Nelson HRC 10 June 2012 – R 10 (instigating a protest)
ID: JCA16463
Meet Title:
Nelson HRC - 10 June 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PWilliams
Race Date:
2012/06/10
Race Number:
R10
Decision:
The protest was dismissed and 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 10, Andrew Stuart Stables/D & C Butt Racing Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, by MARHABAH (G D Smith), placed 4th by the judge, and TOWN ICON (C McDowell), placed 10th by the judge, against ROCKIN ROLL LAD (D J Dunn), placed 2nd by the judge, on the grounds that “at about the 900 metres MARHABAH galloped as a result of alleged interference by ROCKIN ROLL LAD causing a check to TOWN ICON. Both the chances of these runners were affected”.
Mr D J Dunn, driver of ROCKIN ROLL LAD, was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest 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 G D Smith, driver of MARHABAH, said that half-way down the back straight, as he was restraining to let WOODLEA LEGEND (M P Kerr) pass, he received tightening. His horse received a check and galloped. .He said that, at the time, he received pressure and contact from both the inside and outside.
Mr Renault showed head-on and side-on video replays of the incident. He pointed out ROCKIN ROLL LAD in the lead. MARHABAH was in the parked position with WOODLEA LEGEND racing 3-wide. TOWN ICON was on the back of MARHABAH. He then pointed out MARHABAH go into a break, checking TOWN ICON which lost its chance. Mr Renault said that it appeared that ROCKIN ROLL LAD had rolled away from the marker line. The wheel of WOODLEA LEGEND, which was improving 3-wide, got close to MARHABAH but there was no contact, Mr Renault alleged. ROCKIN ROLL LAD had clearly run out from the marker line and, the Stewards were alleging, had caused the interference to MARHABAH and TOWN ICON.
Mr Smith then stated that his horse had received some contact from its outside and had “run away from it”. There was ultimately no room for him, he said. The major instance of contact was his horse’s near front leg on the sulky of ROCKIN ROLL LAD.
Mr Dunn referred to the head-on video replay and submitted that the off hind leg of MARHABAH had contacted the wheel of WOODLEA LEGEND causing the former to “duck in” onto ROCKIN ROLL LAD. Mr Smith agreed that there appeared to be contact but Mr Renault submitted that it was not clear.
Mr Dunn agreed that his horse had run out “a little bit”. He said that, when the incident took place, it was clear that Mr Kerr was crossing over at the same time and his horse had run in. No one horse could be blamed, he submitted. He showed that Mr Kerr’s wheel was inside Mr Smith’s wheel just as the incident happened. There was “a sandwich effect” on Mr Smith’s horse, he said.
Given the opportunity to comment, Mr Renault agreed that there had definitely been movement from both sides. He said that he was not able to state with certainty that Mr Dunn had caused the interference.
Reasons for Decision:
The Stewards had alleged that ROCKIN ROLL LAD, driven by Mr Dunn, had caused interference to MARHABAH with resulting interference to TOWN ICON with 900 metres to run. It was their case that ROCKIN ROLL LAD had drifted out from the marker line while leading, with MARHABAH racing outside it. The video evidence was inconclusive but tended to show, and it was agreed by all parties, that there had also been some pressure from WOODLEA LEGEND on the outside. It was possible that the first contact may have been with that runner.
Having regard to the evidence of Mr Smith and Mr Dunn, and it was even acknowledged by Mr Renault, there was some doubt as to whether the interference could be attributed to ROCKIN ROLL LAD, as alleged in the information. While its outwards movement which, in any event, was only quite slight may have contributed to the breaking of MARHABAH, the Committee could not be satisfied to a sufficient degree that the interference was caused by ROCKIN ROLL LAD.
