Northern Southland TC 17 January 2013 – R 2 (instigating a protest)
ID: JCA17200
Meet Title:
Northern Southland TC - 17 January 2013
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2013/01/17
Race Number:
R 2
Decision:
Placings are as the horses crossed the line. Dividends and stakes are to be paid accordingly.
Facts:
Mr Allison alleged that MY GUY MAC galloped over the finishing line and in doing so was lapped on by TYPHOON TAN (Mr Lee).
Judge’s placings were
1st - 5 ARES
2nd - 6 CLASS OF TARA
3RD - 4 MY GUY MAC
4TH - 2 TYPHOON TAN
Margins were: ½ neck; 1/2 L ¾ L.
Submissions for Decision:
Mr Ydgren demonstrated on the head-on and side-on videos that with some 30 metres to run MY GUY MAC, after being angled out to make a run on the outside of ARES, came into contact with that horse and broke. The horse galloped across the line, and in so doing, was lapped on by TYPHOON TAN.
Mr Allison said this committee would need to determine whether MY GUY MAC broke of its own accord or whether movement from ARES was a contributing factor. He stated that in his view MY GUY MAC was hanging and that ARES had shifted out slightly. In particular, he said the issue for this committee was whether it should exercise its discretion under r 870(5) and not relegate MY GUY MAC on the ground that ARES, although it had shifted ground outwards only marginally, that horse had nevertheless caused or contributed to MY GUY MAC breaking. He confirmed that MY GUY MAC had not broken for a distance of 50 metres. He also stated that the stewards had contemplated a protest into ARES but were not satisfied that the degree of movement was sufficient to proceed.
Mr Court, the driver of ARES, initially stated he believed his horse was holding a straight line. He acknowledged later in his evidence, however, that ARES may have moved out slightly, although he emphasised that he did not believe this was “a big factor” in MY GUY MAC galloping. He said he believed MY GUY MAC had been running in all the way up the straight.
Mr McLellan spoke on behalf of Mr Ferguson, the driver of MY GUY MAC. He emphasised there was a combination of factors involved. He said there was clearly a run for MY GUY MAC when it angled out from behind ARES and that the horse was in the gap when it ran out of room. He said there was tightening as a consequence of slight movement from 3 horses, ARES, MY GUY MAC and CLASS OF TARA. He said ARES had shifted out slightly, MY GUY MAC was hanging slightly and CLASS OF TARA, which was making its run on the outside of MY GUY MAC, had drifted in. He said it would be unfair to sheet home the contact merely to MY GUY MAC.
Mr Wilson agreed with Mr McLellan’s analysis and said the reason that they had not protested against ARES was because they believed the movement from all 3 horses was slight and they did not believe that that horse should lose 1st. Similarly, they did not believe MY GUY MAC should lose 3rd. He said it was hard to pick which horse was at fault.
Mr Ferguson confirmed his horse was hanging slightly and that it was “going good” at the time of contact. He said he had simply run out of room.
Reasons for Decision:
In exercising our discretion and not relegating MY GUY MAC from 3rd placing, despite the fact it was lapped on to TYPHOON TAN when it galloped across the line, we are satisfied that the reason MY GUY MAC galloped was that it suffered interference from ARES, which had moved slightly wider on the track close to the winning post. CLASS OF TARA had also drifted in, albeit marginally. We accept MY GUY MAC was not helping itself by hanging inwards. However, the key factor was there was a slight degree of movement from 3 horses at the one time with the consequence MY GUY MAC ran out of room, came into contact with ARES, and broke.
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: e8db3c70f2d6073402c326ab80c98941
informantnumber: 1345
horsename: MY GUY MAC
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/12/2012
hearing_title: Northern Southland TC 17 January 2013 - R 2 (instigating a protest)
charge:
facts:
Mr Allison alleged that MY GUY MAC galloped over the finishing line and in doing so was lapped on by TYPHOON TAN (Mr Lee).
Judge’s placings were
1st - 5 ARES
2nd - 6 CLASS OF TARA
3RD - 4 MY GUY MAC
4TH - 2 TYPHOON TAN
Margins were: ½ neck; 1/2 L ¾ L.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren demonstrated on the head-on and side-on videos that with some 30 metres to run MY GUY MAC, after being angled out to make a run on the outside of ARES, came into contact with that horse and broke. The horse galloped across the line, and in so doing, was lapped on by TYPHOON TAN.
Mr Allison said this committee would need to determine whether MY GUY MAC broke of its own accord or whether movement from ARES was a contributing factor. He stated that in his view MY GUY MAC was hanging and that ARES had shifted out slightly. In particular, he said the issue for this committee was whether it should exercise its discretion under r 870(5) and not relegate MY GUY MAC on the ground that ARES, although it had shifted ground outwards only marginally, that horse had nevertheless caused or contributed to MY GUY MAC breaking. He confirmed that MY GUY MAC had not broken for a distance of 50 metres. He also stated that the stewards had contemplated a protest into ARES but were not satisfied that the degree of movement was sufficient to proceed.
Mr Court, the driver of ARES, initially stated he believed his horse was holding a straight line. He acknowledged later in his evidence, however, that ARES may have moved out slightly, although he emphasised that he did not believe this was “a big factor” in MY GUY MAC galloping. He said he believed MY GUY MAC had been running in all the way up the straight.
Mr McLellan spoke on behalf of Mr Ferguson, the driver of MY GUY MAC. He emphasised there was a combination of factors involved. He said there was clearly a run for MY GUY MAC when it angled out from behind ARES and that the horse was in the gap when it ran out of room. He said there was tightening as a consequence of slight movement from 3 horses, ARES, MY GUY MAC and CLASS OF TARA. He said ARES had shifted out slightly, MY GUY MAC was hanging slightly and CLASS OF TARA, which was making its run on the outside of MY GUY MAC, had drifted in. He said it would be unfair to sheet home the contact merely to MY GUY MAC.
Mr Wilson agreed with Mr McLellan’s analysis and said the reason that they had not protested against ARES was because they believed the movement from all 3 horses was slight and they did not believe that that horse should lose 1st. Similarly, they did not believe MY GUY MAC should lose 3rd. He said it was hard to pick which horse was at fault.
Mr Ferguson confirmed his horse was hanging slightly and that it was “going good” at the time of contact. He said he had simply run out of room.
reasonsfordecision:
In exercising our discretion and not relegating MY GUY MAC from 3rd placing, despite the fact it was lapped on to TYPHOON TAN when it galloped across the line, we are satisfied that the reason MY GUY MAC galloped was that it suffered interference from ARES, which had moved slightly wider on the track close to the winning post. CLASS OF TARA had also drifted in, albeit marginally. We accept MY GUY MAC was not helping itself by hanging inwards. However, the key factor was there was a slight degree of movement from 3 horses at the one time with the consequence MY GUY MAC ran out of room, came into contact with ARES, and broke.
Decision:
Placings are as the horses crossed the line. Dividends and stakes are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Wilson - Trainer of MY GUY MAC, Mr P Court - Driver of ARES, Mr B McLellan - Open Horseman assisting Mr Ferguson
Respondent: Mr C Ferguson - Junior Horseman driver of MY GUY MAC
StipendSteward:
raceid: 346efd52b374dbb86d319ec036a280aa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6b4abe70cb6167bd7c68986391db4fd6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/01/2013
meet_title: Northern Southland TC - 17 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: northern-southland-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Northern Southland TC