Reefton TC 10 March 2013 – R 6 (instigating a protest)
ID: JCA13583
Meet Title:
Reefton TC - 10 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/03/10
Race Number:
R 6
Decision:
The protest was upheld, and “Marilyn Golightly” was relegated from 2nd place to 4th place. The amended places are as follows:
1st Nothing But Girls (1)
2nd Garndor (9)
3rd Shikari (10)
4th Marilyn Golightly (2)
5th Riverboat Gracie (5)
6th Carbo Wabo (4)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 6, the Thomas Freight Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N M Ydgren alleging interference by “Marilyn Golightly” (2), driven by Mr J Anderson, to “Shikari” (10), driven by Mr G Smith.
The Judge's placings in this race were as follows:
1st Nothing But Girls (1)
2nd Marilyn Golightly (2)
3rd Garndor (9)
4th Shikari (10)
5th Riverboat Gracie (5)
6th Cabo Wabo (4)
The Information reads as follows:
“That horse number 2, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 10, placed 4th by the Judge, as detailed below;
“In that over the concluding stages “Marilyn Golightly” hung inwards and locked wheels with “Shikari” causing G Smith to restrain and lose momentum”.
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 “Marilyn Golightly” were represented at this hearing by Junior Horseman Mr J Anderson with the assistance of Mr R May, and Mr G Smith, the driver of “Shikari”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr Ydgren gave evidence and showed the relevant films of the final stages of the race which showed “Marilyn Golightly” in the parked position with “Shikari” in the trail of the eventual winner, “Nothing But Girls”. He pointed out a gap that presented itself on the outside of “Nothing But Girls” when “Marilyn Golightly” began to drift outwards and “Nothing But Girls” shifted closer to the pylons. Mr Smith then moved out to improve into the gap presented and as he was taking advantage of this gap, “Marilyn Golightly” began to hang inwards, shifting in narrowing “Shikari’s” racing room, eventually locking wheels with “Shikari”. Shortly afterwards “Nothing But Girls” began to drift outwards narrowing the gap further.“Shikari” was unable to improve further and stayed locked with “Marilyn Golightly” until past the winning post. Mr Ydgren submitted that “Marilyn Golightly”and “Shikari” remained locked together for the final 30 metres of the race. Mr Ydgren stated that while “Shikari” and” Marilyn Golightly” were locked together “Garndor”, driven by Mr R May, got up on the outside, finishing in 3rd place. The official margin between 2nd and 3rd was a half head and between 3rd and 4th the margin was a half head. Mr Ydgren asked the Committee to take into consideration whether there was a full gap presented to “Shikari” to improve into.
Mr Smith stated he was full of running in the trail behind “Nothing But Girls” and had not activated his blinds or hood when he could see “Marilyn Golightly” drifting out under pressure which presented a gap for him to improve into. His horse was travelling well and responded strongly when committing to the gap. “Marilyn Golightly” then began to drift back in, narrowing the gap and hooking the wheel of “Shikari”. Mr Smith had to then take hold of his horse and try to clear the locked wheels which did not happen until after the post. He stated that with the small margin at the post this incident has definitely cost him 3rd placing. He stated that had he not hooked wheels with “Marilyn Golightly” he would have finished in a better position.
Mr Anderson stated that it was obvious that both horses had locked wheels over the concluding stages but questioned whether there was a sufficient gap for “Shikari” to improve into just prior to the incident. Mr May stated that the incident had happened close to the winning post which should be taken into consideration. He also stated that Miss Ottley’s drive “Nothing But Girls” contributed to the incident by drifting out over the final stages.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The video evidence was conclusive and the Committee was satisfied that a sufficient gap had presented itself, albeit briefly, to “Shikari” when “Marilyn Golightly” drifted outwards and “Nothing But Girls” shifted in closer to the pylons. “Shikari” was full of running at the time and improved into this space quickly, however as “Shikari” was taking full advantage of this racing room “Marilyn Golightly” began to hang inwards and shift down into the racing room of “Shikari”. Both horses then locked wheels with “Shikari” being impeded by “Marilyn Golightly’s wheel and unable to improve further until past the post. We were also satisfied that the although ”Nothing But Girls” had drifted out over the final stages and at first appeared to contribute to the incident, this movement began momentarily after the wheels of “Shikari” and ”Marilyn Golightly” locked wheels so had no influence on the incident.
Taking into consideration all factors including the official margins, the Committee was satisfied that due to the interference suffered to “Shikari” by “Marilyn Golightly” over the final stages, which clearly affected the progress or chance of SHIKARI, that the 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: 49ab740faf1e85a70879b5cc3c83dc4c
informantnumber: A4981
horsename: MARILYN GOLIGHTLY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2013
hearing_title: Reefton TC 10 March 2013 - R 6 (instigating a protest)
charge:
facts:
Following the running of Race 6, the Thomas Freight Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N M Ydgren alleging interference by “Marilyn Golightly” (2), driven by Mr J Anderson, to “Shikari” (10), driven by Mr G Smith.
