Reefton TC 30 December 2010 – R 9 (instigating a protest)
ID: JCA14285
Meet Title:
Reefton TC - 30 December 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2010/12/30
Race Number:
R 9
Decision:
On resuming the hearing the 10th race was about to start, and neither Mrs Cowan nor Mr Jones were present. We advised that a full written decision with reasons would be provided later (see above), that the protest was dismissed, and that the Judge’s placings were confirmed.
Facts:
Following the running of Race 9, the Rosco Contractors Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging a breach of the “push out” Rule by Graduation Horsewoman Mrs V. A. Cowan, the driver of “Torias Secret” (5).
The Judge’s placings were as follows.
1st – Torias Secret (5)
2nd – Mister Powell (2)
3rd – Franco Jackson (9)
4th – Rangi Rule (7)
5th – Crystal Frost (4)
6th – Miracle Mach (6)
The Information reads as follows.
“This is a protest against horse number (5) placed 1st by the Judge on the grounds of Rule 869(4), (6)(b) & (c) – push out rule with approx. 1500m to run. 5 shifted out for a run it wasn’t entitled to.”
Rules 869(4), (6)(b) and (c) relating to the “push out” rule, and Rule 869(8), read as follows.
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past
(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:
This was a 2500 metre standing start race with 8 runners. Mrs Williams gave evidence and used video coverage to show that towards the end of the back straight for the first time (about 1500 – 1600 metres out) Mrs Cowan was racing third to last on the fence, with a horse racing on her outside, and “Rangi Rule” trailing her. The horse on the outside of Mrs Cowan made a forward move, and Mrs Cowan moved off the fence to follow it. At the same time Mr Jones was moving forward, and he was forced to race three wide for a short distance, before dropping in to trail Mrs Cowan.
From then on to the entrance of the home straight Mrs Cowan’s horse was positioned two out and three back, with Mr Jones trailing her. On reaching the straight Mrs Cowan had a clear run to the finish, and Mr Jones followed her all the way. Mrs Cowan won the race with Mr Jones finishing 4th, with an official margin of 4 lengths between 1st and 4th.
Mrs Williams said that because of this breach of the “push out” Rule Mrs Cowan had obtained a run that she wasn’t entitled to, and had gained an advantage over the other horses in the race. It was Mrs Williams’ submission that “Torias Secret” should be disqualified.
Mrs Cowan said that when she first went to move out Mr Jones was not there, but that as she did so Mr Jones had moved up along side her.
Mr Jones agreed that there had been a breach of the “push out” Rule. He said that he was made to race wider on the track for a short distance, but had then trailed Mrs Cowan for the remainder of the race, and received a good run. Mr Jones also said that his horse had every chance of winning the race had it been good enough.
We adjourned to consider our decision.
Reasons for Decision:
Breaches of the “push out” Rule are not uncommon in harness racing. It is uncommon for there to be a protest because of a breach of this Rule. There is certainly no rule that says that a horse should be disqualified simply for breaching the “push out” Rule, and if this was the intention of the Rules, it should be spelled out in much clearer terms.
We are satisfied that a breach of the “push out” rule should relate to the horse (or horses) affected in the protest situation. There have been instances in the past where it has been held that the “push out” has adversely affected the horse pushed out, and placings have been changed.
Rule 869(8) refers to a horse which “….may have gained an advantage by any conduct or interference prohibited….” or a horse or horseman who “….may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses”.
Rule 869(8) provides that where a horse has gained an advantage, or may have interfered with the progress or chance of any other horse, a Judicial Committee may place that horse immediately after that other horse or horses.
In the present case we are satisfied that this breach of the “push out” rule did not affect the chances of “Rangi Rule” to such an extent as to warrant a relegation or disqualification. In coming to this decision we took into account Mr Jones’ evidence that he received a good run after the “push out” and that his chances were not affected.
Also we did not accept that “Torias Secret” had gained an advantage over the rest of the field.
Taking all the above matters into account we decided to use our discretion and not relegate or disqualify “Torias Secret”.
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: 706dd4828e4dfdb51bb5c3b56ebc3193
informantnumber: 13776
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2010
hearing_title: Reefton TC 30 December 2010 - R 9 (instigating a protest)
charge:
facts:
Following the running of Race 9, the Rosco Contractors Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mrs K. R. Williams alleging a breach of the “push out” Rule by Graduation Horsewoman Mrs V. A. Cowan, the driver of “Torias Secret” (5).
