Marlborough HRC – 1 May 2011 – R 2 (instigating a protest)
ID: JCA12589
Meet Title:
Marlborough HRC - 1 May 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2011/05/01
Race Number:
R1
Decision:
On resuming the hearing we advised the parties of our reasons, and that the protest was dismissed. The Judge’s placings were confirmed.
Facts:
Following the running of Race 2, the Don Boese Memorial Mobile Pace, an Information Instigating a Protest was filed by Open Horseman Mr B. Weaver alleging a breach of Rules 869(4), (6)(b) and (c) and (8), the push out rule, by “Flashbang” (2), which finished first and which allegedly interfered with “Hollywood Sue” (14) which finished 5th.
The Judges official placings in this race were as follows.
1st – Flashbang (2)
2nd – Jayz Machine (10)
3rd – Ireby Bazil Brush (9)
4th – Eaglehurst (5)
5th – Hollywood Sue (14)
6th – Jass (7)
The Information reads as follows.
“This is a protest by horse number (14) placed 5th by the Judge against horse number (2) placed first by the Judge on the grounds of Push Out regulations, Rule 869(4), (6)(b) and (c).”
Rules 869(4), (6)(b) and (c) and (8) provide as follows.
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
(8)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 connections of “Hollywood Sue” were represented at this hearing by Mr Weaver, who is the trainer, driver and part owner of that horse. Mr S. P. Doody represented the connections of “Flashbang”.
Submissions for Decision:
Stipendiary Steward Mr Neal used video coverage of this incident to show that at about the 1200 metre mark Mr Doody had moved his horse off the fence into the two wide line, and that at the same time Mr Weaver was seen to move three wide. Mr Neal explained that the video coverage of this incident was very unclear, as it was taken from the inside of the track, and there was no head on view.
Mr Weaver gave evidence that he was following Mr Butt’s horse (“Jayz Machine”) two wide and that he then found himself three wide. Mr Weaver also said that his horse has a slight tendency to run out.
Mr Doody gave evidence that he moved out into the two wide line when a spot became available, and that he was entitled to move into this spot, and did so without touching or causing interference to any other horse.
After hearing the evidence we adjourned to consider our decision.
Reasons for Decision:
After carefully considering the evidence and the video coverage we were not satisfied that there was any satisfactory evidence that “Hollywood Sue” had been pushed three wide, in breach of the “push out” rule, as alleged by Mr Weaver. We were therefore satisfied that this protest should be dismissed.
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: 3b938a544072c452b96a5902e40f6f84
informantnumber: 14512
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/04/2011
hearing_title: Marlborough HRC - 1 May 2011 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, the Don Boese Memorial Mobile Pace, an Information Instigating a Protest was filed by Open Horseman Mr B. Weaver alleging a breach of Rules 869(4), (6)(b) and (c) and (8), the push out rule, by “Flashbang” (2), which finished first and which allegedly interfered with “Hollywood Sue” (14) which finished 5th.
The Judges official placings in this race were as follows.
1st – Flashbang (2)
2nd – Jayz Machine (10)
3rd – Ireby Bazil Brush (9)
4th – Eaglehurst (5)
5th – Hollywood Sue (14)
6th – Jass (7)
The Information reads as follows.
“This is a protest by horse number (14) placed 5th by the Judge against horse number (2) placed first by the Judge on the grounds of Push Out regulations, Rule 869(4), (6)(b) and (c).”
Rules 869(4), (6)(b) and (c) and (8) provide as follows.
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
(8)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 connections of “Hollywood Sue” were represented at this hearing by Mr Weaver, who is the trainer, driver and part owner of that horse. Mr S. P. Doody represented the connections of “Flashbang”.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr Neal used video coverage of this incident to show that at about the 1200 metre mark Mr Doody had moved his horse off the fence into the two wide line, and that at the same time Mr Weaver was seen to move three wide. Mr Neal explained that the video coverage of this incident was very unclear, as it was taken from the inside of the track, and there was no head on view.
Mr Weaver gave evidence that he was following Mr Butt’s horse (“Jayz Machine”) two wide and that he then found himself three wide. Mr Weaver also said that his horse has a slight tendency to run out.
Mr Doody gave evidence that he moved out into the two wide line when a spot became available, and that he was entitled to move into this spot, and did so without touching or causing interference to any other horse.
After hearing the evidence we adjourned to consider our decision.
reasonsfordecision:
After carefully considering the evidence and the video coverage we were not satisfied that there was any satisfactory evidence that “Hollywood Sue” had been pushed three wide, in breach of the “push out” rule, as alleged by Mr Weaver. We were therefore satisfied that this protest should be dismissed.
Decision:
On resuming the hearing we advised the parties of our reasons, and that the protest was dismissed. The Judge’s placings were confirmed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4), (6)(b) and (c) and (8)
Informant: Mr B. Weaver - Open Horseman
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr S. P. Doody - Open Horseman
StipendSteward:
raceid: 997b035aeee8a5b94eca8f8dd67d1d6a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f491f3b5d660398eed39e5ca4ce21b50
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/05/2011
meet_title: Marlborough HRC - 1 May 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: Marlborough HRC