Methven TC 3 December 2017 – R 3 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA14964
Meet Title:
Methven TC - 3 December 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/12/03
Race Number:
R3
Decision:
The protest was upheld and AWAYOVERNIGHT was relegated to 4th placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st 15 Kylie Ann
2nd 10 Motu Bettor Be Quick
3rd 11 Sounds Bettor
4th 2 Awayovernight
5th 1 Silent Shadow
6th 5 The Doorman
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 3, Ray Mayne Hose & Fittings Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against AWAYOVERNIGHT (R A Payne), placed 3nd by the judge, on the ground that it interfered with the chances of SOUNDS BETTOR (L F O’Reilly), placed 4th by the judge, in that it “shifted outwards in the run home hampering SOUNDS BETTOR”.
Mr Payne was present at the hearing of the information and he indicated that he was representing the connections of AWAYOVERNIGHT at the protest hearing.
The judge’s placings were as follows:
1st 15 Kylie Ann
2nd 10 Motu Bettor Be Quick
3rd 2 Awayovernight
4th 11 Sounds Bettor
5th 1 Silent Shadow
6th 5 The Doorman
The official margin between 3rd and 4th was a long head.
Rule 869A provides:
(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 Wallis showed video replays of the final 400 metres of the race. He pointed out SOUNDS BETTOR, driven by Mr O’Reilly, improving 4-wide as the field entered the final straight. Mr Payne, driver of AWAYOVERNIGHT, eased his horse out from the trail behind the leader just prior to the turn to improve 3-wide, to the inside of SOUNDS BETTOR.
Mr Wallis referred to the side-on video replay and submitted that AWAYOVERNIGHT had shifted up the track “a considerable distance”. He let the video run to the finishing line. The margin between 3rd and 4th at the finish was a long head. He then showed the head-on video. He submitted that this highlighted the distance that Mr Payne’s horse had moved up the track over the concluding stages.
Mr O’Reilly said that he believed he would have beaten Mr Payne’s horse home but for being forced to run wider in the straight. Towards the finish, Mr Payne’s sulky was pushing into his, he said. He also had to stop driving at that stage, he said in response to a question from the Committee. He was gaining ground at that stage and the sulkies coming together had impeded his progress, he said. It was established that this took place approximately 35 metres from the finishing line.
Mr Wallis submitted that Mr O’Reilly had come from a length behind Mr Payne and had continued to make ground, to be beaten by a long head. He confirmed that the sulkies of the two runners had touched just short of the finishing line. Stewards supported Mr O’Reilly’s belief that the interference had cost his horse 3rd placing.
Mr Payne agreed that his horse had “hung out bad” and run up the track. However, he believed that Mr O’Reilly had his chance to beat him home. At no stage, did Mr O’Reilly have to stop driving his horse. He did not believe that Mr O’Reilly’s horse had been cost the higher placing.
Reasons for Decision:
It was clear from the video replays, and particularly the head-on shown to the hearing, that AWAYOVERNIGHT had shifted out wider on the track in the final 200-250 metres. SOUNDS BETTOR had been making ground on its outside at that stage but was taken wider by the outwards movement of AWAYOVERNIGHT. Clearly interference had taken place and the Committee needed to determine whether SOUNDS BETTOR would have finished ahead of AWAYOVERNIGHT but for that interference.
In determining that matter, the Committee had regard to a number of factors. The degree of interference was, in the Committee’s view significant, AWAYOVERNIGHT having shifted out some 4-5 sulky widths and taking the rightful line of SOUNDS BETTOR in so doing, taking that runner out with it.
Mr O’Reilly’s evidence was that he would have beaten AWAYOVERNIGHT but for the interference received. He was forced over considerable extra ground while making ground on AWAYOVERNIGHT. We believe that its chances were further affected when the sulkies of the two runners came together some 35 metres from the finish.
Probably the most compelling factor was the margin of a long head between the two runners at the finish, which margin appeared to be shortening until the final incident of interference when the sulkies came together a stated. As pointed out by Mr Wallis, SOUNDS BETTOR had been a length behind AWAYOVERNIGHT at the point where the latter runner’s outwards movement commenced.
The Committee was comfortably satisfied that AWAYOVERNIGHT had caused interference to SOUNDS BETTOR and, further, that SOUNDS BETTOR would have finished ahead of AWAYOVERNIGHT had that interference not taken place.
