Methven TC 9 October 2011 – R 2 (instigating a protest)
ID: JCA13810
Meet Title:
Methven TC - 9 October 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/10/09
Race Number:
R2
Decision:
On resuming the hearing Race 3 was about to start and we advised the parties that full reasons for our decision would be given later (see above), that the protest was dismissed, and the Judge’s placings were confirmed.
Facts:
Following the running of Race 2, The Brown Pub Methven Punter Of The Year Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging interference by “Radar” (3), driven by Mr G. D. Smith, to “Crown Royal” (2), driven by Mr S. P. Walkinshaw.
The Judge’s placings in this race were as follows.
1st – Dreamy Chip” (10)
2nd – Eyre County (12)
3rd – Radar (3)
4th – Piper Heidsieck (8)
5th – Temudgin (15)
6th – Stagestruck (7)
The Information reads as follows.
“This is a protest by horse number (2) placed 14th by the Judge against horse number (3) placed 3rd by the Judge on the grounds of Rule 869(8) - Interference by Radar rounding the final bend onto Escape The Fate onto Crown Royal.”
Rule 869(8) provides as follows.
“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.”
The connections of “Radar” were represented at this hearing by Mr G. D. Smith, the driver and trainer of that horse.
Submissions for Decision:
Mr McIntyre used video coverage to show that rounding the bend into the home straight “Radar” was racing on the fence and on the inside of “Escape The Fate”, with “Crown Royal” on the outside of that horse. When Mr Smith moved outwards to make a run “Escape The Fate” was pushed wider and a short time later “Crown Royal” broke from its gait.
Mr J. R. Dunn, the driver of “Escape The Fate” (9) gave evidence that he was immediately outside “Radar”, driven by Mr G. D. Smith, when Mr Smith came out and put a “few rough ones in”, but that his horse was a spent force by that time. Mr Dunn also said that although he hit Mr Smith’s cart, Mr Walkinshaw never hit his cart. This contact did not affect his horse, and although it was a spent force, it kept on pacing.
In answer to a question, Mr Dunn said that when Mr Smith came out he just held his ground, and he was not pushed wider or adversely affected. Mr Dunn also said that Mr Walkinshaw’s horse was galloping even though he had held his ground. In answer to a question from Mr McIntyre, Mr Dunn said that he did not really know if there had been contact between him and Mr Walkinshaw as he was too concerned with his own situation.
Mr S. P. Walkinshaw, the driver of “Crown Royal” (2) gave evidence that Mr Dunn’s outside wheel did strike him, and that he was travelling OK at the time, but that he was not going to win the race. He said that he believed that his horse galloped because there was contact between him and Mr Dunn.
Mr Smith gave evidence that he came out “nice and quietly” with a clear advantage over Mr Dunn, who in turn had an advantage over Mr Walkinshaw. It was Mr Smith’s evidence that in these circumstances the horses over which he had an advantage had an onus to give way. Mr Smith also said that Mr Walkinshaw’s horse galloped when he was trying to resist being pushed out.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that during this incident “Crown Royal” did break. However there was no clear evidence that this break was caused directly by Mr Smith’s horse coming off the fence. The video replays do not clearly show any contact between Mr Dunn and Mr Walkinshaw’s horses, and Mr Smith gave evidence that Mr Walkinshaw’ horse galloped because he resisted being legitimately pushed wider on the track. We were also satisfied that there was certainly no abrupt movements from the two horses inside Mr Walkinshaw.
Taking all the above matters into account we were satisfied that there was insufficient evidence to uphold the protest and that it should be dismissed.
JCA Decision Fields (raw)
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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: 683df169d091c496f653ae49dddb1ede
informantnumber: 13914
horsename: RADAR
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 11/10/2011
hearing_title: Methven TC 9 October 2011 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, The Brown Pub Methven Punter Of The Year Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging interference by “Radar” (3), driven by Mr G. D. Smith, to “Crown Royal” (2), driven by Mr S. P. Walkinshaw.
The Judge’s placings in this race were as follows.
1st – Dreamy Chip” (10)
2nd – Eyre County (12)
3rd – Radar (3)
4th – Piper Heidsieck (8)
5th – Temudgin (15)
6th – Stagestruck (7)
The Information reads as follows.
“This is a protest by horse number (2) placed 14th by the Judge against horse number (3) placed 3rd by the Judge on the grounds of Rule 869(8) - Interference by Radar rounding the final bend onto Escape The Fate onto Crown Royal.”
Rule 869(8) provides as follows.
“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.”
The connections of “Radar” were represented at this hearing by Mr G. D. Smith, the driver and trainer of that horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre used video coverage to show that rounding the bend into the home straight “Radar” was racing on the fence and on the inside of “Escape The Fate”, with “Crown Royal” on the outside of that horse. When Mr Smith moved outwards to make a run “Escape The Fate” was pushed wider and a short time later “Crown Royal” broke from its gait.
Mr J. R. Dunn, the driver of “Escape The Fate” (9) gave evidence that he was immediately outside “Radar”, driven by Mr G. D. Smith, when Mr Smith came out and put a “few rough ones in”, but that his horse was a spent force by that time. Mr Dunn also said that although he hit Mr Smith’s cart, Mr Walkinshaw never hit his cart. This contact did not affect his horse, and although it was a spent force, it kept on pacing.
In answer to a question, Mr Dunn said that when Mr Smith came out he just held his ground, and he was not pushed wider or adversely affected. Mr Dunn also said that Mr Walkinshaw’s horse was galloping even though he had held his ground. In answer to a question from Mr McIntyre, Mr Dunn said that he did not really know if there had been contact between him and Mr Walkinshaw as he was too concerned with his own situation.
Mr S. P. Walkinshaw, the driver of “Crown Royal” (2) gave evidence that Mr Dunn’s outside wheel did strike him, and that he was travelling OK at the time, but that he was not going to win the race. He said that he believed that his horse galloped because there was contact between him and Mr Dunn.
Mr Smith gave evidence that he came out “nice and quietly” with a clear advantage over Mr Dunn, who in turn had an advantage over Mr Walkinshaw. It was Mr Smith’s evidence that in these circumstances the horses over which he had an advantage had an onus to give way. Mr Smith also said that Mr Walkinshaw’s horse galloped when he was trying to resist being pushed out.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that during this incident “Crown Royal” did break. However there was no clear evidence that this break was caused directly by Mr Smith’s horse coming off the fence. The video replays do not clearly show any contact between Mr Dunn and Mr Walkinshaw’s horses, and Mr Smith gave evidence that Mr Walkinshaw’ horse galloped because he resisted being legitimately pushed wider on the track. We were also satisfied that there was certainly no abrupt movements from the two horses inside Mr Walkinshaw.
Taking all the above matters into account we were satisfied that there was insufficient evidence to uphold the protest and that it should be dismissed.
Decision:
On resuming the hearing Race 3 was about to start and we advised the parties that full reasons for our decision would be given later (see above), that the protest was dismissed, and the Judge’s placings were confirmed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr JR Dunn - Driver of ESCAPE THE FATE, Mr SP Walkinshaw - Driver of CROWN ROYAL
Respondent: Mr GD Smith - Open Horseman
StipendSteward:
raceid: 2d2ebdf5b5732947310d1f8d47686e52
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d59602bd2a4761404440d659c78e57e9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/10/2011
meet_title: Methven TC - 9 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: Methven TC