Manawatu HRC 21 February 2013 – R 7 (instigating a protest)
ID: JCA18111
Meet Title:
Manawatu HRC - 21 February 2013
Meet Chair:
PWilliams
Meet Committee Member 1:
NMcCutcheon
Race Date:
2013/02/21
Race Number:
R 7
Decision:
In terms of Rule 862(3) the Committee has decided to exercise its discretion and not disqualify “Mitchell”. The protest is therefore dismissed. The confirmed placings as called by the Judge are:
1st Damit Invasion (9)
2nd Miss Middleton (1)
3rd Mitchell (6)
4th Rarangi Jewel (8)
5th Dancingwiththestars (2).
Authorisation is given for the payment of all dividends and stakes.
Facts:
Following the running of race 7 Information A2322 instigating a protest was filed by Stipendiary Steward Mr S Wallis alleging a breach of Rule 862(2) by “Mitchell” driven by Mr A Poutama. The information stated that “MITCHELL placed 3rd started from its incorrect barrier position”.
The judge’s placings were:-
1st Damit Invasion (9)
2nd Miss Middleton (1)
3rd Mitchell (6)
4th Rarangi Jewel (8)
5th Dancingwiththestars (2).
Rule 862(2) states:- “No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing start or mobile or moving start) unless directed by the Starter in accordance with Rule 860(8)”.
Rule 862(3) states:- “For the avoidance of doubt….disqualification under sub–rule (2) shall be discretionary”.
Mr Poutama indicated on the Information that he did contest the protest.
Submissions for Decision:
Mr Wallis used the head-on film of the start of the race to show “Mitchell”, who was drawn 1 on the 20m line, start the race from a position on the 20m line in the middle of the track instead of next to the running rail. He said that as a result the 2 horses drawn 1 and 2 on the 30m line were able to move up and pass on the inside of “Mitchell” whereas had he started from the correct barrier position they would have had to go around “Mitchell”.
Mr Phillips stated that just prior to the start he told Mr Poutama to “get into line” and come up to his mark but didn’t notice where he was when he let the field go. Mr Phillips was asked by the Committee if he would have activated the start had he realised “Mitchell” was not in its correct position on the 20m mark. He replied saying that he probably would have delayed the start but it was the responsibility of the individual drivers to be in the correct position on their respective marks and because “Mitchell” was the only horse on the 20m mark once he called him in he let the field go. He confirmed he did not realise the horse was not in its correct barrier position.
Mr Poutama said he was the last driver to get into line and was told by the starter to hurry up and get into position. He said he turned his horse around and the starter then let the field go.
Mr Doody said that “Mitchell” had not gained any advantage by starting from the middle of the track and Mr Wallis said that was also his view.
Reasons for Decision:
The head on-film clearly shows “Mitchell” starting from a position mid way across the track on the 20m mark and not from barrier position 1 on the 20m mark. In doing so he did not take the rightful position of any other horses and he gained no advantage from starting from mid track. The Committee notes that only 1 horse on the 30m mark passed “Mitchell” on the inside soon after the start but does not believe it or any other horse gained an advantage from “Mitchell” starting from where it did.
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: ef94dbda007a2d7bea44f5ef862592e3
informantnumber: A2322
horsename: MITCHELL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/02/2013
hearing_title: Manawatu HRC 21 February 2013 - R 7 (instigating a protest)
charge:
facts:
Following the running of race 7 Information A2322 instigating a protest was filed by Stipendiary Steward Mr S Wallis alleging a breach of Rule 862(2) by “Mitchell” driven by Mr A Poutama. The information stated that “MITCHELL placed 3rd started from its incorrect barrier position”.
The judge’s placings were:-
1st Damit Invasion (9)
2nd Miss Middleton (1)
3rd Mitchell (6)
4th Rarangi Jewel (8)
5th Dancingwiththestars (2).
Rule 862(2) states:- “No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing start or mobile or moving start) unless directed by the Starter in accordance with Rule 860(8)”.
Rule 862(3) states:- “For the avoidance of doubt….disqualification under sub–rule (2) shall be discretionary”.
Mr Poutama indicated on the Information that he did contest the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis used the head-on film of the start of the race to show “Mitchell”, who was drawn 1 on the 20m line, start the race from a position on the 20m line in the middle of the track instead of next to the running rail. He said that as a result the 2 horses drawn 1 and 2 on the 30m line were able to move up and pass on the inside of “Mitchell” whereas had he started from the correct barrier position they would have had to go around “Mitchell”.
Mr Phillips stated that just prior to the start he told Mr Poutama to “get into line” and come up to his mark but didn’t notice where he was when he let the field go. Mr Phillips was asked by the Committee if he would have activated the start had he realised “Mitchell” was not in its correct position on the 20m mark. He replied saying that he probably would have delayed the start but it was the responsibility of the individual drivers to be in the correct position on their respective marks and because “Mitchell” was the only horse on the 20m mark once he called him in he let the field go. He confirmed he did not realise the horse was not in its correct barrier position.
Mr Poutama said he was the last driver to get into line and was told by the starter to hurry up and get into position. He said he turned his horse around and the starter then let the field go.
Mr Doody said that “Mitchell” had not gained any advantage by starting from the middle of the track and Mr Wallis said that was also his view.
reasonsfordecision:
The head on-film clearly shows “Mitchell” starting from a position mid way across the track on the 20m mark and not from barrier position 1 on the 20m mark. In doing so he did not take the rightful position of any other horses and he gained no advantage from starting from mid track. The Committee notes that only 1 horse on the 30m mark passed “Mitchell” on the inside soon after the start but does not believe it or any other horse gained an advantage from “Mitchell” starting from where it did.
Decision:
In terms of Rule 862(3) the Committee has decided to exercise its discretion and not disqualify “Mitchell”. The protest is therefore dismissed. The confirmed placings as called by the Judge are:
1st Damit Invasion (9)
2nd Miss Middleton (1)
3rd Mitchell (6)
4th Rarangi Jewel (8)
5th Dancingwiththestars (2).
Authorisation is given for the payment of all dividends and stakes.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 862(2)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Stipendiary Steward, Mr G Phillips - Starter
Respondent: Mr A Poutama - Junior Driver of "MITCHELL", Mr S Doody - Trainer of "MITCHELL"
StipendSteward:
raceid: 5013e1e85e0b43d7c81dacdb042c8558
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7a32468658536b37c850c62ecf41f44a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/02/2013
meet_title: Manawatu HRC - 21 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: NMcCutcheon
meet_pm2: none
name: Manawatu HRC