Methven TC 18 October 2015 – R 3 (instigating a protest) – Chair, R McKenzie
ID: JCA12821
Meet Title:
Methven TC - 18 October 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/10/18
Race Number:
R3
Decision:
The protest was upheld and LIVING GLORY was relegated to 2nd placing. Consequent upon the relegation, the amended placings for the race are as follows:
1st 15 Golden Desire
2nd 8 Living Glory
3rd 14 Extreme Guest
4th 1 Go One Bettor
5th 7 Formula One
It was ordered that dividends and stake monies be paid in accordance with that amended result.
Facts:
Following the running of Race 3, Methven Panel & Paint Limited Pace, an information instigating a protest was filed by Stipendiary Steward, Mr J M McLaughlin, against LIVING GLORY (G D Smith), placed 1st by the judge, alleging that it interfered with the chances of GOLDEN DESIRE (M G Heenan), placed 2nd by the judge, on the grounds of “interference in the run home”.
Mr G D Smith, driver of LIVING GLORY, was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing.
The judge’s placings were as follows:
1st 8 Living Glory
2nd 15 Golden Desire
3rd 14 Extreme Guest
4th 1 Go One Bettor
5th 7 Formula One
The official margin between 1st and 2nd was a nose.
Rule 869A provides as follows:
(1) For the purposes of this rule:
(a) “placed horse” means a horse placed by the judge 1st, 2nd, 3rd, 4th or 5th;
(b) “interference” means any conduct referred to in rule 869 which interferes or is likely to interfere with the progress of any horse in a race.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Submissions for Decision:
Mr McLaughlin had Co-Chief Stipendiary Steward, Mr N G McIntyre, show video replays of the final stages of the race, from about the 300 metres. He pointed out LIVING GLORY, driven by Mr Smith, leading the field into the home straight for the final time with GOLDEN DESIRE (M G Heenan) racing outside of and just behind LIVING GLORY. At that point, Mr Smith’s horse was already racing 2-3 cart widths away from the marker line. It continued to shift out, forcing Mr Heenan over extra ground. Close to the post, Mr McIntyre submitted, Mr Smith’s sulky wheel could be seen to get in front of Mr Heenan’s, resulting in Mr Heenan not being able to get past and having to shift even further out. Mr Smith had shifted out, conservatively, a further two cart widths from the point at which he reached the passing lane, Mr McIntyre submitted.
Mr McIntyre said that Mr Heenan had been able to continue driving his horse but LIVING GLORY was required to maintain as straight a course as possible. It was for the Committee to decide whether, but for Mr Smith forcing Mr Heenan 3 cart-widths wider in the run home, Mr Heenan would have won the race. Mr McIntyre stressed that the margin between 1st and 2nd at the finish was a nose.
Mr Heenan said that Mr Smith had attempted to keep his horse running straight but it had run out. Mr Heenan accepted that he was able to keep driving his horse out. He said that he agreed with everything that Mr McIntyre had said. In response to a question from the Committee, Mr Heenan said that there had been some contact between the two sulkies just before the finishing line.
Mr Smith accepted that his horse had run out “a couple of cart widths” in the run home. He submitted that Mr Heenan had not had to stop driving his horse and it had not lost momentum. It had come out with his horse. He said that they had “crossed wheels” some 30-40 metres before the finishing line but only the stays, and not the wheels, had touched. He submitted that Mr Heenan’s progress had not been impeded. He had “fought hard” to keep his own horse straight which had cost it momentum and quite a bit of ground, he said.
Reasons for Decision:
The Committee’s first task was to determine whether LIVING GLORY had caused interference to GOLDEN DESIRE as alleged in the information. The Committee was satisfied from the evidence, and it was particularly evident from the head-on video replay, that LIVING GLORY had failed to maintain a straight course in the home straight and, for almost the entire length of the straight, it had continued to shift out, up to 3 cart widths, forcing GOLDEN DESIRE out with it. Of particular significance, was the clear video evidence that, approximately 40 metres from the finishing line, Mr Smith’s right-hand sulky wheel had got inside and in front of the inside sulky wheel of Mr Heenan’s runner. This would, clearly, have impeded Mr Heenan’s forward progress. We are satisfied that interference took place.
Having found that interference took place, it was then necessary for the Committee to determine whether, in its opinion, GOLDEN DESIRE would have finished ahead of LIVING GLORY but for that interference. For the reasons given and having regard to the margin of a nose between the two runners at the finish, which was a compelling factor, the Committee was satisfied that it would have done so.
