Methven TC – 28 March 2010 – R 3
ID: JCA22401
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 28 March 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/03/28
Race Number:
R 3
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No: 13984 (Instigating a Protest)
--Meeting: Methven Trotting Club
--Date: 28 March 2010
--Venue: Methven Racecourse
--Race 3: McGirr Family Fillies & Mares Mobile Pace
--Rule: 869(7A)(b) and (8)(a)
--Judicial Chairman: J. M. Phelan, Committee: S. C. Ching
--Appearing: Informant: Stipendiary Steward Mr N. G. McIntyre
--Defendant: Mr S. P. Walkinshaw
----
DECISION AND REASONS:
----
--
Following the running of Race 3, the McGirr Family Fillies & Mares Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(7A)(b) and (8)(a) by the 3rd placed horse, “Jasper The Ghost” (1).
----
The information reads as follows.
----
“This is a protest against horse number (1) placed 3rd by the judge on the grounds of 869(7A)(b) and (8)(a) – Jasper The Ghost shifted inside a marker to obtain a run on the inside of the lead horse Aziza.”
----
Rules 869(7A)(b) and (8)(a) read as follows.
----
“(7A) Every horseman who moves inwards shall ensure:
----
(a) …..
----
(b) that any part of the sulky does not protrude inside the marker line
----
“(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) ….
--immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.”
----
The driver of “Jasper The Ghost” (1), Mr S. P. Walkinshaw, attended the hearing and he represented the connections of that horse.
----
Mr McIntyre gave evidence and used video coverage to show that “Jasper The Ghost” raced in the trail behind “Aziza” (5). With about 250 metres to run this horse tried to pass “Aziza” on the inside, but in doing so the inside sulky wheel went inside one marker and brushed the next one.
----
It was the Stipendiary Steward’s case that in making this move there was a breach of Rule 869(7A)(b) which enabled “Jasper The Ghost” to gain an advantage over the horses that finished behind it.
----
Mr Walkinshaw said that his horse ducked in quite sharply, but that he corrected this movement straight away.
----
It was also established during the hearing that this incident had no effect on “Aziza” which finished 2nd or the race winner, “Aguilera” (9). The margin between “Jasper The Ghost” and the 4th placed horse was 7¾ lengths.
----
After hearing the evidence we adjourned to consider our decision. We were satisfied that in accordance with Rule 869(8)(a) we had to be satisfied that by moving inside the marker “Jasper The Ghost” gained an advantage over the horses that finished behind it. “Jasper The Ghost” was beaten home by “Aziza”, which it tried to pass on the inside. The rest of the field was 7¾ lengths or more away, and it was clear to us that “Jasper The Ghost” had not gained an advantage as alleged. We therefore determined that the protest would be dismissed.
----
On resuming the hearing the parties were advised the protest was dismissed, and that full reasons (as set out above) would be given later.
----
--
J. M. Phelan S. C. Ching
--CHAIR Committee Member
--13984
----
--
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: c3f345a3d28ddd19389b6a129494c055
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/03/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC - 28 March 2010 - R 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Information No: 13984 (Instigating a Protest)
--Meeting: Methven Trotting Club
--Date: 28 March 2010
--Venue: Methven Racecourse
--Race 3: McGirr Family Fillies & Mares Mobile Pace
--Rule: 869(7A)(b) and (8)(a)
--Judicial Chairman: J. M. Phelan, Committee: S. C. Ching
--Appearing: Informant: Stipendiary Steward Mr N. G. McIntyre
--Defendant: Mr S. P. Walkinshaw
----
DECISION AND REASONS:
----
--
Following the running of Race 3, the McGirr Family Fillies & Mares Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(7A)(b) and (8)(a) by the 3rd placed horse, “Jasper The Ghost” (1).
----
The information reads as follows.
----
“This is a protest against horse number (1) placed 3rd by the judge on the grounds of 869(7A)(b) and (8)(a) – Jasper The Ghost shifted inside a marker to obtain a run on the inside of the lead horse Aziza.”
----
Rules 869(7A)(b) and (8)(a) read as follows.
----
“(7A) Every horseman who moves inwards shall ensure:
----
(a) …..
----
(b) that any part of the sulky does not protrude inside the marker line
----
“(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) ….
--immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.”
----
The driver of “Jasper The Ghost” (1), Mr S. P. Walkinshaw, attended the hearing and he represented the connections of that horse.
----
Mr McIntyre gave evidence and used video coverage to show that “Jasper The Ghost” raced in the trail behind “Aziza” (5). With about 250 metres to run this horse tried to pass “Aziza” on the inside, but in doing so the inside sulky wheel went inside one marker and brushed the next one.
----
It was the Stipendiary Steward’s case that in making this move there was a breach of Rule 869(7A)(b) which enabled “Jasper The Ghost” to gain an advantage over the horses that finished behind it.
----
Mr Walkinshaw said that his horse ducked in quite sharply, but that he corrected this movement straight away.
----
It was also established during the hearing that this incident had no effect on “Aziza” which finished 2nd or the race winner, “Aguilera” (9). The margin between “Jasper The Ghost” and the 4th placed horse was 7¾ lengths.
----
After hearing the evidence we adjourned to consider our decision. We were satisfied that in accordance with Rule 869(8)(a) we had to be satisfied that by moving inside the marker “Jasper The Ghost” gained an advantage over the horses that finished behind it. “Jasper The Ghost” was beaten home by “Aziza”, which it tried to pass on the inside. The rest of the field was 7¾ lengths or more away, and it was clear to us that “Jasper The Ghost” had not gained an advantage as alleged. We therefore determined that the protest would be dismissed.
----
On resuming the hearing the parties were advised the protest was dismissed, and that full reasons (as set out above) would be given later.
----
--
J. M. Phelan S. C. Ching
--CHAIR Committee Member
--13984
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(7A)(b) and (8)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ef9484b720aec3a7e6154bbe9fa4888c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
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race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4eff0d3885f7d7f32de55df3dd9f47ff
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/03/2010
meet_title: Methven TC - 28 March 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Methven TC