Kumeu TC – 28 March 2008 – Race 2
ID: JCA19987
Hearing Type (Code):
harness-racing
Meet Title:
Kumeu TC - 28 March 2008
Race Date:
2008/03/28
Race Number:
Race 2
Decision:
An information was filed following race no three instigating a protest the informant being Mr J M Muirhead Stipendiary Steward.
An information was filed following race no three instigating a protest the informant being Mr J M Muirhead Stipendiary Steward.
--This protest was lodged under rule 869 (8) (a) (b) which states ,
--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 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 protest was lodged by the stewards on behalf of horse no 4 Fastlane ( A Grayling) placed 7th by the judge against horse No 2 Tennis Ball (T.Cowan) placed 1st by the judge. On the grounds that Tennis Ball caused interference to Fastlane shortly after the start of this race.
--The judges placing for this race were 1st No 2, 2nd No 8, 3rd Nos 9, & 7=, 4th No 1, 5th No 1.
--Present at this hearing were Mr A.Grayling driver of Fastlane, Mr T.Cowan the driver of Tennis Ball and Mr A.G.Herlihy the driver of Captain Bushrat. Mr T Cowan represented the connections of Tennis Ball.
--Mr Muirhead opened his case by asking Mr Grayling why his horse Fastlane had broken from its gait shortly after the start. Mr Grayling replied that it was pressure from Tennis Ball on his inside which had squeezed him for room between Captain Bushrat. Mr Muirhead showed the video of this incident and it clearly showed that Tennis Ball had moved out at least ½ to ¾ of a cart width and had caused tightening to Fastlane at this point of the race.
--Mr Cowan was adamant he had not contacted Mr Graylings horse and stated that Fastlane had a habit of breaking when in tight quarters. Mr. Muirhead did not agree that Fastlane had a habit of breaking in tight quarters and reiterated that in his opinion it was the outward movement of Tennis Ball which had caused Fastlane to run out of room Mr.Muirhead stated that Mr Grayling was an experienced horse man. Mr.Herlihy the driver of Captain Bushrat said he could not avoid making contact with Fastlane when this runner was forced out on him.
--Mr Cowan admitted when the question was put to him by the Chairman that his horse had moved outwards and also that horses do not need to contact each other to cause interference.
--The back on video of this incident was very helpful as this showed Tennis Ball to shift ground out and tighten Fastlane for room.
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Decision And Reasons.
--Having taken into consideration the evidence as presented from Mr Grayling, Mr Muirhead and Mr Cowan and Mr.Herlihy and having viewed the video of this incident it is my finding that Rule 869 and its sub-clauses has been breached by Tennis Ball shortly after the start.
--Tennis Ball has clearly moved out at least ½ to ¾ of a cart onto Fastlane and caused tightening at this stage of the race. Fastlane was forced to break from its gait and by the interference caused by Tennis Ball this runner was denied an opportunity to compete in this race.
--Mr Cowan admitted that his horse had moved out in his evidence.
--The video film taken with the back on view of this incident clearly shows Tennis Ball moving out and forcing Fastlane wider on the track and causing this horse to break from its gait when squeezed for room between Captain Bushrat and Tennis Ball
--The protest is upheld and I order under the provisions of Rule 1003 that Tennis Ball be relegated behind Fastlane. The amended placings for this race shall now be 1st No 8, 2nd =7&9, 4th No 3, 5th No 1, 6th No4.
--Kevin G Coutts
--Chairman
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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: 5aa6eb08affb09e6376cdf28728f0a2c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/03/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 28 March 2008 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information was filed following race no three instigating a protest the informant being Mr J M Muirhead Stipendiary Steward.
An information was filed following race no three instigating a protest the informant being Mr J M Muirhead Stipendiary Steward.
--This protest was lodged under rule 869 (8) (a) (b) which states ,
--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 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 protest was lodged by the stewards on behalf of horse no 4 Fastlane ( A Grayling) placed 7th by the judge against horse No 2 Tennis Ball (T.Cowan) placed 1st by the judge. On the grounds that Tennis Ball caused interference to Fastlane shortly after the start of this race.
--The judges placing for this race were 1st No 2, 2nd No 8, 3rd Nos 9, & 7=, 4th No 1, 5th No 1.
--Present at this hearing were Mr A.Grayling driver of Fastlane, Mr T.Cowan the driver of Tennis Ball and Mr A.G.Herlihy the driver of Captain Bushrat. Mr T Cowan represented the connections of Tennis Ball.
--Mr Muirhead opened his case by asking Mr Grayling why his horse Fastlane had broken from its gait shortly after the start. Mr Grayling replied that it was pressure from Tennis Ball on his inside which had squeezed him for room between Captain Bushrat. Mr Muirhead showed the video of this incident and it clearly showed that Tennis Ball had moved out at least ½ to ¾ of a cart width and had caused tightening to Fastlane at this point of the race.
--Mr Cowan was adamant he had not contacted Mr Graylings horse and stated that Fastlane had a habit of breaking when in tight quarters. Mr. Muirhead did not agree that Fastlane had a habit of breaking in tight quarters and reiterated that in his opinion it was the outward movement of Tennis Ball which had caused Fastlane to run out of room Mr.Muirhead stated that Mr Grayling was an experienced horse man. Mr.Herlihy the driver of Captain Bushrat said he could not avoid making contact with Fastlane when this runner was forced out on him.
--Mr Cowan admitted when the question was put to him by the Chairman that his horse had moved outwards and also that horses do not need to contact each other to cause interference.
--The back on video of this incident was very helpful as this showed Tennis Ball to shift ground out and tighten Fastlane for room.
----
Decision And Reasons.
--Having taken into consideration the evidence as presented from Mr Grayling, Mr Muirhead and Mr Cowan and Mr.Herlihy and having viewed the video of this incident it is my finding that Rule 869 and its sub-clauses has been breached by Tennis Ball shortly after the start.
--Tennis Ball has clearly moved out at least ½ to ¾ of a cart onto Fastlane and caused tightening at this stage of the race. Fastlane was forced to break from its gait and by the interference caused by Tennis Ball this runner was denied an opportunity to compete in this race.
--Mr Cowan admitted that his horse had moved out in his evidence.
--The video film taken with the back on view of this incident clearly shows Tennis Ball moving out and forcing Fastlane wider on the track and causing this horse to break from its gait when squeezed for room between Captain Bushrat and Tennis Ball
--The protest is upheld and I order under the provisions of Rule 1003 that Tennis Ball be relegated behind Fastlane. The amended placings for this race shall now be 1st No 8, 2nd =7&9, 4th No 3, 5th No 1, 6th No4.
--Kevin G Coutts
--Chairman
----
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.8.a.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b29b5db99968de24d2fe8153c30b2e90
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fa02516e3f31ff373292f55c04ea8f19
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/03/2008
meet_title: Kumeu TC - 28 March 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Kumeu TC