Reefton TC 13 March 2011 – R 7 (instigating a protest)
ID: JCA16905
Meet Title:
Reefton TC - 13 March 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2011/03/13
Race Number:
R 7
Decision:
As the next race was about to start, and none of the parties were present, we advised the Stipendiary Stewards that the protest was dismissed.
Facts:
Following the running of Race 7, the Speight’s Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging interference by “Blue Jean Legend” (7), driven by Mr J. R. Dunn, to “Little Ted” (5), driven by Mr C. T. Woodward, and “Genies Son” (13), driven by Mr S. F. Smolenski.
The Judges placings in this race were as follows.
1st – Blue Jean Legend (7)
2nd – El Salvador (16)
3rd – Cohort (4)
4th – Whataflyer (6)
5th – Our Big Mac (10)
6th – Sugar Rush (9)
The Information reads as follows.
“This is a protest against horse number (7) placed 1st by the Judge on the grounds of interference to horse numbers 5 – 13, Blue Jean Legend turning for home paced roughly and caused interference to Little Ted and Genies Son.”
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 “Blue Jean Legend” (7) were represented at this hearing by Mr J. R. Dunn, while Messrs C. T. Woodward and S. F. Smolenski represented the interests of “Little Ted” (5) and “Genies Son” (13) respectively.
Submissions for Decision:
Mr McIntyre used video coverage of this incident to show that rounding the final bend “Blue Jean Legend” paced roughly for a stride losing a little ground. Immediately on the back of “Blue Jean Legend” was Mr Woodward driving “Little Ted”, who appeared to have had to grab hold slightly. As a result the trailing “Genies Son” contacted the back of “Little Ted” with both horses breaking.
Mr S. F. Smolenski, the driver of “Genies Son”, gave evidence that the incident probably looked worse than it was, and that it “wasn’t much”. He said that he was “coming out” at the time, and that his horse was “hanging in” around the final bend, which would have contributed to the problem. Mr Smolenski also said that the movement back by “Blue Jean Legend” was not much, and that most horses would have got round the wheel, but that he “just bumped”.
Mr C. T. Woodward, the driver of “Little Ted”, gave evidence that he was trailing “Blue Jean Legend” at the time of this incident. Due to this incident “Blue Jean Legend” lost about a “foot and a half”, and he took hold of his horse. His horse stayed in its correct gait and only broke when “Genies Son” hit his wheel. Mr Woodward did not believe the interference by “Blue Jean Legend” had affected him too much. In answer to a question Mr Woodward said his horse was “on the bit” and going alright at the time, and that this also contributed to the incident.
Mr J. R. Dunn, the driver of “Blue Jean Legend”, gave evidence that his horse did pace “rough” for a stride, but that it lost very little ground. He also agreed that “Little Ted” did not break at the time his horse went rough. Mr Dunn also said that he didn’t come back “that quick”, and that “Little Ted” was right up hard on his helmet at the time, and had been since the 600 metre mark.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Blue Jean Legend” did put in a rough stride as alleged. This resulted in Mr Woodward taking hold of his horse, but it did not break until Mr Smolenski’s horse hit its sulky wheel. Mr Smolenski did not blame this incident on his horse breaking, explaining that it was the circumstances of his making an outwards movement at the time, combined with the fact that a horse in his situation should have been able to avoid hitting the wheel.
Taking all the above matters into account we decided that there was no direct interference to “Little Ted” and “Genies Son” by “Blue Jean Legend”, and the drivers of both horses affected were reluctant to blame the incident for their horses breaking. We decided that the protest should be dismissed.
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: b09a865c53db448b9291b411ded90ac2
informantnumber: 13818
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2011
hearing_title: Reefton TC 13 March 2011 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, the Speight’s Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging interference by “Blue Jean Legend” (7), driven by Mr J. R. Dunn, to “Little Ted” (5), driven by Mr C. T. Woodward, and “Genies Son” (13), driven by Mr S. F. Smolenski.
The Judges placings in this race were as follows.
1st – Blue Jean Legend (7)
2nd – El Salvador (16)
3rd – Cohort (4)
4th – Whataflyer (6)
5th – Our Big Mac (10)
6th – Sugar Rush (9)
The Information reads as follows.
“This is a protest against horse number (7) placed 1st by the Judge on the grounds of interference to horse numbers 5 – 13, Blue Jean Legend turning for home paced roughly and caused interference to Little Ted and Genies Son.”
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 “Blue Jean Legend” (7) were represented at this hearing by Mr J. R. Dunn, while Messrs C. T. Woodward and S. F. Smolenski represented the interests of “Little Ted” (5) and “Genies Son” (13) respectively.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre used video coverage of this incident to show that rounding the final bend “Blue Jean Legend” paced roughly for a stride losing a little ground. Immediately on the back of “Blue Jean Legend” was Mr Woodward driving “Little Ted”, who appeared to have had to grab hold slightly. As a result the trailing “Genies Son” contacted the back of “Little Ted” with both horses breaking.
Mr S. F. Smolenski, the driver of “Genies Son”, gave evidence that the incident probably looked worse than it was, and that it “wasn’t much”. He said that he was “coming out” at the time, and that his horse was “hanging in” around the final bend, which would have contributed to the problem. Mr Smolenski also said that the movement back by “Blue Jean Legend” was not much, and that most horses would have got round the wheel, but that he “just bumped”.
Mr C. T. Woodward, the driver of “Little Ted”, gave evidence that he was trailing “Blue Jean Legend” at the time of this incident. Due to this incident “Blue Jean Legend” lost about a “foot and a half”, and he took hold of his horse. His horse stayed in its correct gait and only broke when “Genies Son” hit his wheel. Mr Woodward did not believe the interference by “Blue Jean Legend” had affected him too much. In answer to a question Mr Woodward said his horse was “on the bit” and going alright at the time, and that this also contributed to the incident.
Mr J. R. Dunn, the driver of “Blue Jean Legend”, gave evidence that his horse did pace “rough” for a stride, but that it lost very little ground. He also agreed that “Little Ted” did not break at the time his horse went rough. Mr Dunn also said that he didn’t come back “that quick”, and that “Little Ted” was right up hard on his helmet at the time, and had been since the 600 metre mark.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Blue Jean Legend” did put in a rough stride as alleged. This resulted in Mr Woodward taking hold of his horse, but it did not break until Mr Smolenski’s horse hit its sulky wheel. Mr Smolenski did not blame this incident on his horse breaking, explaining that it was the circumstances of his making an outwards movement at the time, combined with the fact that a horse in his situation should have been able to avoid hitting the wheel.
Taking all the above matters into account we decided that there was no direct interference to “Little Ted” and “Genies Son” by “Blue Jean Legend”, and the drivers of both horses affected were reluctant to blame the incident for their horses breaking. We decided that the protest should be dismissed.
Decision:
As the next race was about to start, and none of the parties were present, we advised the Stipendiary Stewards that the protest was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr JR Dunn - driver of BLUE JEAN LEGEND, Mr SF Smolenski - driver of GENIES SUN, Mr CT Woodward - driver of LITTLE TED
Respondent:
StipendSteward:
raceid: f7d58245f85fd0933433247c0800e9f9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 11668344755da52fa41a45b5a4643fff
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/03/2011
meet_title: Reefton TC - 13 March 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Reefton TC