Huchi Fella
Authority to pay on amended placings was authorised.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Miss T Fensom - Junior Driver/Owner of WAINGARO EMPEROR, Mr P Butcher - Horseman supporting Miss Fensom
Respondent:
StipendSteward:
raceid: 9ac9e9b5a69e1980add20532aa6da035
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: 4edb49082205452127c01d3c05963c46
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/02/2012
meet_title: Kumeu TC - 28 February 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "301", "Total": "186.62", "kmprice": 186.62, "Approved": "on"}]
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: ADooley
meet_pm2: none
name: Kumeu TC