Rangiora HRC 28 February 2013 R 1 (instigating a protest)
ID: JCA11405
Meet Title:
Rangiora HRC - 28 February 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2013/02/28
Race Number:
R1
Decision:
The amended placings were as follows:
1st – Arden’s Attack (6)
2nd – The Lutts (3)
3rd – J C Skipper (11)
4th – Kellyrox (4)
5th – Maiden Rome (5)
6th – Jack Frost ((1)
There was a direction that dividends and stake money be paid in accordance with the amended placings.
Facts:
Following the running of Race 1, the Bishopdale / Bush Inn TABs Amateur Drivers Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 862(2) by Advanced Amateur Driver Mr A. C. White, driver of “Bedtime” (10), which finished 1st in the race.
The Judge’s placings in this race were as follows:
1st – Bedtime (10)
2nd – Arden’s Attack (6)
3rd – The Lutts (3)
4th – J C Skipper (11)
5th – Kellyrox (4)
6th – Maiden Rome (5)
The Information reads as follows:
“I the above named informant allege that horse number (10) or its driver breached the provisions of Rule 862(2) (in that) Bedtime (A. White) started from the incorrect barrier position of 2 on the second line and gained an advantage.”
Rule 862(2), which needs to be read in conjunction with sub-rules (1) and (3), provides as follows:
(1) No horseman shall permit a horse to start, and no horse shall start on a mark in advance of its proper mark.
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile or moving 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.”
The connections of “Bedtime” were represented at this hearing by Mr A. C. White, the driver of that horse. The driver of “J C Skipper” (11), Mr M. F. Maynard, also attended the hearing, and he represented the interests of that horse. Mr White agreed that he understood the Rule that this protest was brought under, and the nature of the protest.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that this was a 2600 metre mobile start race, that “Bedtime” had drawn barrier one on the second row, and “J C Skipper’ had drawn two on the second row, these being the only two horses on the second row in this race.
In the score up to the start of this race “J C Skipper” had lost ground, and was still a distance away when turning into the straight prior to the start. However “J C Skipper” was making up ground steadily and by the time the race started he was trying to take up his position, but was prevented from doing so by “Bedtime” which had moved outwards to trail the horse which had drawn two on the front line, this being “Shezarocker” (2).
Mr Maynard gave evidence that just prior to the start of this race he was in a position to take up his rightful draw of two on the second line. He said that he called out to Mr White to give him room, but when the race started he was unable to take his position.
Mr Maynard said his chances were badly affected, and he was squeezed out of a handy position. It was established that at the finish he was 4th and 2½ lengths from the winner, and a short head from the 3rd horse.
Mr White gave evidence that he was aware that “J C Skipper” had missed the start and believed he was entitled to trail “Shezarocker”. He agreed that Mr Maynard had called out for room at the start, but believed that he was too far back to take up his rightful position at that time.
We adjourned to consider our decision.
Reasons for Decision:
Video coverage of the start of this race was shown to the committee on many occasions. It could be seen that before the start Mr White had positioned his horse in its correct position, but nearing the starting point he had moved out to trail “Shezarocker” which had dawn two on the front line. At the starting point Mr White had moved back inwards a little, but then moved out again to follow “Shezarocker”. We were satisfied that the actions of Mr White resulted in Mr Maynard being unable to trail “Shezarocker” as he was entitled to do. As a result Mr Maynard was unable to find racing room and was pushed back into a disadvantageous position.
Taking all the evidence into consideration we were satisfied that Mr White had taken a position at the start that he was not entitled to, and that as a result had gained an advantage over Mr Maynard. We decided that we should exercise our discretion under Rule 862(3) and disqualify “Bedtime” from its 1st placing.
Accordingly the protest was upheld.
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: 1e722e60f2dbab38283f82aea5b2f5ae
informantnumber: A4968
horsename: Bedtime
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/02/2013
hearing_title: Rangiora HRC 28 February 2013 R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, the Bishopdale / Bush Inn TABs Amateur Drivers Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 862(2) by Advanced Amateur Driver Mr A. C. White, driver of “Bedtime” (10), which finished 1st in the race.
The Judge’s placings in this race were as follows:
1st – Bedtime (10)
2nd – Arden’s Attack (6)
3rd – The Lutts (3)
4th – J C Skipper (11)
5th – Kellyrox (4)
6th – Maiden Rome (5)
The Information reads as follows:
“I the above named informant allege that horse number (10) or its driver breached the provisions of Rule 862(2) (in that) Bedtime (A. White) started from the incorrect barrier position of 2 on the second line and gained an advantage.”
Rule 862(2), which needs to be read in conjunction with sub-rules (1) and (3), provides as follows:
(1) No horseman shall permit a horse to start, and no horse shall start on a mark in advance of its proper mark.
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile or moving 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.”
The connections of “Bedtime” were represented at this hearing by Mr A. C. White, the driver of that horse. The driver of “J C Skipper” (11), Mr M. F. Maynard, also attended the hearing, and he represented the interests of that horse. Mr White agreed that he understood the Rule that this protest was brought under, and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that this was a 2600 metre mobile start race, that “Bedtime” had drawn barrier one on the second row, and “J C Skipper’ had drawn two on the second row, these being the only two horses on the second row in this race.
In the score up to the start of this race “J C Skipper” had lost ground, and was still a distance away when turning into the straight prior to the start. However “J C Skipper” was making up ground steadily and by the time the race started he was trying to take up his position, but was prevented from doing so by “Bedtime” which had moved outwards to trail the horse which had drawn two on the front line, this being “Shezarocker” (2).
Mr Maynard gave evidence that just prior to the start of this race he was in a position to take up his rightful draw of two on the second line. He said that he called out to Mr White to give him room, but when the race started he was unable to take his position.
Mr Maynard said his chances were badly affected, and he was squeezed out of a handy position. It was established that at the finish he was 4th and 2½ lengths from the winner, and a short head from the 3rd horse.
Mr White gave evidence that he was aware that “J C Skipper” had missed the start and believed he was entitled to trail “Shezarocker”. He agreed that Mr Maynard had called out for room at the start, but believed that he was too far back to take up his rightful position at that time.
We adjourned to consider our decision.
reasonsfordecision:
Video coverage of the start of this race was shown to the committee on many occasions. It could be seen that before the start Mr White had positioned his horse in its correct position, but nearing the starting point he had moved out to trail “Shezarocker” which had dawn two on the front line. At the starting point Mr White had moved back inwards a little, but then moved out again to follow “Shezarocker”. We were satisfied that the actions of Mr White resulted in Mr Maynard being unable to trail “Shezarocker” as he was entitled to do. As a result Mr Maynard was unable to find racing room and was pushed back into a disadvantageous position.
Taking all the evidence into consideration we were satisfied that Mr White had taken a position at the start that he was not entitled to, and that as a result had gained an advantage over Mr Maynard. We decided that we should exercise our discretion under Rule 862(3) and disqualify “Bedtime” from its 1st placing.
Accordingly the protest was upheld.
Decision:
The amended placings were as follows:
1st – Arden’s Attack (6)
2nd – The Lutts (3)
3rd – J C Skipper (11)
4th – Kellyrox (4)
5th – Maiden Rome (5)
6th – Jack Frost ((1)
There was a direction that dividends and stake money be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 862(2)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M. F. Maynard - Advanced Amateur Driver
Respondent: Mr A. C. White - Advanced Amateur Driver
StipendSteward:
raceid: 8527319b2fb1c631161f2ff8b574225c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8c826b7ff86916367bb2e4b4df86d4db
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/02/2013
meet_title: Rangiora HRC - 28 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Rangiora HRC