Marlborough HRC 15 January 2012 – R 2 (instigating a protest)

hearingid: 1340eb2541bfef1a088566898a909e08

informantnumber: A5076

horsename: SIMON SIVAD

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 01/01/2012

hearing_title: Marlborough HRC 15 January 2012 - R 2 (instigating a protest)

charge:

facts:

Following the running of Race 2, the “Springfresh Maiden Mobile Pace” an Information Instigating a Protest was filed by Stipendiary Steward N G McIntyre alleging interference by “Simon Sivad” (2), driven by Mr C De Filippi, to “Deb’s Pal” (1), driven by Mr G Smith.

The Judges placings in this race were as follows:

1st – Simon Sivad (2)
2nd - Hilarious Lavra (12)
3rd - Carpet Bagger (5)
4th - Garbo (9)
5th - Light The Fuse (4)
6th - Kellyrox (7)

The Information reads as follows:

“Simon Sivad” shifted out in the run home resulting in Deb’s Pal breaking and losing its chance.

Rule 869 (8) provides as follows:

“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 contact 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-

(c) immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby”

appealdecision:

isappeal:

submissionsfordecision:

Stipendiary Steward Mr McIntyre used race video footage of the race to illustrate that in the run home “Simon Sivad” being driven by Mr De Filippi was leading on the marker line. “Deb’s Pal” being driven by Mr Smith was following Mr De Filippi and went to pull off his back.

Mr Smith gave evidence that at that stage he had looked down to pull the hood and asked “Debs Pal” to go at the same time. He said that Mr De Filippi’s horse must have drifted out as he, Mr Smith, went to improve around “Simon Sivad”. Mr Smith said that he had experienced no problems with his horse up to that time. He also stated that he did not believe there had been contact but that the incident was the sole cause of his horse going into a break loosing any chance in the race.

Mr De Filippi said that he did not deny that his horse had moved out and caused interference to “Deb’s Pal”. He said that he did not believe there had been any contact. Mr De Filippi said that he had gone for the whip and his horse had run out. He estimated that he had moved out about half a cart width. That he had immediately corrected the horse. He gave evidence that while he accepted that his horse had caused some interference, it had resulted from a number of factors including the age and inexperience of Mr Smith’s horse, the hood being removed as it was being asked to change ground and improve.

Mr McIntyre submitted that there did not need to be contact between the horses for the protest to be upheld.

Mr Davis submitted that he believed that as “Deb’s Pal” began to come out that it had started to lose its gait. Also that Deb’s Pal had sufficient room. That “Deb’s Pal” may have been pulled out a bit hard when the hood came off, and that this may have contributed to the horse going into a break.

Mr McIntyre made a submission that the interference caused by “Simon Sivad” resulted in “Deb’s Pal” going into a break and losing its chance in the race. That “Simon Sivad” should be relegated to behind “Deb’s Pal”.

reasonsfordecision:

From evidence given and from viewing the race video, the panel concluded that “Simon Sivad” began to drift of the marker line in the run home and when urged on by Mr De Filippi had moved out more sharply. This caused “Deb’s Pal” which was looking to improve on the outside, to go into a break and loose its chance in the race. “Deb’s Pal” finished in 7th position. There was no evidence that contact between the horses or their gear was made but we agree with the submissions of Mr McIntyre that this was not a requirement in order to uphold the protest.

Both Mr De Filippi and Mr Davis made submissions as to possible contributing reasons why “Deb’s Pal” may have broken. Mr Smith gave evidence that the interference was the sole reason for the horse going into a break. Our observations supported Mr Smith’s evidence as to the impact that the interference had, and that he had lost any chance in the race because of it.

Decision:

The protest was upheld, and “Simon Savid” was relegated to 7th position behind “Deb’s Pal”. The revised placings are as follows:

1st -  Hilarious Lavra (12)
2nd - Carpet Bagger (5)
3rd - Garbo (9)
4th - Light The Fuse (4)
5th - Kellyrox (7)
6th - Deb’s Pal (1)
 

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 869(8)

Informant: Mr NG McIntyre - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr G Smith - Open Horseman, Mr IE Davis - Part Owner of SIMON SIVAD, Mr McNee - Representing Mr Davis at decision

Respondent: Mr C De Filippi - Open Horseman

StipendSteward:

raceid: 640bb60bbc48a8af63f0f639f5341838

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 2

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: b10346d255fc600cf1ad631f2b1796ae

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 15/01/2012

meet_title: Marlborough HRC - 15 January 2012

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: marlborough-hrc

meet_racingtype: harness-racing

meet_chair: JMillar

meet_pm1: JPhelan

meet_pm2: none

name: Marlborough HRC