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: b802b24ec9a08e67e680269704e61872
informantnumber: A5183
horsename: ROCKIN ROLL LAD
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/05/2012
hearing_title: Nelson HRC 10 June 2012 - R 10 (instigating a protest)
charge:
facts:
Following the running of Race 10, Andrew Stuart Stables/D & C Butt Racing Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, by MARHABAH (G D Smith), placed 4th by the judge, and TOWN ICON (C McDowell), placed 10th by the judge, against ROCKIN ROLL LAD (D J Dunn), placed 2nd by the judge, on the grounds that “at about the 900 metres MARHABAH galloped as a result of alleged interference by ROCKIN ROLL LAD causing a check to TOWN ICON. Both the chances of these runners were affected”.
Mr D J Dunn, driver of ROCKIN ROLL LAD, was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest 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 G D Smith, driver of MARHABAH, said that half-way down the back straight, as he was restraining to let WOODLEA LEGEND (M P Kerr) pass, he received tightening. His horse received a check and galloped. .He said that, at the time, he received pressure and contact from both the inside and outside.
Mr Renault showed head-on and side-on video replays of the incident. He pointed out ROCKIN ROLL LAD in the lead. MARHABAH was in the parked position with WOODLEA LEGEND racing 3-wide. TOWN ICON was on the back of MARHABAH. He then pointed out MARHABAH go into a break, checking TOWN ICON which lost its chance. Mr Renault said that it appeared that ROCKIN ROLL LAD had rolled away from the marker line. The wheel of WOODLEA LEGEND, which was improving 3-wide, got close to MARHABAH but there was no contact, Mr Renault alleged. ROCKIN ROLL LAD had clearly run out from the marker line and, the Stewards were alleging, had caused the interference to MARHABAH and TOWN ICON.
Mr Smith then stated that his horse had received some contact from its outside and had “run away from it”. There was ultimately no room for him, he said. The major instance of contact was his horse’s near front leg on the sulky of ROCKIN ROLL LAD.
Mr Dunn referred to the head-on video replay and submitted that the off hind leg of MARHABAH had contacted the wheel of WOODLEA LEGEND causing the former to “duck in” onto ROCKIN ROLL LAD. Mr Smith agreed that there appeared to be contact but Mr Renault submitted that it was not clear.
Mr Dunn agreed that his horse had run out “a little bit”. He said that, when the incident took place, it was clear that Mr Kerr was crossing over at the same time and his horse had run in. No one horse could be blamed, he submitted. He showed that Mr Kerr’s wheel was inside Mr Smith’s wheel just as the incident happened. There was “a sandwich effect” on Mr Smith’s horse, he said.
Given the opportunity to comment, Mr Renault agreed that there had definitely been movement from both sides. He said that he was not able to state with certainty that Mr Dunn had caused the interference.
reasonsfordecision:
The Stewards had alleged that ROCKIN ROLL LAD, driven by Mr Dunn, had caused interference to MARHABAH with resulting interference to TOWN ICON with 900 metres to run. It was their case that ROCKIN ROLL LAD had drifted out from the marker line while leading, with MARHABAH racing outside it. The video evidence was inconclusive but tended to show, and it was agreed by all parties, that there had also been some pressure from WOODLEA LEGEND on the outside. It was possible that the first contact may have been with that runner.
Having regard to the evidence of Mr Smith and Mr Dunn, and it was even acknowledged by Mr Renault, there was some doubt as to whether the interference could be attributed to ROCKIN ROLL LAD, as alleged in the information. While its outwards movement which, in any event, was only quite slight may have contributed to the breaking of MARHABAH, the Committee could not be satisfied to a sufficient degree that the interference was caused by ROCKIN ROLL LAD.
Decision:
The protest was dismissed and 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: SP Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: GS Smith - Licensed Open Horseman, C McDowell - Licensed Junior Horseman
Respondent: DJ Dunn - Licensed Open Horseman
StipendSteward:
raceid: 6ef1530a294076b0b7645aa63e77c18e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6ab39880f8aaf08dee8c9e015019d5c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/06/2012
meet_title: Nelson HRC - 10 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PWilliams
meet_pm2: none
name: Nelson HRC