Archive Decision

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Manawatu HRC 24 February 2011 – R 9 (instigating a protest)

ID: JCA12435

Applicant:
T Taumanu

Respondent(s):
V Blanchard

Information Number:
13980

Hearing Type:
Protest

Rules:
869

Meet Title:
Manawatu HRC - 24 February 2011

Meet Chair:
TCastles

Meet Committee Member 1:
NMcCutcheon

Race Date:
2011/02/24

Race Number:
R9

Decision:

The protest was upheld and placings changed accordingly to now read:

1st 11
2nd 7
3rd 8
4th 3
5th 2

Horse 9, Major Day, was relegated to 10th place behind horse 5 Soaring Falcon (T Mitchell).

Dividends were authorised to be paid on the amended placings.

Facts:

After the running of Race 9 at the Manawatu Harness Clubs meeting, the siren sounded instigating a protest brought under Rule 869.

Present were Mr. V. Blanchard driver of ‘Major Day’ provisionally placed second by the judge.
Mr P Blanchard senior.
Mr D Butcher driver of ‘Zinzan Bromac’
Mr P Ferguson driver of ‘Barney McGuire’

The protest alleged interference by horse 9 ‘Major Day’ in the back straight.

Placing as provisionally called by the judge were:
11 New York Finest
9 Major Day
7 Barney McGuire
8 Single Dreamer
3 Seelstars Blue Chip

Submissions for Decision:

Stipendiary Steward Mr Renault showed the available films of the incident and pointed out where Major Day moves out onto Zinzan Bromac driven by Mr D Butcher. He told the committee that Mr Butcher was entitled to be where he was and the movement outwards on to Zinzan Bromac caused that horse to rear and break. The effect of the breaking could be seen by the interference suffered to Barney McGuire (P Ferguson) when Zinzan Bromac went back on to that horse. Mr Renault believed that there was a distinct possibility that legs touched. Both Mr Ferguson and Mr Butcher called as witnessed by Mr Taumanu, told the committee they were both unsure whether legs touched in the incident but Mr Butcher was adamant that his horse reared and took fright causing Zinzan Bromac to break. Mr Ferguson (Barney McGuire) confirmed he copped the backwash.

Mr Blanchard after viewing the available films wasn’t sure that contact did take place. He thought his movement was marginal and felt that Zinzan Bromac broke when he became squeezed. He did however agree that Mr. Butcher was entitled to be where he was and to move out into the gap.
Under questioning from Mr Taumanu, Mr Blanchard was unsure if legs did touch and felt he had plenty of room. Mr Taumanu in summing up believed both Mr Butcher and Mr Ferguson were perfectly entitled to be where they were and the movement of Mr Blanchards drive caused the breaking and interference.

Reasons for Decision:

The committee concurs with the statements of both effected drivers Mr Ferguson and Mr Butcher that they were entitled to be where they were they were at that particular point in the race. When Mr. Blanchard moved out it tightened immediately Mr Butcher's drive resulting in that horse rearing and galloping. The films clearly show that two horses travelling behind, Barney McGuire (P Ferguson) and Soaring Falcon (T Mitchell) both suffered interference.

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: 5bc6ce9840c692fdc4c26192396925c0


informantnumber: 13980


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 24/02/2011


hearing_title: Manawatu HRC 24 February 2011 - R 9 (instigating a protest)


charge:


facts:

After the running of Race 9 at the Manawatu Harness Clubs meeting, the siren sounded instigating a protest brought under Rule 869.

Present were Mr. V. Blanchard driver of ‘Major Day’ provisionally placed second by the judge.
Mr P Blanchard senior.
Mr D Butcher driver of ‘Zinzan Bromac’
Mr P Ferguson driver of ‘Barney McGuire’

The protest alleged interference by horse 9 ‘Major Day’ in the back straight.

Placing as provisionally called by the judge were:
11 New York Finest
9 Major Day
7 Barney McGuire
8 Single Dreamer
3 Seelstars Blue Chip


appealdecision:


isappeal:


submissionsfordecision:

Stipendiary Steward Mr Renault showed the available films of the incident and pointed out where Major Day moves out onto Zinzan Bromac driven by Mr D Butcher. He told the committee that Mr Butcher was entitled to be where he was and the movement outwards on to Zinzan Bromac caused that horse to rear and break. The effect of the breaking could be seen by the interference suffered to Barney McGuire (P Ferguson) when Zinzan Bromac went back on to that horse. Mr Renault believed that there was a distinct possibility that legs touched. Both Mr Ferguson and Mr Butcher called as witnessed by Mr Taumanu, told the committee they were both unsure whether legs touched in the incident but Mr Butcher was adamant that his horse reared and took fright causing Zinzan Bromac to break. Mr Ferguson (Barney McGuire) confirmed he copped the backwash.

Mr Blanchard after viewing the available films wasn’t sure that contact did take place. He thought his movement was marginal and felt that Zinzan Bromac broke when he became squeezed. He did however agree that Mr. Butcher was entitled to be where he was and to move out into the gap.
Under questioning from Mr Taumanu, Mr Blanchard was unsure if legs did touch and felt he had plenty of room. Mr Taumanu in summing up believed both Mr Butcher and Mr Ferguson were perfectly entitled to be where they were and the movement of Mr Blanchards drive caused the breaking and interference.


reasonsfordecision:

The committee concurs with the statements of both effected drivers Mr Ferguson and Mr Butcher that they were entitled to be where they were they were at that particular point in the race. When Mr. Blanchard moved out it tightened immediately Mr Butcher's drive resulting in that horse rearing and galloping. The films clearly show that two horses travelling behind, Barney McGuire (P Ferguson) and Soaring Falcon (T Mitchell) both suffered interference.


Decision:

The protest was upheld and placings changed accordingly to now read:

1st 11
2nd 7
3rd 8
4th 3
5th 2

Horse 9, Major Day, was relegated to 10th place behind horse 5 Soaring Falcon (T Mitchell).

Dividends were authorised to be paid on the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869


Informant: T Taumanu


JockeysandTrainer:


Otherperson:


PersonPresent: Mr D Butcher, Mr P Ferguson, Mr P Blanchard


Respondent: V Blanchard


StipendSteward:


raceid: 762399a72ea90b66dedd21c0e6522aaf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3b87bbb81ec5825e2aa5c60c5c2660d1


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/02/2011


meet_title: Manawatu HRC - 24 February 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TCastles", "Member": "", "OtherExpenses": "0", "KMs": "206", "Total": "127.72", "kmprice": 127.72, "Approved": "on"}]


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: TCastles


meet_pm1: NMcCutcheon


meet_pm2: none


name: Manawatu HRC