Oamaru HRC 15 March 2011 – R3 (instigating a protest)
ID: JCA14652
Meet Title:
Oamaru HRC - 15 March 2011
Meet Chair:
GHall
Meet Committee Member 1:
JEagles
Race Date:
2011/03/15
Race Number:
R3
Decision:
We do not find there was breach of the passing lane regulations or r 869(8). In these circumstances, we dismiss the protest. Final placings are as called by the Judge.
Judge's placings were:
1st 6 Flyin Courage
2nd 4 The Burnside Flyer
3rd 14 Mullingar Mac
4th 3 Fiery Tart
5th 10 Southern Sally
Facts:
Mr Ydgren, stipendiary steward, alleged that Mr May driving FIERY TART was in breach of r 869(8) and passing lane regs 6 and 7 in that he had not kept a straight line and in so doing had inferred with BEARDSLEY (Mr Cusdin).
Both Mr May and Mr Cusdin indicated they represented the connections of their respective horses. Mr Cusdin was offered the assistance of a senior driver. There was no senior driver available and Mr Cusdin elected to proceed.
Submissions for Decision:
Mr Ydgren demonstrated on 2 video angles that Mr May, who had lead into the home straight, had not kept a straight line and had denied Mr Cusdin, who was trailing Mr May, a run in the passing lane.
It was apparent that there was a run in the passing lane for Mr Cusdin when the horses first entered the straight.
Mr Cusdin gave evidence. He explained that he was busy with the blinds and did not see that there was a run at that time. He said by the time he looked up, which was about the 180 metres mark, he believed Mr May had shifted into the passing lane and there was no longer a clear run for his horse. He therefore took a run on the outside of Mr May. He thought he might have run a place had the passing lane been available.
Mr May said he had kept a kept a straight line and that there was always a run for BEARDSLEY. He pointed out that even at the point Mr Cusdin was looking for a run, there was still room for Mr Cusdin to move forward. He said he was unaware Mr Cusdin was there and while he may have drifted in slightly down the home straight, there was always room for Mr Cusdin.
Both parties accepted that the video angle was not a true head-on.
When questioned by this committee after he had listened to Mr May’s evidence and viewed the videos, Mr Cusdin said it was not as tight as he had thought, and he had made a wrong decision not to press forward into the passing lane.
Reasons for Decision:
There was every opportunity for Mr Cusdin to move into the passing lane once the horses had straightened for the run home. Mr Cusdin has said he failed to take this run because he was busy endeavouring to pull the blinds. We believe there was room had Mr Cusdin elected to take the passing lane and, in so finding, we have had regard to the fact that we were not viewing a true head-on picture.
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: a004249df408477dbb08320082c12111
informantnumber: 14561
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2011
hearing_title: Oamaru HRC 15 March 2011 - R3 (instigating a protest)
charge:
facts:
Mr Ydgren, stipendiary steward, alleged that Mr May driving FIERY TART was in breach of r 869(8) and passing lane regs 6 and 7 in that he had not kept a straight line and in so doing had inferred with BEARDSLEY (Mr Cusdin).
Both Mr May and Mr Cusdin indicated they represented the connections of their respective horses. Mr Cusdin was offered the assistance of a senior driver. There was no senior driver available and Mr Cusdin elected to proceed.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren demonstrated on 2 video angles that Mr May, who had lead into the home straight, had not kept a straight line and had denied Mr Cusdin, who was trailing Mr May, a run in the passing lane.
It was apparent that there was a run in the passing lane for Mr Cusdin when the horses first entered the straight.
Mr Cusdin gave evidence. He explained that he was busy with the blinds and did not see that there was a run at that time. He said by the time he looked up, which was about the 180 metres mark, he believed Mr May had shifted into the passing lane and there was no longer a clear run for his horse. He therefore took a run on the outside of Mr May. He thought he might have run a place had the passing lane been available.
Mr May said he had kept a kept a straight line and that there was always a run for BEARDSLEY. He pointed out that even at the point Mr Cusdin was looking for a run, there was still room for Mr Cusdin to move forward. He said he was unaware Mr Cusdin was there and while he may have drifted in slightly down the home straight, there was always room for Mr Cusdin.
Both parties accepted that the video angle was not a true head-on.
When questioned by this committee after he had listened to Mr May’s evidence and viewed the videos, Mr Cusdin said it was not as tight as he had thought, and he had made a wrong decision not to press forward into the passing lane.
reasonsfordecision:
There was every opportunity for Mr Cusdin to move into the passing lane once the horses had straightened for the run home. Mr Cusdin has said he failed to take this run because he was busy endeavouring to pull the blinds. We believe there was room had Mr Cusdin elected to take the passing lane and, in so finding, we have had regard to the fact that we were not viewing a true head-on picture.
Decision:
We do not find there was breach of the passing lane regulations or r 869(8). In these circumstances, we dismiss the protest. Final placings are as called by the Judge.
Judge's placings were:
1st 6 Flyin Courage
2nd 4 The Burnside Flyer
3rd 14 Mullingar Mac
4th 3 Fiery Tart
5th 10 Southern Sally
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8) and passing lane regs 6 & 7
Informant: Mr Ydgren
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr May
StipendSteward:
raceid: 8beda0ee1eccec2b8443bd15e00de6ed
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 74d0d455080d0558297b4d708ef82901
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/03/2011
meet_title: Oamaru HRC - 15 March 2011
meet_expappcomment:
meet_km: [{"Comment": [], "kmprice": 179.80000000000001, "MemberID": "JEagles", "Member": "", "KMs": "290", "OtherExpenses": "0", "Total": "179.8", "MemberRole": "Panel member 1 ", "Approved": "on"}, {"Comment": [], "kmprice": 80.599999999999994, "MemberID": "GHall", "Member": "", "KMs": "130", "OtherExpenses": "0", "Total": 80.599999999999994, "MemberRole": "Chair ", "Approved": []}]
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: JEagles
meet_pm2: none
name: Oamaru HRC