Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Rangiora HRC 11 October 2011 – R 2 (instigating a protest)

ID: JCA17052

Applicant:
Mr NM Ydgren - Stipendiary Steward

Respondent(s):
Mr BN Orange - Licensed Open Horseman

Information Number:
A5303

Hearing Type:
Protest

Rules:
869(8)

Meet Title:
Rangiora HRC - 11 October 2011

Meet Chair:
SChing

Meet Committee Member 1:
JPhelan

Race Date:
2011/10/11

Race Number:
R 2

Decision:

The protest was upheld, and “MILLIONARE” was relegated from 4th to14th place. The amended places are as follows:
1st Lisa’s Lawyer (7)
2nd Hughi Fella (1)
3rd Double Line (3)
4th Tinted Moon (18)
5th Hayton JR (5)
6th Ellmer Hanover (12)

 

Facts:

Following the running of Race 2, the Welcome To Idea Services Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging interference by “Millionaire” (13), driven by Mr BN Orange, to “Hustle” (16), driven by Mr DJ Dunn and other runners.
The Judges placings in this race were as follows.
1st Lisa’s Lawyer (7)
2nd Hughi Fella (1)
3rd Double Line (3)
4th Millionaire (13)
5th Tinted Moon (18)
6th Hayton JR (5)

The Information reads as follows:
That horse number 13, or its driver, placed 4th by the Judge, interfered with the chances of horse number 2, placed 15th by the Judge, as detailed below;
In that MILLIONAIRE hung in passing the 1500m, checking DOUBLE LINE, which resulted in a number of runners being hampered, including HUSTLE which broke in the incident.”
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 “MILLIONAIRE” were represented at this hearing by Mr BN Orange, the driver, and Mr DJ Dunn, the driver of “HUSTLE”, represented the interests of that horse. Mr G O’Reilly represented the connections of “DOUBLE LINE” All parties agreed that they understood the Rule and the nature of the protest.

Submissions for Decision:

Video coverage of this incident was shown to illustrate that near the 1500m, MILLIONAIRE, who was improving forward in a three wide position, shifted in when hanging and not clear causing DOUBLE LINE to take evasive action and check. As a result trailing runners were hampered, with HUSTLE breaking.
Mr Ydgren called Mr G O’Reilly, the driver of DOUBLE LINE, to give evidence, who stated that as MILLIONAIRE improved past him, near the 1500m, he could see that horse was hanging in and he had to take evasive action when MILLIONAIRE shifted into his line of running. He also stated that he did not believe the incident affected his chances.
Mr D Dunn, driver of HUSTLE, stated that his horse had been slow to begin and was attempting to catch up, but did acknowledge that his horse was checked and broke due to the incident. He also stated that he believed that his chances were not affected as he was so far back in the field when the interference occurred.
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 “DOUBLE LINE” had to take evasive action and check near the 1500m due to “MILLIONAIRE”, when hanging, shifted in. We are also satisfied that this interference resulted in the trailing runners being hampered, with “HUSTLE” breaking.
Taking all the above matters into account we decided that this protest should be upheld.

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: c6e8d775d2cdeba438d63d7a8bb85721


informantnumber: A5303


horsename: MILLIONAIRE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 11/10/2011


hearing_title: Rangiora HRC 11 October 2011 - R 2 (instigating a protest)


charge:


facts:

Following the running of Race 2, the Welcome To Idea Services Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging interference by “Millionaire” (13), driven by Mr BN Orange, to “Hustle” (16), driven by Mr DJ Dunn and other runners.
The Judges placings in this race were as follows.
1st Lisa’s Lawyer (7)
2nd Hughi Fella (1)
3rd Double Line (3)
4th Millionaire (13)
5th Tinted Moon (18)
6th Hayton JR (5)

The Information reads as follows:
That horse number 13, or its driver, placed 4th by the Judge, interfered with the chances of horse number 2, placed 15th by the Judge, as detailed below;
In that MILLIONAIRE hung in passing the 1500m, checking DOUBLE LINE, which resulted in a number of runners being hampered, including HUSTLE which broke in the incident.”
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 “MILLIONAIRE” were represented at this hearing by Mr BN Orange, the driver, and Mr DJ Dunn, the driver of “HUSTLE”, represented the interests of that horse. Mr G O’Reilly represented the connections of “DOUBLE LINE” All parties agreed that they understood the Rule and the nature of the protest.


appealdecision:


isappeal:


submissionsfordecision:

Video coverage of this incident was shown to illustrate that near the 1500m, MILLIONAIRE, who was improving forward in a three wide position, shifted in when hanging and not clear causing DOUBLE LINE to take evasive action and check. As a result trailing runners were hampered, with HUSTLE breaking.
Mr Ydgren called Mr G O’Reilly, the driver of DOUBLE LINE, to give evidence, who stated that as MILLIONAIRE improved past him, near the 1500m, he could see that horse was hanging in and he had to take evasive action when MILLIONAIRE shifted into his line of running. He also stated that he did not believe the incident affected his chances.
Mr D Dunn, driver of HUSTLE, stated that his horse had been slow to begin and was attempting to catch up, but did acknowledge that his horse was checked and broke due to the incident. He also stated that he believed that his chances were not affected as he was so far back in the field when the interference occurred.
We adjourned to consider our decision.


reasonsfordecision:

We carefully considered the evidence and the video coverage of the incident. We were satisfied that “DOUBLE LINE” had to take evasive action and check near the 1500m due to “MILLIONAIRE”, when hanging, shifted in. We are also satisfied that this interference resulted in the trailing runners being hampered, with “HUSTLE” breaking.
Taking all the above matters into account we decided that this protest should be upheld.


Decision:

The protest was upheld, and “MILLIONARE” was relegated from 4th to14th place. The amended places are as follows:
1st Lisa’s Lawyer (7)
2nd Hughi Fella (1)
3rd Double Line (3)
4th Tinted Moon (18)
5th Hayton JR (5)
6th Ellmer Hanover (12)

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)


Informant: Mr NM Ydgren - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr GD O'Reilly - Open Horseman, Mr DJ Dunn - Open Horseman


Respondent: Mr BN Orange - Licensed Open Horseman


StipendSteward:


raceid: 24c448545f70f13cfe2b1c4f89a5aca0


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: ac03f934a815deb8be202de24466f87f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/10/2011


meet_title: Rangiora HRC - 11 October 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: JPhelan


meet_pm2: none


name: Rangiora HRC