The Judge’s placings were as follows.
1st – Torias Secret (5)
2nd – Mister Powell (2)
3rd – Franco Jackson (9)
4th – Rangi Rule (7)
5th – Crystal Frost (4)
6th – Miracle Mach (6)
The Information reads as follows.
“This is a protest against horse number (5) placed 1st by the Judge on the grounds of Rule 869(4), (6)(b) & (c) – push out rule with approx. 1500m to run. 5 shifted out for a run it wasn’t entitled to.”
Rules 869(4), (6)(b) and (c) relating to the “push out” rule, and Rule 869(8), read as follows.
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past
(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:
This was a 2500 metre standing start race with 8 runners. Mrs Williams gave evidence and used video coverage to show that towards the end of the back straight for the first time (about 1500 – 1600 metres out) Mrs Cowan was racing third to last on the fence, with a horse racing on her outside, and “Rangi Rule” trailing her. The horse on the outside of Mrs Cowan made a forward move, and Mrs Cowan moved off the fence to follow it. At the same time Mr Jones was moving forward, and he was forced to race three wide for a short distance, before dropping in to trail Mrs Cowan.
From then on to the entrance of the home straight Mrs Cowan’s horse was positioned two out and three back, with Mr Jones trailing her. On reaching the straight Mrs Cowan had a clear run to the finish, and Mr Jones followed her all the way. Mrs Cowan won the race with Mr Jones finishing 4th, with an official margin of 4 lengths between 1st and 4th.
Mrs Williams said that because of this breach of the “push out” Rule Mrs Cowan had obtained a run that she wasn’t entitled to, and had gained an advantage over the other horses in the race. It was Mrs Williams’ submission that “Torias Secret” should be disqualified.
Mrs Cowan said that when she first went to move out Mr Jones was not there, but that as she did so Mr Jones had moved up along side her.
Mr Jones agreed that there had been a breach of the “push out” Rule. He said that he was made to race wider on the track for a short distance, but had then trailed Mrs Cowan for the remainder of the race, and received a good run. Mr Jones also said that his horse had every chance of winning the race had it been good enough.
We adjourned to consider our decision.
reasonsfordecision:
Breaches of the “push out” Rule are not uncommon in harness racing. It is uncommon for there to be a protest because of a breach of this Rule. There is certainly no rule that says that a horse should be disqualified simply for breaching the “push out” Rule, and if this was the intention of the Rules, it should be spelled out in much clearer terms.
We are satisfied that a breach of the “push out” rule should relate to the horse (or horses) affected in the protest situation. There have been instances in the past where it has been held that the “push out” has adversely affected the horse pushed out, and placings have been changed.
Rule 869(8) refers to a horse which “….may have gained an advantage by any conduct or interference prohibited….” or a horse or horseman who “….may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses”.
Rule 869(8) provides that where a horse has gained an advantage, or may have interfered with the progress or chance of any other horse, a Judicial Committee may place that horse immediately after that other horse or horses.
In the present case we are satisfied that this breach of the “push out” rule did not affect the chances of “Rangi Rule” to such an extent as to warrant a relegation or disqualification. In coming to this decision we took into account Mr Jones’ evidence that he received a good run after the “push out” and that his chances were not affected.
Also we did not accept that “Torias Secret” had gained an advantage over the rest of the field.
Taking all the above matters into account we decided to use our discretion and not relegate or disqualify “Torias Secret”.
Decision:
On resuming the hearing the 10th race was about to start, and neither Mrs Cowan nor Mr Jones were present. We advised that a full written decision with reasons would be provided later (see above), that the protest was dismissed, and that the Judge’s placings were confirmed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(4) (6)(b) and (c) and (8)
Informant: Mrs KR Williams - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mrs VA Cowan - owner/trainer/driver of TORIAS SECRET, Mr MP Jones - driver RANGI RULE
Respondent:
StipendSteward:
raceid: 48ca8ea68f3cff2f21c5196672d75b49
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a3498e95618d959c17a949d1eb593469
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2010
meet_title: Reefton TC - 30 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: Reefton TC