Marlborough RC – 26 April 2009 – Race 1
ID: JCA22387
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Marlborough RC - 26 April 2009
Race Date:
2009/04/26
Race Number:
Race 1
Decision:
Following the running of Race 1, the Precast Marlborough Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(8). It was alleged that FLUCTUATE (11) had caused interference to MISTER FANTASY (2) with1000 metres to run.
--
Following the running of Race 1, the Precast Marlborough Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(8). It was alleged that FLUCTUATE (11) had caused interference to MISTER FANTASY (2) with1000 metres to run.
--The Information reads as follows.
--“This is a protest by horse number (2) placed 9th by the judge against horse number (11) placed 2nd by the judge – the interference occurred with 1000m to run.”
--Rule 869(8) reads 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 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.
Mr Curtin advised that he would represent the interests of the trainer and owner of FLUCTUATE.
Mr Ydgren gave evidence and used video coverage to show that with about 1000 metres to run Mr Curtin moved forward to take the lead off FLAXTON FUN (5) driven by Mr M. P. Kerr. In making this move there was interference to FLAXTON FUN which had to be restrained and, in turn, this horse interfered with MISTER FANTASY (2) driven by Mr K. D. Townley. As a result of this interference MISTER FANTASY lost its chance in the race.
Mr Kerr gave evidence that FLUCTUATE appeared to shy at something when taking the lead, and he placed no blame on Mr Curtin. Mr Kerr confirmed that he was tightened and had to restrain his horse back on to Mr Townley’s horse.
--Mr Townley gave evidence that as a result of this incident he ended up inside the marker line and his horse broke and lost its chance in the race.
--Mr Curtin gave evidence that his horse had shied at a truck on the outside of the track, and had moved in on to the marker line too quickly. Mr Curtin did not believe his horse should be relegated.
--We adjourned to consider our decision. We were satisfied that there had been interference to MISTER FANTASY as alleged, and that this horse had lost its chance in the race. We were satisfied that the protest should be upheld for these reasons.
--On returning to the Enquiry Room we were advised that Mr Curtin was out on the track preparing for the start of Race 2. We advised that a full written decision would be prepared later, and that the protest was upheld. Accordingly FLUCTUATE was relegated to 9th place behind MISTER FANTASY. The amended places are as follow.
--1st – ALTA DELILAH (15)
2nd – FLATON FUN (5)
3rd – SUNSET DREAM (6)
4th – VAN ESTEEM (16)
5th – WEST TEXAS RULE (4)
6th – ROB AROUND TOWN (1)
Footnote:
--The Information stated that MISTER FANTASY had finished in 9th place, and the print out of the official result of this race seemed to show this. However the official result on the Harness Racing web site shows that MISTER FANTASY originally actually finished in 10th place. The official result of the race therefore shows that MISTER FANTASY finished 9th and FLUCTUATE 10th in this race.
----
J. M. Phelan
Chairman
14551 Protest
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: c16cdd8013c1ae2a293419983273b638
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 26/04/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Marlborough RC - 26 April 2009 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 1, the Precast Marlborough Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(8). It was alleged that FLUCTUATE (11) had caused interference to MISTER FANTASY (2) with1000 metres to run.
--
Following the running of Race 1, the Precast Marlborough Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(8). It was alleged that FLUCTUATE (11) had caused interference to MISTER FANTASY (2) with1000 metres to run.
--The Information reads as follows.
--“This is a protest by horse number (2) placed 9th by the judge against horse number (11) placed 2nd by the judge – the interference occurred with 1000m to run.”
--Rule 869(8) reads 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 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.
Mr Curtin advised that he would represent the interests of the trainer and owner of FLUCTUATE.
Mr Ydgren gave evidence and used video coverage to show that with about 1000 metres to run Mr Curtin moved forward to take the lead off FLAXTON FUN (5) driven by Mr M. P. Kerr. In making this move there was interference to FLAXTON FUN which had to be restrained and, in turn, this horse interfered with MISTER FANTASY (2) driven by Mr K. D. Townley. As a result of this interference MISTER FANTASY lost its chance in the race.
Mr Kerr gave evidence that FLUCTUATE appeared to shy at something when taking the lead, and he placed no blame on Mr Curtin. Mr Kerr confirmed that he was tightened and had to restrain his horse back on to Mr Townley’s horse.
--Mr Townley gave evidence that as a result of this incident he ended up inside the marker line and his horse broke and lost its chance in the race.
--Mr Curtin gave evidence that his horse had shied at a truck on the outside of the track, and had moved in on to the marker line too quickly. Mr Curtin did not believe his horse should be relegated.
--We adjourned to consider our decision. We were satisfied that there had been interference to MISTER FANTASY as alleged, and that this horse had lost its chance in the race. We were satisfied that the protest should be upheld for these reasons.
--On returning to the Enquiry Room we were advised that Mr Curtin was out on the track preparing for the start of Race 2. We advised that a full written decision would be prepared later, and that the protest was upheld. Accordingly FLUCTUATE was relegated to 9th place behind MISTER FANTASY. The amended places are as follow.
--1st – ALTA DELILAH (15)
2nd – FLATON FUN (5)
3rd – SUNSET DREAM (6)
4th – VAN ESTEEM (16)
5th – WEST TEXAS RULE (4)
6th – ROB AROUND TOWN (1)
Footnote:
--The Information stated that MISTER FANTASY had finished in 9th place, and the print out of the official result of this race seemed to show this. However the official result on the Harness Racing web site shows that MISTER FANTASY originally actually finished in 10th place. The official result of the race therefore shows that MISTER FANTASY finished 9th and FLUCTUATE 10th in this race.
----
J. M. Phelan
Chairman
14551 Protest
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.8
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bf0cfaaf44bc944c650b7673d8d9d74f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d6cbcdc8abf54ff42e0b8cd43a5cd758
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/04/2009
meet_title: Marlborough RC - 26 April 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-rc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Marlborough RC