Methven TC 6 October 2013 – R 11 (instigating a protest)
ID: JCA16637
Meet Title:
Methven TC - 6 October 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/10/06
Race Number:
R11
Decision:
The protest was dismissed.
It was ordered that the judge’s placings for the race should stand with dividends and stake monies to be paid accordingly.
Facts:
Following the running of Race 11, Kellys Café & Bar Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis by LIGHT THE FUSE (C J DeFilippi) placed 9th by the judge, against MACHS A FLYIN (B N Orange) placed 1st by the judge, on the grounds that MACHS A FLYIN interfered with the chances of LIGHT THE FUSE in that “racing into the first bend MACHS A FLYIN broke and checked the trailing LIGHT THE FUSE”.
Mr Orange was present at the protest hearing and he indicated that he was representing the connections of that horse. Part-owner of MACHS A FLYIN, Mr P I Kennard, was also present at the hearing.
Rule 869 provides as follows:
(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) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses –
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
Submissions for Decision:
Mr Ydgren, Stipendiary Steward, pointed out the two runners on video replays. Shortly after the start of the 2300 metres mobile start event, MACHS A FLYIN was racing 3-4 horses back on the pylons approximately 300 metres after the start. LIGHT THE FUSE was racing to the outside of and just behind MACHS A FLYIN. Mr Ydgren pointed out MACHS A FLYIN go off stride after becoming entangled in the sulky of the runner it was following. Mr DeFilippi had to take a hold of his horse and shift outwards. His horse broke and galloped for some distance, Mr Wallis said.
Mr DeFilippi stated that he was one-off the fence and not on the back of MACHS A FLYIN. When that horse came back, he had to take a hold of his horse. The horse had overreacted, he said. There was no contact with Mr Orange’s horse or sulky. His horse would probably not have galloped had Mr Orange’s horse not broken, he said. Mr Orange’s horse had moved out no more than a half a cart’s width. He said that most horses would have missed any interference and would not have galloped. He had sufficient room to move clear of Mr Orange, he said.
Mr Orange stressed that there had been no contact and added that Mr DeFilippi had “the rest of the track” outside him. Mr Orange agreed with Mr DeFilippi’s assessment that he had moved out no more that a half cart’s width. Furthermore, he submitted, Mr DeFilippi’s horse had not “galloped itself out of the race” and its chances were not badly interfered with. Mr Orange said that he had got caught up in the sulky of the horse in front – his horse was pulling fiercely.
Reasons for Decision:
It was unfortunate that the incident out of which the protest arose took place on a part of the track where the video coverage was unable to show it in detail. All of the coverage from the various angles was from some distance from the action. This made the Committee’s task somewhat more difficult than it might have been. Because of this, the Committee had to rely heavily on the oral evidence.
Mr Orange and Mr DeFilippi both gave very clear evidence of what happened. The significant points, on which they agreed, were that there was no contact and that Mr DeFilippi had room available to him to avoid the breaking MACHS A FLYIN. Mr DeFilippi’s view was that his horse had “overreacted” and broken. He did not allege that his horse had received interference from MACHS A FLYIN. The Committee found Mr De Filippi’s evidence to be quite credible and persuasive.
The Committee was not satisfied that MACHS A FLYIN had interfered with the chances or progress of LIGHT THE FUSE.
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: cefe627c05e89332b21e8c7e26ba04dc
informantnumber: A1632
horsename: MACHS A FLYIN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/10/2013
hearing_title: Methven TC 6 October 2013 - R 11 (instigating a protest)
charge:
facts:
Following the running of Race 11, Kellys Café & Bar Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis by LIGHT THE FUSE (C J DeFilippi) placed 9th by the judge, against MACHS A FLYIN (B N Orange) placed 1st by the judge, on the grounds that MACHS A FLYIN interfered with the chances of LIGHT THE FUSE in that “racing into the first bend MACHS A FLYIN broke and checked the trailing LIGHT THE FUSE”.
Mr Orange was present at the protest hearing and he indicated that he was representing the connections of that horse. Part-owner of MACHS A FLYIN, Mr P I Kennard, was also present at the hearing.
Rule 869 provides as follows:
(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) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses –
immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren, Stipendiary Steward, pointed out the two runners on video replays. Shortly after the start of the 2300 metres mobile start event, MACHS A FLYIN was racing 3-4 horses back on the pylons approximately 300 metres after the start. LIGHT THE FUSE was racing to the outside of and just behind MACHS A FLYIN. Mr Ydgren pointed out MACHS A FLYIN go off stride after becoming entangled in the sulky of the runner it was following. Mr DeFilippi had to take a hold of his horse and shift outwards. His horse broke and galloped for some distance, Mr Wallis said.
Mr DeFilippi stated that he was one-off the fence and not on the back of MACHS A FLYIN. When that horse came back, he had to take a hold of his horse. The horse had overreacted, he said. There was no contact with Mr Orange’s horse or sulky. His horse would probably not have galloped had Mr Orange’s horse not broken, he said. Mr Orange’s horse had moved out no more than a half a cart’s width. He said that most horses would have missed any interference and would not have galloped. He had sufficient room to move clear of Mr Orange, he said.
Mr Orange stressed that there had been no contact and added that Mr DeFilippi had “the rest of the track” outside him. Mr Orange agreed with Mr DeFilippi’s assessment that he had moved out no more that a half cart’s width. Furthermore, he submitted, Mr DeFilippi’s horse had not “galloped itself out of the race” and its chances were not badly interfered with. Mr Orange said that he had got caught up in the sulky of the horse in front – his horse was pulling fiercely.
reasonsfordecision:
It was unfortunate that the incident out of which the protest arose took place on a part of the track where the video coverage was unable to show it in detail. All of the coverage from the various angles was from some distance from the action. This made the Committee’s task somewhat more difficult than it might have been. Because of this, the Committee had to rely heavily on the oral evidence.
Mr Orange and Mr DeFilippi both gave very clear evidence of what happened. The significant points, on which they agreed, were that there was no contact and that Mr DeFilippi had room available to him to avoid the breaking MACHS A FLYIN. Mr DeFilippi’s view was that his horse had “overreacted” and broken. He did not allege that his horse had received interference from MACHS A FLYIN. The Committee found Mr De Filippi’s evidence to be quite credible and persuasive.
The Committee was not satisfied that MACHS A FLYIN had interfered with the chances or progress of LIGHT THE FUSE.
Decision:
The protest was dismissed.
It was ordered that the judge’s placings for the race should stand with dividends and stake monies to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr P I Kennard - Part-owner of MACHS A FLYIN, Mr N M Ydgren - Stipendiary Steward, Mr C J DeFilippi - Driver of LIGHT THE FUSE
Respondent: Mr B N Orange - Licensed Open Horseman
StipendSteward:
raceid: 5fd2ac475f136e32bfa54c0a3187ff50
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 321495b341205782a6bef7843483eb87
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/10/2013
meet_title: Methven TC - 6 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Methven TC