Archive Decision

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Methven TC 6 December 2015 – R 6 (instigating a protest) – Chair, R McKenzie

ID: JCA11693

Applicant:
Mr N M Ydgren - Stipendiary Steward

Respondent(s):
Mr J W Cox - Licensed Open Driver

Information Number:
A6348

Hearing Type:
Protest

Rules:
869(A)(2)

Meet Title:
Methven TC - 6 December 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2015/12/06

Race Number:
R6

Decision:

The protest was upheld and CHAPTER ONE was relegated from 3rd placing to 4th.

1st 7 Omar Sharif
2nd 11 Julia Lady
3rd 2 Chip Ganassi
4th 5 Chapter one
5th 4 Late Mail

It was ordered that dividends and stakes be paid in accordance with that amended result.

Facts:

Following the running of Race 6, Textile Bag & Sack Co C0 Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, on behalf of CHIP GANASSI (D J Dunn), placed 4th by the judge, against CHAPTER ONE (J W Cox), placed 3rd by the judge on the ground of “interference final stages [sic] when CHAPTER ONE shifted outwards onto LATE MAIL (G D Smith) and CHIP GANASSI (D J Dunn)”.

Mr Cox was present at the hearing of the information and he indicated that he represented the connections of CHAPTER ONE. He further indicated that the protest was not contested.

The judge’s official placings were:

1st 7 Omar Sharif
2nd 11 Julia Lady
3rd 5 Chapter One
4th 2 Chip Ganassi
5th 4 Late Mail

The official margin between 3rd and 4th was a nose.

Rule 869A provides as follows:

(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 that 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 Ydgren had Co-Chief Stipendiary Steward, Mr N G McIntyre, point out the relevant runners on video replays of the concluding stages of the race. He pointed out CHAPTER ONE, driven by Mr Cox, racing in 2nd position inside the final 100 metres of the race. Improving on its outside was LATE MAIL (G D Smith) and finishing on to the outside of that runner was CHIP GANASSI (D J Dunn).

Mr Ydgren alleged that CHAPTER ONE had shifted out “quite abruptly” over the final stages, taking LATE MAIL out with him onto CHIP GANASSI. Mr Dunn had to steady his horse, turn its head out and stop driving for some distance. Mr Dunn’s horse certainly lost momentum, Mr Ydgren submitted. The official margin between 3rd and 4th at the finish was a nose.

Mr Cox confirmed, after having viewed the side-on and head-on video replays, that he did not contest the protest.

Mr Ydgren sought relegation of CHAPTER ONE.

Reasons for Decision:

The Committee was satisfied that CHAPTER ONE had caused interference to CHIP GANASSI in the final stages of the race when it shifted out abruptly onto LATE MAIL, forcing that runner onto CHIP GANASSI, which had to be checked and lost momentum at a vital stage of the race, as it was mounting its challenge.

Having found that interference took place, the Committee next had to determine whether, but for that interference, CHIP GANASSI would have finished ahead of CHAPTER ONE. The Committee was satisfied that it would have done so, having regard to the rate at which CHIP GANASSI was finishing off the race relative to CHAPTER ONE, which had led and was tiring, and also to the degree of interference and the margin of a nose between the two runners at the finish.

It was also significant that Mr Cox, driver of CHAPTER ONE, was not contesting the relegation of that runner.

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: 22aa194a31b4d4f15082a43267cdbd3f


informantnumber: A6348


horsename: CHAPTER ONE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 15/12/2015


hearing_title: Methven TC 6 December 2015 - R 6 (instigating a protest) - Chair, R McKenzie


charge:


facts:

Following the running of Race 6, Textile Bag & Sack Co C0 Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, on behalf of CHIP GANASSI (D J Dunn), placed 4th by the judge, against CHAPTER ONE (J W Cox), placed 3rd by the judge on the ground of “interference final stages [sic] when CHAPTER ONE shifted outwards onto LATE MAIL (G D Smith) and CHIP GANASSI (D J Dunn)”.

Mr Cox was present at the hearing of the information and he indicated that he represented the connections of CHAPTER ONE. He further indicated that the protest was not contested.

The judge’s official placings were:

1st 7 Omar Sharif
2nd 11 Julia Lady
3rd 5 Chapter One
4th 2 Chip Ganassi
5th 4 Late Mail

The official margin between 3rd and 4th was a nose.

Rule 869A provides as follows:

(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 that 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 Ydgren had Co-Chief Stipendiary Steward, Mr N G McIntyre, point out the relevant runners on video replays of the concluding stages of the race. He pointed out CHAPTER ONE, driven by Mr Cox, racing in 2nd position inside the final 100 metres of the race. Improving on its outside was LATE MAIL (G D Smith) and finishing on to the outside of that runner was CHIP GANASSI (D J Dunn).

Mr Ydgren alleged that CHAPTER ONE had shifted out “quite abruptly” over the final stages, taking LATE MAIL out with him onto CHIP GANASSI. Mr Dunn had to steady his horse, turn its head out and stop driving for some distance. Mr Dunn’s horse certainly lost momentum, Mr Ydgren submitted. The official margin between 3rd and 4th at the finish was a nose.

Mr Cox confirmed, after having viewed the side-on and head-on video replays, that he did not contest the protest.

Mr Ydgren sought relegation of CHAPTER ONE.


reasonsfordecision:

The Committee was satisfied that CHAPTER ONE had caused interference to CHIP GANASSI in the final stages of the race when it shifted out abruptly onto LATE MAIL, forcing that runner onto CHIP GANASSI, which had to be checked and lost momentum at a vital stage of the race, as it was mounting its challenge.

Having found that interference took place, the Committee next had to determine whether, but for that interference, CHIP GANASSI would have finished ahead of CHAPTER ONE. The Committee was satisfied that it would have done so, having regard to the rate at which CHIP GANASSI was finishing off the race relative to CHAPTER ONE, which had led and was tiring, and also to the degree of interference and the margin of a nose between the two runners at the finish.

It was also significant that Mr Cox, driver of CHAPTER ONE, was not contesting the relegation of that runner.


Decision:

The protest was upheld and CHAPTER ONE was relegated from 3rd placing to 4th.

1st 7 Omar Sharif
2nd 11 Julia Lady
3rd 2 Chip Ganassi
4th 5 Chapter one
5th 4 Late Mail

It was ordered that dividends and stakes be paid in accordance with that amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(A)(2)


Informant: Mr N M Ydgren - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr N G McIntyre - Co-Chief Stipendiary Steward


Respondent: Mr J W Cox - Licensed Open Driver


StipendSteward:


raceid: a1b5d98c77b711ae67f94796c2384ea6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9fc252ce758273ab970c0e72116b6e62


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/12/2015


meet_title: Methven TC - 6 December 2015


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