Manukau TC – 30 September 2005 –
ID: JCA19592
Hearing Type (Code):
harness-racing
Decision: --
An information instigating a protest lodged by Stipendiary Steward Mr J Muirhead, on behalf of the horse TOP SPIRIT driven by Mr R Paynter, and placed 8th by the judge, against the horse LA BELLA MAFIA driven by Mr P Ferguson, placed 2nd by the judge
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-- ---- An information instigating a protest lodged by Stipendiary Steward Mr J Muirhead, on behalf of the horse TOP SPIRIT driven by Mr R Paynter, and placed 8th by the judge, against the horse LA BELLA MAFIA driven by Mr P Ferguson, placed 2nd by the judge, on the grounds of interference approximately 1600m from the finish. Mr S Reid, trainer, and Mr Ferguson represented the connections of LA BELLA MAFIA. Mr Paynter represented the connections of TOP SPIRIT.
--Mr Muirhead demonstrated the incident by use of the video film, he said Mr Ferguson had moved his horse in too quickly causing TOP SPIRIT to break and settle in last position. He said the chances of the horse finishing in a stake bearing position could have been affected. Mr Paynter confirmed what had occurred as outlined by Mr Muirhead. However, he said that it was hard to say whether or not his chances of finishing in a stake bearing position had been affected because "it was a long way out."
--Mr Ferguson said his horse had an advantage over TOP SPIRIT when he moved inwards and that Mr Paynter had contributed to the incident and he did not believe TOP SPIRIT would have gained a dividend bearing position.
--Decision and Reasons:
--This protest commenced at 6.38pm, 12 minutes before the start time of the next race. The committee did not have sufficient time to decided whether or not Mr Ferguson and his horse had breached the easing down regulation, however, that became irrelevant because there was insufficient evidence before the committee to establish that the chances of TOP SPIRIT gaining a dividend bearing position had been affected. TOP SPIRIT finished in 8th place ? 4.3 lengths behind the 5th horse. TOP SPIRIT was in last place before the incident took place and only lost about 2 lengths and then quickly regained that distance. Taking all those matters into account, the committee was firmly of the view that the chances of TOP SPIRIT gaining a dividend bearing position were not affected and the protest was dismissed.
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Decision Date: 30/09/2005
Publish Date: 30/09/2005
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: 4371264d01ad6d438cc5033ce82266e1
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/09/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manukau TC - 30 September 2005 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information instigating a protest lodged by Stipendiary Steward Mr J Muirhead, on behalf of the horse TOP SPIRIT driven by Mr R Paynter, and placed 8th by the judge, against the horse LA BELLA MAFIA driven by Mr P Ferguson, placed 2nd by the judge
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-- ---- An information instigating a protest lodged by Stipendiary Steward Mr J Muirhead, on behalf of the horse TOP SPIRIT driven by Mr R Paynter, and placed 8th by the judge, against the horse LA BELLA MAFIA driven by Mr P Ferguson, placed 2nd by the judge, on the grounds of interference approximately 1600m from the finish. Mr S Reid, trainer, and Mr Ferguson represented the connections of LA BELLA MAFIA. Mr Paynter represented the connections of TOP SPIRIT.
--Mr Muirhead demonstrated the incident by use of the video film, he said Mr Ferguson had moved his horse in too quickly causing TOP SPIRIT to break and settle in last position. He said the chances of the horse finishing in a stake bearing position could have been affected. Mr Paynter confirmed what had occurred as outlined by Mr Muirhead. However, he said that it was hard to say whether or not his chances of finishing in a stake bearing position had been affected because "it was a long way out."
--Mr Ferguson said his horse had an advantage over TOP SPIRIT when he moved inwards and that Mr Paynter had contributed to the incident and he did not believe TOP SPIRIT would have gained a dividend bearing position.
--Decision and Reasons:
--This protest commenced at 6.38pm, 12 minutes before the start time of the next race. The committee did not have sufficient time to decided whether or not Mr Ferguson and his horse had breached the easing down regulation, however, that became irrelevant because there was insufficient evidence before the committee to establish that the chances of TOP SPIRIT gaining a dividend bearing position had been affected. TOP SPIRIT finished in 8th place ? 4.3 lengths behind the 5th horse. TOP SPIRIT was in last place before the incident took place and only lost about 2 lengths and then quickly regained that distance. Taking all those matters into account, the committee was firmly of the view that the chances of TOP SPIRIT gaining a dividend bearing position were not affected and the protest was dismissed.
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
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