JCA Decision Fields (raw)
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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: 5c7bf2ca0803176a8208e90ce186f3a5
informantnumber: A5421
horsename: Living Glory
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 21/10/2015
hearing_title: Methven TC 18 October 2015 - R 3 (instigating a protest) - Chair, R McKenzie
charge:
facts:
Following the running of Race 3, Methven Panel & Paint Limited Pace, an information instigating a protest was filed by Stipendiary Steward, Mr J M McLaughlin, against LIVING GLORY (G D Smith), placed 1st by the judge, alleging that it interfered with the chances of GOLDEN DESIRE (M G Heenan), placed 2nd by the judge, on the grounds of “interference in the run home”.
Mr G D Smith, driver of LIVING GLORY, was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing.
The judge’s placings were as follows:
1st 8 Living Glory
2nd 15 Golden Desire
3rd 14 Extreme Guest
4th 1 Go One Bettor
5th 7 Formula One
The official margin between 1st and 2nd was a nose.
Rule 869A provides as follows:
(1) For the purposes of this rule:
(a) “placed horse” means a horse placed by the judge 1st, 2nd, 3rd, 4th or 5th;
(b) “interference” means any conduct referred to in rule 869 which interferes or is likely to interfere with the progress of any horse in a race.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin had Co-Chief Stipendiary Steward, Mr N G McIntyre, show video replays of the final stages of the race, from about the 300 metres. He pointed out LIVING GLORY, driven by Mr Smith, leading the field into the home straight for the final time with GOLDEN DESIRE (M G Heenan) racing outside of and just behind LIVING GLORY. At that point, Mr Smith’s horse was already racing 2-3 cart widths away from the marker line. It continued to shift out, forcing Mr Heenan over extra ground. Close to the post, Mr McIntyre submitted, Mr Smith’s sulky wheel could be seen to get in front of Mr Heenan’s, resulting in Mr Heenan not being able to get past and having to shift even further out. Mr Smith had shifted out, conservatively, a further two cart widths from the point at which he reached the passing lane, Mr McIntyre submitted.
Mr McIntyre said that Mr Heenan had been able to continue driving his horse but LIVING GLORY was required to maintain as straight a course as possible. It was for the Committee to decide whether, but for Mr Smith forcing Mr Heenan 3 cart-widths wider in the run home, Mr Heenan would have won the race. Mr McIntyre stressed that the margin between 1st and 2nd at the finish was a nose.
Mr Heenan said that Mr Smith had attempted to keep his horse running straight but it had run out. Mr Heenan accepted that he was able to keep driving his horse out. He said that he agreed with everything that Mr McIntyre had said. In response to a question from the Committee, Mr Heenan said that there had been some contact between the two sulkies just before the finishing line.
Mr Smith accepted that his horse had run out “a couple of cart widths” in the run home. He submitted that Mr Heenan had not had to stop driving his horse and it had not lost momentum. It had come out with his horse. He said that they had “crossed wheels” some 30-40 metres before the finishing line but only the stays, and not the wheels, had touched. He submitted that Mr Heenan’s progress had not been impeded. He had “fought hard” to keep his own horse straight which had cost it momentum and quite a bit of ground, he said.
reasonsfordecision:
The Committee’s first task was to determine whether LIVING GLORY had caused interference to GOLDEN DESIRE as alleged in the information. The Committee was satisfied from the evidence, and it was particularly evident from the head-on video replay, that LIVING GLORY had failed to maintain a straight course in the home straight and, for almost the entire length of the straight, it had continued to shift out, up to 3 cart widths, forcing GOLDEN DESIRE out with it. Of particular significance, was the clear video evidence that, approximately 40 metres from the finishing line, Mr Smith’s right-hand sulky wheel had got inside and in front of the inside sulky wheel of Mr Heenan’s runner. This would, clearly, have impeded Mr Heenan’s forward progress. We are satisfied that interference took place.
Having found that interference took place, it was then necessary for the Committee to determine whether, in its opinion, GOLDEN DESIRE would have finished ahead of LIVING GLORY but for that interference. For the reasons given and having regard to the margin of a nose between the two runners at the finish, which was a compelling factor, the Committee was satisfied that it would have done so.
Decision:
The protest was upheld and LIVING GLORY was relegated to 2nd placing. Consequent upon the relegation, the amended placings for the race are as follows:
1st 15 Golden Desire
2nd 8 Living Glory
3rd 14 Extreme Guest
4th 1 Go One Bettor
5th 7 Formula One
It was ordered that dividends and stake monies be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A(1)&(2)
Informant: J M McLaughlin, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: M G Heenan, Licensed Open Horseman, Mr N G McIntyre - Co-Chief Stipendiary Steward
Respondent: G D Smith, Licensed Open Horseman
StipendSteward:
raceid: 791048054621563c2df988bc9bbe73bc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3a8a2fdf0ab8dd742c97c9adc5a00f8b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/10/2015
meet_title: Methven TC - 18 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Methven TC