Archive Decision

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Rangiora HRC 20 October 2013 – R 7 (instigating a protest)

ID: JCA13224

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr B Orange - Licensed Horseman

Information Number:
A1994

Hearing Type:
Protest

Rules:
Rule 869(8)

Meet Title:
Rangiora HRC - 20 October 2013

Meet Chair:
KHales

Meet Committee Member 1:
RMcKenzie

Race Date:
2013/10/20

Race Number:
R7

Decision:

The protest is dismissed and stakes and dividends are to be paid in accordance with the Judge's placings.

Facts:

It was alleged by the Stipendiary Stewards that when passing the 600 metres mark, "Tokohoka" (B Orange) broke and as a result "My Entourage" (M Jones) had to shift ground outwards. In so doing, "Aveross Outlaw" was checked and broke. "Tokohoka" finished in 4th place, "My Entourage" 5th and "Aveross Outlaw" finished 10th.

Mr Renault showed the incident on the video coverage. He pointed out how as a result of "Tokohoka" breaking from its gait, that Mr Jones had to shift outwards and in the process caused a check to Mr Heaton's horse "Aveross Outlaw". There did not appear to be any contact made between any of the horses involved.

Mr Jones said that he was racing "four back" and was having trouble with his horse. He said that he couldn't really tell what was happening ahead of him. He said he was following Mr J Curtin's horse and felt that he did well  to get around Mr Orange. He said a whole line of horses shifted out 3 wide and successfully avoided Mr Orange. 

Mr Orange said that in view other drivers, including Dexter Dunn, Jim Curtin and Mark Jones did very well getting around him. He said that he did everything to bring his horse under control and went as close to the markers as he could. He further questioned, that as Mr Heaton's horse did not make contact with any other horse, then why did it break? 

Mr Heaton agreed that his horse was not going all that well and did not believe that his horse would have run on for a much better position at the finish. He said that everything happened very quickly and conceded that he didn't really know what happened.

Submissions for Decision:

In summary Mr Renault said that as a result of "Tokohoka" breaking from its gait, that the consequence was that other horses were placed in "tight quarters" and one consequence of that was the interference caused to "Aveross Outlaw" by "Tokohoka".

Reasons for Decision:

Having considered all of the evidence carefully, we formed the view that this was an unfortunate incident which can so often happen in racing. There was a kind of "concertina" effect as a consequence of Mr Orange's horse breaking from its gait. Mr Orange did everything required of him in terms of rule 870(1). He had little room to do this but took his horse as close as he could to the marker pegs. We also note that Mr Orange commented that several other drivers rather skilfully negotiated their way around him without incident. We also take cognisance of the fact that Mr Orange recovered to finish 4th ahead of Mr Jones, and Mr Heaton's concession that he was not expecting to finish in a much better position in any event.

As a result of our findings, we are not satisfied that that "Tokohoka" gained an advantage which would warrant the exercise of our discretion to place "Tokohoka" behind either "My Entourage" or Aveross Outlaw".

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: 555779cbe45677026cd78b089a1a2c67


informantnumber: A1994


horsename: TOKOHOKA


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 09/10/2013


hearing_title: Rangiora HRC 20 October 2013 - R 7 (instigating a protest)


charge:


facts:

It was alleged by the Stipendiary Stewards that when passing the 600 metres mark, "Tokohoka" (B Orange) broke and as a result "My Entourage" (M Jones) had to shift ground outwards. In so doing, "Aveross Outlaw" was checked and broke. "Tokohoka" finished in 4th place, "My Entourage" 5th and "Aveross Outlaw" finished 10th.

Mr Renault showed the incident on the video coverage. He pointed out how as a result of "Tokohoka" breaking from its gait, that Mr Jones had to shift outwards and in the process caused a check to Mr Heaton's horse "Aveross Outlaw". There did not appear to be any contact made between any of the horses involved.

Mr Jones said that he was racing "four back" and was having trouble with his horse. He said that he couldn't really tell what was happening ahead of him. He said he was following Mr J Curtin's horse and felt that he did well  to get around Mr Orange. He said a whole line of horses shifted out 3 wide and successfully avoided Mr Orange. 

Mr Orange said that in view other drivers, including Dexter Dunn, Jim Curtin and Mark Jones did very well getting around him. He said that he did everything to bring his horse under control and went as close to the markers as he could. He further questioned, that as Mr Heaton's horse did not make contact with any other horse, then why did it break? 

Mr Heaton agreed that his horse was not going all that well and did not believe that his horse would have run on for a much better position at the finish. He said that everything happened very quickly and conceded that he didn't really know what happened.


appealdecision:


isappeal:


submissionsfordecision:

In summary Mr Renault said that as a result of "Tokohoka" breaking from its gait, that the consequence was that other horses were placed in "tight quarters" and one consequence of that was the interference caused to "Aveross Outlaw" by "Tokohoka".


reasonsfordecision:

Having considered all of the evidence carefully, we formed the view that this was an unfortunate incident which can so often happen in racing. There was a kind of "concertina" effect as a consequence of Mr Orange's horse breaking from its gait. Mr Orange did everything required of him in terms of rule 870(1). He had little room to do this but took his horse as close as he could to the marker pegs. We also note that Mr Orange commented that several other drivers rather skilfully negotiated their way around him without incident. We also take cognisance of the fact that Mr Orange recovered to finish 4th ahead of Mr Jones, and Mr Heaton's concession that he was not expecting to finish in a much better position in any event.

As a result of our findings, we are not satisfied that that "Tokohoka" gained an advantage which would warrant the exercise of our discretion to place "Tokohoka" behind either "My Entourage" or Aveross Outlaw".


Decision:

The protest is dismissed and stakes and dividends are to be paid in accordance with the Judge's placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 869(8)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr M Jones - Open Horseman, Mr M Heaton - Graduation Horseman Licence to train


Respondent: Mr B Orange - Licensed Horseman


StipendSteward:


raceid: adc9454fe560748599aee4f7da268623


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: 3fcd8fbbee83e9bea59c12e259bc1900


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/10/2013


meet_title: Rangiora HRC - 20 October 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: KHales


meet_pm1: RMcKenzie


meet_pm2: none


name: Rangiora HRC