Manawatu HRC 22 February 2011 – R 3 (Instigating a Protest)
ID: JCA12701
Meet Title:
Manawatu HRC - 22 February 2011
Meet Chair:
PWilliams
Meet Committee Member 1:
NMcCutcheon
Race Date:
2011/02/22
Race Number:
R3
Decision:
We agree the actions of Mr Dickson mean he has breached clause 4 of the “Passing Lanes, False Rails and Home Straight” Regulations and as such has breached rule 869 (4) in respect of which Rules 1003 and 869(8) apply. We therefore relegate “Alta Panche from 3rd to 4th and accordingly the amended places are as follows.
1st – Shes Got It All - 1
2nd – Lyness - 2
3rd –El Heartland - 5
4th – Alta Panache – 9
5th – President’s Friend – 3
Payment of the amended dividends and stake money is authorised.
Facts:
Following the running of Race 3, an information Instigating a Protest was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869 (8) and clause 4 of the Passing Lanes, False Rails and Home Straight Regulations by “Alta Panache” (9) driven by Mr S Dickson. The Judge’s placings were as follows.
1st – Shes Got It All - 1
2nd – Lyness - 2
3rd – Alta Panache - 9
4th – El Heartland - 5
5th – President’s Friend - 3
The Information reads as follows.
“This is a protest against horse number 9 placed 3rd by the Judge on the grounds of “interference that occurred in the home straight”
Rule 869(8) sates:-
“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 other 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 “Passing Lanes, False Rails and Home Straight” Regulations, so far as it is relevant to the present case, states:-
“4 In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
8 Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 thereof shall be deemed a breach of rule 869 (4) of the NZ Rules of Harness racing in respect of which Rules 1003 and 869(8) apply”.
Submissions for Decision:
Mr Renault asked Mr Muirhead to show the films of what had occurred. He identified “Alta Panache” entering the home straight in the lead with “El Heartland” driven by Mr Mitchell immediately behind him in the trail. He said the film showed that on straightening up Mr Dickson allowed his horse to move down into the passing lane denying Mr Mitchell access to the lane that he was entitled to. He said Mr Mitchell had to take hold of his horse, lost momentum and subsequently ran 4th. The official margin between 3rd and 4th was 2.25 lengths. Mr Renault said that “Presidents Friend” driven by P Ferguson did move up on the outside of Mr Dickson as the horses progressed down the home straight but by then Mr Dickson was established in the passing lane.
Mr Renault asked Mr Mitchell to describe what happened. He said that on entering the home straight Mr Dickson who was in front of him moved down into the passing lane and he momentarily had to restrain his horse as his line had been taken. He also said he felt his horse was under pressure and was not sure whether the incident had cost him the chance of running 3rd.
Mr Dickson said that Mr Ferguson’s horse had come up on his outside and then moved in as the horses progressed down the home straight pushing him into the passing lane from which he was then unable to move out from. He said had Mr Ferguson not moved in he would have been able to move out and allow enough space for Mr Mitchell to come through on his inside. He said he couldn’t move out as that would possibly have caused interference to Mr Ferguson and his own horse.
To a question from the Committee relating to Mr Mitchell’s comment that he didn’t think he was going good enough to run 3rd Mr Renault said that the key issue was that Mr Dickson had not kept a straight line on entering the home straight which caused Mr Mitchell to restrain his horse. He reiterated that Mr Dickson’s actions were in breach of clause 4 of regulations because Mr Mitchell was denied his rightful running line, had lost momentum and had to take hold of his which had affected his chances.
Mr Renault said in his view the actions of Mr Mitchell had breached clause 4 of the “Passing Lanes, False Rails and Home Straight” Regulations and that “Alta Panache” should be relegated back to 4th.
Reasons for Decision:
We have considered the films of the final 300m of the race and the submissions of all parties. We are satisfied that on entering the home straight “Alta Panache” did not maintain a straight line and moved down into the passing line thus denying “El Heartland” its rightful opportunity to move into the passing lane. We have some reservations as to whether Mr Mitchell would have finished in a higher place but agree that Mr Mitchell did have to momentarily restrain “El Heartland” and that he lost his momentum and couldn’t drive his horse fully out to the finish. We believe the actions of Mr Ferguson played no part in Mr Dickson initially moving down to the passing lane and by the time Mr Ferguson came up alongside Mr Dickson he (Mr Dickson) was “firmly established” in the passing lane.
