Methven TC 24 March 2013 – R 11 (instigating a protest)
ID: JCA13761
Meet Title:
Methven TC - 24 March 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2013/03/24
Race Number:
R1
Decision:
On resuming the hearing we gave our reasons (see above) and advised that the protest was dismissed. There was a direction that dividends and stake money be paid in accordance with the Judge’s original placings.
Facts:
Following the running of Race 11, the Blackwell Contracting Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(7B) by “Billthehuntedone” which finished 1st in the race.
The Judge’s placings in this race were as follows:
1st – Billythehuntedone (4)
2nd – Bite The Dust (2)
3rd – Tyrons Falcon Ella (3)
4th – Midfrew Tarpedium (11)
5th – Greshees Angel (8)
6th – Quick As I Can (13)
The Information reads as follows:
“I the above named informant allege that horse number (4) or its driver breached the provisions of Rule 869(7B) (in that) Billythehuntedone raced inside the pylons for approx. 40 metres in the run home and in doing so gained a run that it was not entitled to.”
Rule 869(7B) provides as follows:
“(7B) Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race except where;
(a) it is established that the breach was caused by interference by another horse or horseman; or
(b) it is established that horse did not gain any advantage from the breach in its finishing place or position.”
The connections of “Billythehuntedone” were represented at this hearing by Mr C. J. DeFilippi, the driver and trainer of that horse.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that when the field entered the home straight “Quick As I Can” was leading with “Billythehuntedone” trailing it. Well into the straight Mr DeFilippi was looking for racing room and he moved out to try and get a run. However room was not available and he resumed his position in the trail. A short distance later Mr DeFilippi moved through on the inside of “Quick As I Can” and in doing so made contact with three track markers before taking the lead and winning the race. Mr Ydgren submitted that “Billythehuntedone” had gained an advantage by moving inside the track markers for a distance of about 40 metres, which was in excess of the allowable 30 metres under Rule 869(7B).
Mr DeFilippi gave evidence that he had waited in the trail until “Quick As I Can” drifted out and left room for him to improve on its inside. As soon as he got there “Quick As I Can” had ducked back in quite sharply and forced him over the marker line. At this time, Mr De Filippi said, his wheel was up inside the wheel of “Quick As I Can”. After this incident “Quick As I Can” again drifted out on the track leaving room on its inside, and Mr DeFilippi said he believed that it had “ducked in” earlier when Mr Payne had used his whip on it.
Mr De Filippi used the head on video coverage to illustrate his evidence. He pointed out where “Quick As I Can” had drifted out on the track and the gap on its inside. Mr De Filippi also said that he knew that “Quick As I Can” was ”green” and inclined to be erratic in its racing manners.
Mr DeFilippi called Mr G. R. Payne, the driver of “Quick As I Can” to give evidence. Mr Payne agreed that his horse was “green. He also confirmed that his horse did duck in when he used his whip on it. At that time it was drifting out on the track, and he expected that it would have continued to do so had he not used his whip.
We adjourned to consider our decision.
Reasons for Decision:
After carefully considering the evidence and the video coverage of this incident we were satisfied that “Billythehuntedone” had raced inside the marker line for a distance in excess of 30 metres. Mr DeFilippi did not dispute this. We were also satisfied, however, that when Mr DeFilippi improved on the inside of “Quick As I Can” there was sufficient room for him to do so and that this gap only closed when “Quick As I Can” ducked in.
In accordance with Rule 869(7B)(a) we were therefore satisfied that it had been established that this breach was caused by interference from “Quick As I Can” and that the 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: 611010eeba05b0d6172180383aa72d49
informantnumber: A4989
horsename: BILLYTHEHUNTEDONE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2013
hearing_title: Methven TC 24 March 2013 - R 11 (instigating a protest)
charge:
facts:
Following the running of Race 11, the Blackwell Contracting Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(7B) by “Billthehuntedone” which finished 1st in the race.
The Judge’s placings in this race were as follows:
1st – Billythehuntedone (4)
2nd – Bite The Dust (2)
3rd – Tyrons Falcon Ella (3)
4th – Midfrew Tarpedium (11)
5th – Greshees Angel (8)
6th – Quick As I Can (13)
The Information reads as follows:
“I the above named informant allege that horse number (4) or its driver breached the provisions of Rule 869(7B) (in that) Billythehuntedone raced inside the pylons for approx. 40 metres in the run home and in doing so gained a run that it was not entitled to.”
Rule 869(7B) provides as follows:
“(7B) Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race except where;
(a) it is established that the breach was caused by interference by another horse or horseman; or
(b) it is established that horse did not gain any advantage from the breach in its finishing place or position.”
The connections of “Billythehuntedone” were represented at this hearing by Mr C. J. DeFilippi, the driver and trainer of that horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that when the field entered the home straight “Quick As I Can” was leading with “Billythehuntedone” trailing it. Well into the straight Mr DeFilippi was looking for racing room and he moved out to try and get a run. However room was not available and he resumed his position in the trail. A short distance later Mr DeFilippi moved through on the inside of “Quick As I Can” and in doing so made contact with three track markers before taking the lead and winning the race. Mr Ydgren submitted that “Billythehuntedone” had gained an advantage by moving inside the track markers for a distance of about 40 metres, which was in excess of the allowable 30 metres under Rule 869(7B).
Mr DeFilippi gave evidence that he had waited in the trail until “Quick As I Can” drifted out and left room for him to improve on its inside. As soon as he got there “Quick As I Can” had ducked back in quite sharply and forced him over the marker line. At this time, Mr De Filippi said, his wheel was up inside the wheel of “Quick As I Can”. After this incident “Quick As I Can” again drifted out on the track leaving room on its inside, and Mr DeFilippi said he believed that it had “ducked in” earlier when Mr Payne had used his whip on it.
Mr De Filippi used the head on video coverage to illustrate his evidence. He pointed out where “Quick As I Can” had drifted out on the track and the gap on its inside. Mr De Filippi also said that he knew that “Quick As I Can” was ”green” and inclined to be erratic in its racing manners.
Mr DeFilippi called Mr G. R. Payne, the driver of “Quick As I Can” to give evidence. Mr Payne agreed that his horse was “green. He also confirmed that his horse did duck in when he used his whip on it. At that time it was drifting out on the track, and he expected that it would have continued to do so had he not used his whip.
We adjourned to consider our decision.
reasonsfordecision:
After carefully considering the evidence and the video coverage of this incident we were satisfied that “Billythehuntedone” had raced inside the marker line for a distance in excess of 30 metres. Mr DeFilippi did not dispute this. We were also satisfied, however, that when Mr DeFilippi improved on the inside of “Quick As I Can” there was sufficient room for him to do so and that this gap only closed when “Quick As I Can” ducked in.
In accordance with Rule 869(7B)(a) we were therefore satisfied that it had been established that this breach was caused by interference from “Quick As I Can” and that the protest should be dismissed.
Decision:
On resuming the hearing we gave our reasons (see above) and advised that the protest was dismissed. There was a direction that dividends and stake money be paid in accordance with the Judge’s original placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(7B)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr G. R. Payne - Open Horseman
Respondent: Mr C. J. DeFillipi - Open Horseman
StipendSteward:
raceid: d3a37ae413da8ff2766cd07d0047e6ed
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: b29685b3d2d7115111299ba4e9cbe52e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/03/2013
meet_title: Methven TC - 24 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Methven TC