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: 9242ad9687ff4d36e9ad387271859d04
informantnumber: A10201
horsename: Awayovernight
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 05/12/2017
hearing_title: Methven TC 3 December 2017 - R 3 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, Ray Mayne Hose & Fittings Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against AWAYOVERNIGHT (R A Payne), placed 3nd by the judge, on the ground that it interfered with the chances of SOUNDS BETTOR (L F O’Reilly), placed 4th by the judge, in that it “shifted outwards in the run home hampering SOUNDS BETTOR”.
Mr Payne was present at the hearing of the information and he indicated that he was representing the connections of AWAYOVERNIGHT at the protest hearing.
The judge’s placings were as follows:
1st 15 Kylie Ann
2nd 10 Motu Bettor Be Quick
3rd 2 Awayovernight
4th 11 Sounds Bettor
5th 1 Silent Shadow
6th 5 The Doorman
The official margin between 3rd and 4th was a long head.
Rule 869A provides:
(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 Wallis showed video replays of the final 400 metres of the race. He pointed out SOUNDS BETTOR, driven by Mr O’Reilly, improving 4-wide as the field entered the final straight. Mr Payne, driver of AWAYOVERNIGHT, eased his horse out from the trail behind the leader just prior to the turn to improve 3-wide, to the inside of SOUNDS BETTOR.
Mr Wallis referred to the side-on video replay and submitted that AWAYOVERNIGHT had shifted up the track “a considerable distance”. He let the video run to the finishing line. The margin between 3rd and 4th at the finish was a long head. He then showed the head-on video. He submitted that this highlighted the distance that Mr Payne’s horse had moved up the track over the concluding stages.
Mr O’Reilly said that he believed he would have beaten Mr Payne’s horse home but for being forced to run wider in the straight. Towards the finish, Mr Payne’s sulky was pushing into his, he said. He also had to stop driving at that stage, he said in response to a question from the Committee. He was gaining ground at that stage and the sulkies coming together had impeded his progress, he said. It was established that this took place approximately 35 metres from the finishing line.
Mr Wallis submitted that Mr O’Reilly had come from a length behind Mr Payne and had continued to make ground, to be beaten by a long head. He confirmed that the sulkies of the two runners had touched just short of the finishing line. Stewards supported Mr O’Reilly’s belief that the interference had cost his horse 3rd placing.
Mr Payne agreed that his horse had “hung out bad” and run up the track. However, he believed that Mr O’Reilly had his chance to beat him home. At no stage, did Mr O’Reilly have to stop driving his horse. He did not believe that Mr O’Reilly’s horse had been cost the higher placing.
reasonsfordecision:
It was clear from the video replays, and particularly the head-on shown to the hearing, that AWAYOVERNIGHT had shifted out wider on the track in the final 200-250 metres. SOUNDS BETTOR had been making ground on its outside at that stage but was taken wider by the outwards movement of AWAYOVERNIGHT. Clearly interference had taken place and the Committee needed to determine whether SOUNDS BETTOR would have finished ahead of AWAYOVERNIGHT but for that interference.
In determining that matter, the Committee had regard to a number of factors. The degree of interference was, in the Committee’s view significant, AWAYOVERNIGHT having shifted out some 4-5 sulky widths and taking the rightful line of SOUNDS BETTOR in so doing, taking that runner out with it.
Mr O’Reilly’s evidence was that he would have beaten AWAYOVERNIGHT but for the interference received. He was forced over considerable extra ground while making ground on AWAYOVERNIGHT. We believe that its chances were further affected when the sulkies of the two runners came together some 35 metres from the finish.
Probably the most compelling factor was the margin of a long head between the two runners at the finish, which margin appeared to be shortening until the final incident of interference when the sulkies came together a stated. As pointed out by Mr Wallis, SOUNDS BETTOR had been a length behind AWAYOVERNIGHT at the point where the latter runner’s outwards movement commenced.
The Committee was comfortably satisfied that AWAYOVERNIGHT had caused interference to SOUNDS BETTOR and, further, that SOUNDS BETTOR would have finished ahead of AWAYOVERNIGHT had that interference not taken place.
Decision:
The protest was upheld and AWAYOVERNIGHT was relegated to 4th placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st 15 Kylie Ann
2nd 10 Motu Bettor Be Quick
3rd 11 Sounds Bettor
4th 2 Awayovernight
5th 1 Silent Shadow
6th 5 The Doorman
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A(2)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: L F O'Reilly - Driver of SOUNDS BETTOR
Respondent: R A Payne, Licensed Open Driver
StipendSteward:
raceid: 96e081118b44311ffcd6ae6a0f68a827
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: abd1b88b3f4332a16aab953958433af2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/12/2017
meet_title: Methven TC - 3 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Methven TC