Nelson HRC 10 June 2012 – R 7 (instigating a protest)
ID: JCA14651
Meet Title:
Nelson HRC - 10 June 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PWilliams
Race Date:
2012/06/10
Race Number:
R7
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 7, Seacross Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against VIEWFIELD APACHE (R T May), placed 3rd by the judge, on the grounds that it “started from the incorrect barrier position”.
Mr R T May, driver of VIEWFIELD APACHE, 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 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the starter in accordance with Rule 860 (8).
(3) For the avoidance of doubt, disqualification under sub-rule (1) shall be mandatory, and disqualification under sub-rule (2) shall be discretionary.
Submissions for Decision:
The Committee noted that VIEWFIELD APACHE had drawn to start from barrier position 6 on the second row at the 2400 metres mobile start.
Mr Renault referred to the video replays of the start of the race and had Mr N M Ydgren, Stipendiary Steward, point out VIEWFIELD APACHE, driven by Mr May. That runner and SMOOTH SEAS (M A Pash) were “a significant distance back” from the other runners as the field approached the starting point, Mr Ydgren said. Mr May then began to work his way up behind the gate. Mr Pash was behind Mr May but then improved on the outside of Mr May. Mr Pash was supposed to be on the inside of Mr May. CURVE, driven by G D Smith, which had drawn Unruly 1, did not help matters by starting one place inside where it should have started from – leaving one space for two horses, Mr Ydgren said. Mr May had, probably, initially gone to the wrong spot and Mr Pash shifted to his outside. Mr Pash had started from so far back that he left himself no option but to start from outside Mr May, Mr Ydgren said. Mr May should have been one spot out, leaving Mr Smith to his outside. It was clear, Mr Ydgren submitted, that at the start point Mr May was in the wrong position but there were other factors that had resulted in this. Mr May had started from barrier 5 instead of from barrier 6 on the second row.
Mr May said that he had thought he was to start from barrier 5. His horse was “flat” and may have drifted in slightly, but neither he nor Mr Pash had any chance of keeping up with the gate, Mr May said. Mr Pash said that he thought that he was to start from 5 but that he “couldn’t get up there”.
The starter, Mr P C Lamb, said that the mobile barrier speed for Race 7 was no faster than for any other race on the day. Only two horses, LILY MAE and DESPERADO which had drawn 2 and 3 respectively on the second row, were up to the barrier, he said.
Mr Renault referred to Rule 862 (3). He submitted that VIEWFIELD APACHE had not gained an advantage by starting from one barrier position in from where it should have been.
Reasons for Decision:
The Committee was satisfied, from the evidence including the video evidence, that VIEWFIELD APACHE, driven by Mr May, had clearly started from an incorrect barrier position – 5 on the second row instead of 6, where it had been drawn to start from. It was therefore in breach of Rule 862 (2). Under Rule 862 (3), the Committee had a discretion, in such circumstances, as to whether to disqualify VIEWFIELD APACHE for starting other than from its correct barrier position. In exercising that discretion, the Committee considered whether the horse had gained any advantage as a consequence. Mr Renault had submitted that it had not and it was apparent to the Committee that this was the case. Accordingly, the Committee exercised its discretion not to disqualify VIEWFIELD APACHE.
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: 9ff1bfef5f82423c07dd2ba308ce8c2f
informantnumber: A5179
horsename: VEWFIELD APACHE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/05/2012
hearing_title: Nelson HRC 10 June 2012 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, Seacross Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against VIEWFIELD APACHE (R T May), placed 3rd by the judge, on the grounds that it “started from the incorrect barrier position”.
Mr R T May, driver of VIEWFIELD APACHE, 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 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the starter in accordance with Rule 860 (8).
(3) For the avoidance of doubt, disqualification under sub-rule (1) shall be mandatory, and disqualification under sub-rule (2) shall be discretionary.
appealdecision:
isappeal:
submissionsfordecision:
The Committee noted that VIEWFIELD APACHE had drawn to start from barrier position 6 on the second row at the 2400 metres mobile start.
Mr Renault referred to the video replays of the start of the race and had Mr N M Ydgren, Stipendiary Steward, point out VIEWFIELD APACHE, driven by Mr May. That runner and SMOOTH SEAS (M A Pash) were “a significant distance back” from the other runners as the field approached the starting point, Mr Ydgren said. Mr May then began to work his way up behind the gate. Mr Pash was behind Mr May but then improved on the outside of Mr May. Mr Pash was supposed to be on the inside of Mr May. CURVE, driven by G D Smith, which had drawn Unruly 1, did not help matters by starting one place inside where it should have started from – leaving one space for two horses, Mr Ydgren said. Mr May had, probably, initially gone to the wrong spot and Mr Pash shifted to his outside. Mr Pash had started from so far back that he left himself no option but to start from outside Mr May, Mr Ydgren said. Mr May should have been one spot out, leaving Mr Smith to his outside. It was clear, Mr Ydgren submitted, that at the start point Mr May was in the wrong position but there were other factors that had resulted in this. Mr May had started from barrier 5 instead of from barrier 6 on the second row.
Mr May said that he had thought he was to start from barrier 5. His horse was “flat” and may have drifted in slightly, but neither he nor Mr Pash had any chance of keeping up with the gate, Mr May said. Mr Pash said that he thought that he was to start from 5 but that he “couldn’t get up there”.
The starter, Mr P C Lamb, said that the mobile barrier speed for Race 7 was no faster than for any other race on the day. Only two horses, LILY MAE and DESPERADO which had drawn 2 and 3 respectively on the second row, were up to the barrier, he said.
Mr Renault referred to Rule 862 (3). He submitted that VIEWFIELD APACHE had not gained an advantage by starting from one barrier position in from where it should have been.
reasonsfordecision:
The Committee was satisfied, from the evidence including the video evidence, that VIEWFIELD APACHE, driven by Mr May, had clearly started from an incorrect barrier position – 5 on the second row instead of 6, where it had been drawn to start from. It was therefore in breach of Rule 862 (2). Under Rule 862 (3), the Committee had a discretion, in such circumstances, as to whether to disqualify VIEWFIELD APACHE for starting other than from its correct barrier position. In exercising that discretion, the Committee considered whether the horse had gained any advantage as a consequence. Mr Renault had submitted that it had not and it was apparent to the Committee that this was the case. Accordingly, the Committee exercised its discretion not to disqualify VIEWFIELD APACHE.
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: 862(2)
Informant: SP Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: MA Pash - Licensed Open Horseman, PC Lamb - Starter
Respondent: RT May - Licensed Open Horseman
StipendSteward:
raceid: 0dd303a9ed08c883da38191fc0972729
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
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