Rangiora HRC 30 March 2011 – R 4 (instigating a protest)
ID: JCA14482
Meet Title:
Rangiora HRC - 30 March 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2011/03/30
Race Number:
R4
Decision:
The protest by the 4th horse, FRANCO TALON, was dismissed. The protest by the 3rd horse, MARAVU HALEY was upheld and MIRTHFUL MAC was relegated from 1st placing. As a consequence of the relegation, the amended result for the race is as follows:
1st 7 Lady Penrose
2nd 4 Maravu Haley
3rd 3 Mirthful Mac
4th 9 Franco Talon
5th 2 Betstar
Facts:
Following the running of Race 4, Mark Hanover Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams against MIRTHFUL MAC (D J Dunn), placed 1st by the judge, on the grounds of interference to MARAVU HALEY (R T May), placed 3rd by the judge, and FRANCO TALON (T S Chmiel), placed 4th by the judge, with 700 metres to run in that MIRTHFUL MAC forced those runners to race 4-wide and 3-wide respectively from the 700 metres.
Rule 869 provides as follows:
(8) 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 judge’s official margins were a long neck, a long neck and 1 length.
Submissions for Decision:
Mrs Williams showed video relays of the relevant part of the race with approximately 700 metres to run. She pointed out MIRTHFUL MAC, driven by Mr Dunn, leading the field at that point with FRANCO TALON (T S Chmiel) racing outside it and MARAVU HALEY (R T May), 3-wide outside FRANCO TALON. She then pointed out MIRTHFUL MAC pace roughly and then break and move out from the markers, allowing the trailing runner up on its inside. As a result, FRANCO TALON was forced to race 3-wide and MARAVU HALEY was forced to race 4-wide. MIRTHFUL MAC immediately went back into a pace but the other two horses were forced to race wider for the remainder of the race.
Mr May, driver of MARAVU HALEY, said that he was forced to race 4-wide round the bend from the 700 metres to the straight entrance. He said that near the finish he had got up outside MIRTHFUL MAC but his mare had got tired, which was not surprising considering the extra ground she had been forced to cover. Mr May said that he believed that he would have finished closer but for being forced to race wider.
Mr Chmiel confirmed that he had been forced from the parked position to 3–wide when MIRTHFUL MAC broke. He believed that his chances of finishing in a higher placing had been affected. He said that his horse had been forced “to sprint hard”.
Mr Dunn said that he had moved off the markers to avoid checking following runners but his horse had “come back down pretty quick” after galloping. He said that all three horses had been forced to race one wider. He said that he believed his horse was “too good” and would have won the race in any event.
Reasons for Decision:
The Committee was satisfied that, when MIRTHFUL MAC galloped briefly with approximately 700 metres to run, it interfered with the progress or chance of both MARAVU HALEY, placed 3rd, and FRANCO TALON, placed 4th, by forcing those runners to race wider. The Committee noted that MARAVU HALEY finished two long necks from the winner despite having been forced to race over extra ground as a result of MIRTHFUL MAC forcing it to race wider. The Committee accepted Mr May’s evidence that he would otherwise have finished in a higher placing and it was significant that Mr May’s horse finished only a long neck from the 2nd placed horse.
The Committee was satisfied that forcing another to race wider in such circumstances is “interference” for the purposes of Rule 869 (8).
While the Committee accepted that the progress or chance of FRANCO TALON, placed 4th, was affected as a result of it being forced to race 3-wide, the Committee was not satisfied that its chances of finishing in a higher placing were affected. It was significant, in this regard, that the margin between 3rd and 4th was 1 length.
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: 88ab377aa671b5e3c6e14e7f6d019aab
informantnumber: 13956
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2011
hearing_title: Rangiora HRC 30 March 2011 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, Mark Hanover Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams against MIRTHFUL MAC (D J Dunn), placed 1st by the judge, on the grounds of interference to MARAVU HALEY (R T May), placed 3rd by the judge, and FRANCO TALON (T S Chmiel), placed 4th by the judge, with 700 metres to run in that MIRTHFUL MAC forced those runners to race 4-wide and 3-wide respectively from the 700 metres.
Rule 869 provides as follows:
(8) 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 judge’s official margins were a long neck, a long neck and 1 length.
appealdecision:
isappeal:
submissionsfordecision:
Mrs Williams showed video relays of the relevant part of the race with approximately 700 metres to run. She pointed out MIRTHFUL MAC, driven by Mr Dunn, leading the field at that point with FRANCO TALON (T S Chmiel) racing outside it and MARAVU HALEY (R T May), 3-wide outside FRANCO TALON. She then pointed out MIRTHFUL MAC pace roughly and then break and move out from the markers, allowing the trailing runner up on its inside. As a result, FRANCO TALON was forced to race 3-wide and MARAVU HALEY was forced to race 4-wide. MIRTHFUL MAC immediately went back into a pace but the other two horses were forced to race wider for the remainder of the race.
Mr May, driver of MARAVU HALEY, said that he was forced to race 4-wide round the bend from the 700 metres to the straight entrance. He said that near the finish he had got up outside MIRTHFUL MAC but his mare had got tired, which was not surprising considering the extra ground she had been forced to cover. Mr May said that he believed that he would have finished closer but for being forced to race wider.
Mr Chmiel confirmed that he had been forced from the parked position to 3–wide when MIRTHFUL MAC broke. He believed that his chances of finishing in a higher placing had been affected. He said that his horse had been forced “to sprint hard”.
Mr Dunn said that he had moved off the markers to avoid checking following runners but his horse had “come back down pretty quick” after galloping. He said that all three horses had been forced to race one wider. He said that he believed his horse was “too good” and would have won the race in any event.
reasonsfordecision:
The Committee was satisfied that, when MIRTHFUL MAC galloped briefly with approximately 700 metres to run, it interfered with the progress or chance of both MARAVU HALEY, placed 3rd, and FRANCO TALON, placed 4th, by forcing those runners to race wider. The Committee noted that MARAVU HALEY finished two long necks from the winner despite having been forced to race over extra ground as a result of MIRTHFUL MAC forcing it to race wider. The Committee accepted Mr May’s evidence that he would otherwise have finished in a higher placing and it was significant that Mr May’s horse finished only a long neck from the 2nd placed horse.
The Committee was satisfied that forcing another to race wider in such circumstances is “interference” for the purposes of Rule 869 (8).
While the Committee accepted that the progress or chance of FRANCO TALON, placed 4th, was affected as a result of it being forced to race 3-wide, the Committee was not satisfied that its chances of finishing in a higher placing were affected. It was significant, in this regard, that the margin between 3rd and 4th was 1 length.
Decision:
The protest by the 4th horse, FRANCO TALON, was dismissed. The protest by the 3rd horse, MARAVU HALEY was upheld and MIRTHFUL MAC was relegated from 1st placing. As a consequence of the relegation, the amended result for the race is as follows:
1st 7 Lady Penrose
2nd 4 Maravu Haley
3rd 3 Mirthful Mac
4th 9 Franco Talon
5th 2 Betstar
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869 (8)
Informant: K R Williams, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: D J Dunn, Licensed Junior Driver, T S Chmiel, Licensed Open Driver, R T May, R Rennie, trainer of MARAVU HALEY, T A Beaton, part-owner of Mirthful Mac
Respondent:
StipendSteward:
raceid: 792ee4e38b1fd70df3e47d7e5cd0719e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 963c05bde07555589202b7484fc45aa0
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2011
meet_title: Rangiora HRC - 30 March 2011
meet_expappcomment:
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meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: Rangiora HRC