The Judge's placings in this race were as follows:
1st Nothing But Girls (1)
2nd Marilyn Golightly (2)
3rd Garndor (9)
4th Shikari (10)
5th Riverboat Gracie (5)
6th Cabo Wabo (4)
The Information reads as follows:
“That horse number 2, or its driver, placed 2nd by the Judge, interfered with the chances of horse number 10, placed 4th by the Judge, as detailed below;
“In that over the concluding stages “Marilyn Golightly” hung inwards and locked wheels with “Shikari” causing G Smith to restrain and lose momentum”.
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 “Marilyn Golightly” were represented at this hearing by Junior Horseman Mr J Anderson with the assistance of Mr R May, and Mr G Smith, the driver of “Shikari”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and showed the relevant films of the final stages of the race which showed “Marilyn Golightly” in the parked position with “Shikari” in the trail of the eventual winner, “Nothing But Girls”. He pointed out a gap that presented itself on the outside of “Nothing But Girls” when “Marilyn Golightly” began to drift outwards and “Nothing But Girls” shifted closer to the pylons. Mr Smith then moved out to improve into the gap presented and as he was taking advantage of this gap, “Marilyn Golightly” began to hang inwards, shifting in narrowing “Shikari’s” racing room, eventually locking wheels with “Shikari”. Shortly afterwards “Nothing But Girls” began to drift outwards narrowing the gap further.“Shikari” was unable to improve further and stayed locked with “Marilyn Golightly” until past the winning post. Mr Ydgren submitted that “Marilyn Golightly”and “Shikari” remained locked together for the final 30 metres of the race. Mr Ydgren stated that while “Shikari” and” Marilyn Golightly” were locked together “Garndor”, driven by Mr R May, got up on the outside, finishing in 3rd place. The official margin between 2nd and 3rd was a half head and between 3rd and 4th the margin was a half head. Mr Ydgren asked the Committee to take into consideration whether there was a full gap presented to “Shikari” to improve into.
Mr Smith stated he was full of running in the trail behind “Nothing But Girls” and had not activated his blinds or hood when he could see “Marilyn Golightly” drifting out under pressure which presented a gap for him to improve into. His horse was travelling well and responded strongly when committing to the gap. “Marilyn Golightly” then began to drift back in, narrowing the gap and hooking the wheel of “Shikari”. Mr Smith had to then take hold of his horse and try to clear the locked wheels which did not happen until after the post. He stated that with the small margin at the post this incident has definitely cost him 3rd placing. He stated that had he not hooked wheels with “Marilyn Golightly” he would have finished in a better position.
Mr Anderson stated that it was obvious that both horses had locked wheels over the concluding stages but questioned whether there was a sufficient gap for “Shikari” to improve into just prior to the incident. Mr May stated that the incident had happened close to the winning post which should be taken into consideration. He also stated that Miss Ottley’s drive “Nothing But Girls” contributed to the incident by drifting out over the final stages.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The video evidence was conclusive and the Committee was satisfied that a sufficient gap had presented itself, albeit briefly, to “Shikari” when “Marilyn Golightly” drifted outwards and “Nothing But Girls” shifted in closer to the pylons. “Shikari” was full of running at the time and improved into this space quickly, however as “Shikari” was taking full advantage of this racing room “Marilyn Golightly” began to hang inwards and shift down into the racing room of “Shikari”. Both horses then locked wheels with “Shikari” being impeded by “Marilyn Golightly’s wheel and unable to improve further until past the post. We were also satisfied that the although ”Nothing But Girls” had drifted out over the final stages and at first appeared to contribute to the incident, this movement began momentarily after the wheels of “Shikari” and ”Marilyn Golightly” locked wheels so had no influence on the incident.
Taking into consideration all factors including the official margins, the Committee was satisfied that due to the interference suffered to “Shikari” by “Marilyn Golightly” over the final stages, which clearly affected the progress or chance of SHIKARI, that the protest should be upheld.
Decision:
The protest was upheld, and “Marilyn Golightly” was relegated from 2nd place to 4th place. The amended places are as follows:
1st Nothing But Girls (1)
2nd Garndor (9)
3rd Shikari (10)
4th Marilyn Golightly (2)
5th Riverboat Gracie (5)
6th Carbo Wabo (4)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)(b)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr G D Smith - Open Horseman, Mr R T May - Open Horseman
Respondent: Mr J G Anderson - Junior Horseman
StipendSteward:
raceid: ba657f5b722150433f49578a0e1c6c52
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 796a15fa6f22e190790b845083e3bfc6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/03/2013
meet_title: Reefton TC - 10 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Reefton TC