Rangiora HRC 8 May 2011 – R4 (instigating a Protest)
ID: JCA12455
Meet Title:
Rangiora HRC - 8 May 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/05/08
Race Number:
R4
Decision:
The protest was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 4, Gulliver & Tyler Limited (Rangiora) Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, by SOUTHERN DIVA (C J De Filippi), placed 9th by the judge, against IMA DUDE TOO (K L Williams), placed 1st by the judge, on the grounds of interference in that “at the 1300 metres IMA DUDE TOO hit the wheel of SOUTHERN DIVA”.
Mr K L Williams, trainer and driver of IMA DUDE TOO was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing.
Rule 869 (8) 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.
Submissions for Decision:
Mr Renault stated that Mr De Filippi was the driver of SOUTHERN DIVA which was racing 3-back on the marker line with a round to go. He then moved of the markers into the one-one position which had just been vacated by FLYOVER. Mr Williams, driving IMA DUDE TOO, had been trailing FLYOVER, 3-back in the running line. Mr Renault said that it was alleged that IMA DUDE TOO had struck the wheel of SOUTHERN DIVA, which sustained a flat tyre with which it raced for the remainder of the race.
Mr De Filippi said that when FLYOVER moved out from the one-one position, he moved off the markers to take its place. A “couple of yards” after he did so, IMA DUDE TOO struck his wheel puncturing the tyre. He said that a flat tyre did not help his chances but he added that it was not the sole reason that he did not run in the money. He said that there was not a lot of room when he did come out and the movement got Mr Williams’ horse “up on the nickel”. Mr Williams agreed that that was the case.
Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident with 1300 metres to run. He pointed out Mr De Filippi look down at the point where his wheel was struck. He submitted that Mr De Filippi was established in the position when his wheel was struck.
Mr Renault submitted that having a flat tyre for the final 1300 metres would make “a big difference”. He showed a video replay of the final stages of the race and said that SOUTHERN DIVA had tired over the final stages.
Mr Williams stated that he did not attempt to go into the gap vacated by FLYOVER. Mr De Filippi had come out which caused his horse to race quite keenly at that point. He submitted that Mr De Filippi had looked down because he knew his tyre was flat rather than that he had felt his wheel being struck. Mr Williams said that he had made every endeavour to give Mr De Filippi enough room, given that he could not hold that position because Mr De Filippi had already come out or was coming out. He submitted that it was “tyre contact” rather than “wheel contact”. Mr De Filippi agreed. Finally, Mr Williams submitted that he did not affect the chances of Mr De Filippi’s horse. What happened was part of the “to and fro of racing”, he said. He simply could not get out of Mr De Filippi’s way quite quickly enough. Mr De Filippi agreed that there was only just enough room when he shifted out from the markers. IMA DUDE TOO had been racing keenly enough at the time, Mr De Filippi said.
In conclusion, Mr Renault submitted that Mr De Filippi was entitled to come out when he did. Finally, he said, a flat tyre for the last 1300 metres of the race was a “huge factor” which had clearly affected the chances of SOUTHERN DIVA.
Reasons for Decision:
The Committee had carefully viewed the video replay of the race and the incident with approximately 1300 metres to run. The alleged striking of the wheel could not be seen from any of the videos but it was accepted that SOUTHERN DIVA had sustained a flat tyre at approximately the 1300 metres when Mr De Filippi, on that horse, shifted from 3-back on the markers to the one-one position in front of Mr Williams on IMA DUDE TOO.
The Committee was satisfied that Mr Williams was blameless. Mr De Filippi stated that that there was only just enough room for him to shift out and both drivers agreed that IMA DUDE TOO began to race keenly at that point.
Of course, the Rule does not require that the driver be at fault for interference to take place. In this case, the Committee was satisfied that IMA DUDE TOO did strike the tyre of SOUTHERN DIVA, although it could not have been more than a glancing blow since it was not apparent from the video replay. Causing a flat tyre to another runner can amount to interference. However, the Committee was of the view that SOUTHERN DIVA was not solely responsible for the interference as Mr De Filippi and Mr Williams both stated that there was just enough room for SOUTHERN DIVA to take up the space vacated by FLYOVER. SOUTHERN DIVA could be said to have contributed to the incident. The Committee was satisfied that neither driver was at fault and what happened is best described as a “racing incident” – that is to say, something that happens in a race that is just part of racing and no horse or driver in particular is at fault. Mr Williams described it as “the to and fro” of racing.
Although, the Committee believes, it is not necessary to decide whether the progress or chance of SOUTHERN DIVA was affected, it tended to the view, based on the evidence of Mr De Filippi, that it would be difficult to find that it would have finished in a stakes or dividend-bearing placing. The Committee noted that stakes were payable to the first four placegetters in the race and that SOUTHERN DIVA had finished 9th, 4.60 metres from the 4th placegetter. It is, of course, difficult to calculate the effect of a flat tyre for the final 1300 metres but Mr De Filippi clearly stated that the flat tyre was not the sole factor in his horse’s 9th placing.