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: 4c7573699ad106e6cdaa62b10f66a58c
informantnumber: 13979
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/02/2011
hearing_title: Manawatu HRC 22 February 2011 - R 3 (Instigating a Protest)
charge:
facts:
Following the running of Race 3, an information Instigating a Protest was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869 (8) and clause 4 of the Passing Lanes, False Rails and Home Straight Regulations by “Alta Panache” (9) driven by Mr S Dickson. The Judge’s placings were as follows.
1st – Shes Got It All - 1
2nd – Lyness - 2
3rd – Alta Panache - 9
4th – El Heartland - 5
5th – President’s Friend - 3
The Information reads as follows.
“This is a protest against horse number 9 placed 3rd by the Judge on the grounds of “interference that occurred in the home straight”
Rule 869(8) sates:-
“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 other 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 “Passing Lanes, False Rails and Home Straight” Regulations, so far as it is relevant to the present case, states:-
“4 In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
8 Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 thereof shall be deemed a breach of rule 869 (4) of the NZ Rules of Harness racing in respect of which Rules 1003 and 869(8) apply”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault asked Mr Muirhead to show the films of what had occurred. He identified “Alta Panache” entering the home straight in the lead with “El Heartland” driven by Mr Mitchell immediately behind him in the trail. He said the film showed that on straightening up Mr Dickson allowed his horse to move down into the passing lane denying Mr Mitchell access to the lane that he was entitled to. He said Mr Mitchell had to take hold of his horse, lost momentum and subsequently ran 4th. The official margin between 3rd and 4th was 2.25 lengths. Mr Renault said that “Presidents Friend” driven by P Ferguson did move up on the outside of Mr Dickson as the horses progressed down the home straight but by then Mr Dickson was established in the passing lane.
Mr Renault asked Mr Mitchell to describe what happened. He said that on entering the home straight Mr Dickson who was in front of him moved down into the passing lane and he momentarily had to restrain his horse as his line had been taken. He also said he felt his horse was under pressure and was not sure whether the incident had cost him the chance of running 3rd.
Mr Dickson said that Mr Ferguson’s horse had come up on his outside and then moved in as the horses progressed down the home straight pushing him into the passing lane from which he was then unable to move out from. He said had Mr Ferguson not moved in he would have been able to move out and allow enough space for Mr Mitchell to come through on his inside. He said he couldn’t move out as that would possibly have caused interference to Mr Ferguson and his own horse.
To a question from the Committee relating to Mr Mitchell’s comment that he didn’t think he was going good enough to run 3rd Mr Renault said that the key issue was that Mr Dickson had not kept a straight line on entering the home straight which caused Mr Mitchell to restrain his horse. He reiterated that Mr Dickson’s actions were in breach of clause 4 of regulations because Mr Mitchell was denied his rightful running line, had lost momentum and had to take hold of his which had affected his chances.
Mr Renault said in his view the actions of Mr Mitchell had breached clause 4 of the “Passing Lanes, False Rails and Home Straight” Regulations and that “Alta Panache” should be relegated back to 4th.
reasonsfordecision:
We have considered the films of the final 300m of the race and the submissions of all parties. We are satisfied that on entering the home straight “Alta Panache” did not maintain a straight line and moved down into the passing line thus denying “El Heartland” its rightful opportunity to move into the passing lane. We have some reservations as to whether Mr Mitchell would have finished in a higher place but agree that Mr Mitchell did have to momentarily restrain “El Heartland” and that he lost his momentum and couldn’t drive his horse fully out to the finish. We believe the actions of Mr Ferguson played no part in Mr Dickson initially moving down to the passing lane and by the time Mr Ferguson came up alongside Mr Dickson he (Mr Dickson) was “firmly established” in the passing lane.
Decision:
We agree the actions of Mr Dickson mean he has breached clause 4 of the “Passing Lanes, False Rails and Home Straight” Regulations and as such has breached rule 869 (4) in respect of which Rules 1003 and 869(8) apply. We therefore relegate “Alta Panche from 3rd to 4th and accordingly the amended places are as follows.
1st – Shes Got It All - 1
2nd – Lyness - 2
3rd –El Heartland - 5
4th – Alta Panache – 9
5th – President’s Friend – 3
Payment of the amended dividends and stake money is authorised.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 896 (8) and clause 4 of the "Passing Lanes, False rails and Home Straight" Regulations
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Dickson - Open Horseman, Mr T Mitchell - Open Horseman, Mr J Muirhead - Stipendiary Steward, Mr C George - Chief Stipendiary Steward, Mr R Neal, Mr N Goodwin
Respondent:
StipendSteward:
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