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: 5e39fc481f5c130d3a12fdc50614e972
informantnumber: 13803
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/04/2011
hearing_title: Rangiora HRC 8 May 2011 - R4 (instigating a Protest)
charge:
facts:
Following the running of Race 4, Gulliver & Tyler Limited (Rangiora) Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, by SOUTHERN DIVA (C J De Filippi), placed 9th by the judge, against IMA DUDE TOO (K L Williams), placed 1st by the judge, on the grounds of interference in that “at the 1300 metres IMA DUDE TOO hit the wheel of SOUTHERN DIVA”.
Mr K L Williams, trainer and driver of IMA DUDE TOO was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing.
Rule 869 (8) 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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault stated that Mr De Filippi was the driver of SOUTHERN DIVA which was racing 3-back on the marker line with a round to go. He then moved of the markers into the one-one position which had just been vacated by FLYOVER. Mr Williams, driving IMA DUDE TOO, had been trailing FLYOVER, 3-back in the running line. Mr Renault said that it was alleged that IMA DUDE TOO had struck the wheel of SOUTHERN DIVA, which sustained a flat tyre with which it raced for the remainder of the race.
Mr De Filippi said that when FLYOVER moved out from the one-one position, he moved off the markers to take its place. A “couple of yards” after he did so, IMA DUDE TOO struck his wheel puncturing the tyre. He said that a flat tyre did not help his chances but he added that it was not the sole reason that he did not run in the money. He said that there was not a lot of room when he did come out and the movement got Mr Williams’ horse “up on the nickel”. Mr Williams agreed that that was the case.
Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident with 1300 metres to run. He pointed out Mr De Filippi look down at the point where his wheel was struck. He submitted that Mr De Filippi was established in the position when his wheel was struck.
Mr Renault submitted that having a flat tyre for the final 1300 metres would make “a big difference”. He showed a video replay of the final stages of the race and said that SOUTHERN DIVA had tired over the final stages.
Mr Williams stated that he did not attempt to go into the gap vacated by FLYOVER. Mr De Filippi had come out which caused his horse to race quite keenly at that point. He submitted that Mr De Filippi had looked down because he knew his tyre was flat rather than that he had felt his wheel being struck. Mr Williams said that he had made every endeavour to give Mr De Filippi enough room, given that he could not hold that position because Mr De Filippi had already come out or was coming out. He submitted that it was “tyre contact” rather than “wheel contact”. Mr De Filippi agreed. Finally, Mr Williams submitted that he did not affect the chances of Mr De Filippi’s horse. What happened was part of the “to and fro of racing”, he said. He simply could not get out of Mr De Filippi’s way quite quickly enough. Mr De Filippi agreed that there was only just enough room when he shifted out from the markers. IMA DUDE TOO had been racing keenly enough at the time, Mr De Filippi said.
In conclusion, Mr Renault submitted that Mr De Filippi was entitled to come out when he did. Finally, he said, a flat tyre for the last 1300 metres of the race was a “huge factor” which had clearly affected the chances of SOUTHERN DIVA.
reasonsfordecision:
The Committee had carefully viewed the video replay of the race and the incident with approximately 1300 metres to run. The alleged striking of the wheel could not be seen from any of the videos but it was accepted that SOUTHERN DIVA had sustained a flat tyre at approximately the 1300 metres when Mr De Filippi, on that horse, shifted from 3-back on the markers to the one-one position in front of Mr Williams on IMA DUDE TOO.
The Committee was satisfied that Mr Williams was blameless. Mr De Filippi stated that that there was only just enough room for him to shift out and both drivers agreed that IMA DUDE TOO began to race keenly at that point.
Of course, the Rule does not require that the driver be at fault for interference to take place. In this case, the Committee was satisfied that IMA DUDE TOO did strike the tyre of SOUTHERN DIVA, although it could not have been more than a glancing blow since it was not apparent from the video replay. Causing a flat tyre to another runner can amount to interference. However, the Committee was of the view that SOUTHERN DIVA was not solely responsible for the interference as Mr De Filippi and Mr Williams both stated that there was just enough room for SOUTHERN DIVA to take up the space vacated by FLYOVER. SOUTHERN DIVA could be said to have contributed to the incident. The Committee was satisfied that neither driver was at fault and what happened is best described as a “racing incident” – that is to say, something that happens in a race that is just part of racing and no horse or driver in particular is at fault. Mr Williams described it as “the to and fro” of racing.
Although, the Committee believes, it is not necessary to decide whether the progress or chance of SOUTHERN DIVA was affected, it tended to the view, based on the evidence of Mr De Filippi, that it would be difficult to find that it would have finished in a stakes or dividend-bearing placing. The Committee noted that stakes were payable to the first four placegetters in the race and that SOUTHERN DIVA had finished 9th, 4.60 metres from the 4th placegetter. It is, of course, difficult to calculate the effect of a flat tyre for the final 1300 metres but Mr De Filippi clearly stated that the flat tyre was not the sole factor in his horse’s 9th placing.
Decision:
The protest was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: K L Williams, Licensed Open Driver, C J De Filippi
Respondent:
StipendSteward:
raceid: c8f87c8d5495e58cbffa29b071e77ab3
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: fa50484515df595a3b9d0f3393c214a2
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/05/2011
meet_title: Rangiora HRC - 8 May 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RMcKenzie", "Member": "", "OtherExpenses": "0", "KMs": "90", "Total": "55.8", "kmprice": 55.799999999999997, "Approved": "on"}]
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Rangiora HRC