Riverton TC 25 October 2011 – R 4 (instigating a protest)
ID: JCA12798
Meet Title:
Riverton TC - 25 October 2011
Meet Chair:
NSkelt
Meet Committee Member 1:
ADennis
Race Date:
2011/10/25
Race Number:
Race 4
Decision:
The Protest was therefore upheld and placings changed to read as follows :
1st- Spectactular ( B Barclay)
2nd- Notabadexcuse ( C Barron )
3rd-Hokuri Handrail ( A Armour )
4th - Shinko ( D Dunn )
5th-Itsnewstome ( P Hunter )
Xtreme Luck ( K Larsen ) was relegated to 10th.
Facts:
Following the running of race four the Ryder Plumbing LTD Mobile Pace a protest was lodged pursuant to rule 869(8)(b).
Mr N Ydgren ( Stipendiary Steward ) alleged that on the final bend Xtreme Luck (K N Larsen) who was placed third by the judge contacted the sulky wheel of Monaghan (J Cox) causing the tyre to go flat.
The judges placings were:
1st- Spectactular ( B Barclay)
2nd- Notabadexcuse ( C Barron )
3rd- Xtreme Luck ( K N Larsen)
4th- Hokuri Handrail ( A Armour )
5th- Shinko ( D Dunn )
6th-Itsnewstome ( P Hunter )
Submissions for Decision:
Mr Ydgren (Stipendiary Steward ) began by stating that it was impossible to see the alleged incident on video film and that he would be relying on the evidence given by Mr Cox. Mr Ydgren used the video film to highlight in general terms the incident for the Committee. The film showed Mr Cox in the one out one back position, followed by Mr K Larsen in the three back one out position.
Mr Ydgren stated that it appeared that the contact was made by Mr Larsen's horse when he was angled out for a run.
Mr Cox in his evidence stated that Mr Larsen's horse had pushed hard on his drivers hat at least twice, and had struck his right wheel two to three time. Mr Cox stated that when his wheel was struck for the second time at about the 500 metre mark and that his tyre went flat at that time.
Mr Cox also stated that his horse was travelling well prior to the alleged interference and felt that his horse would have stuck on and finished in a dividend bearing place.
Mr Cox also stated that he pulled the earplugs at approximately the 600 metre mark and had struck his horse once with the whip and it had responded well.
Mr Larsen in giving evidence admitted to striking the wheel and that contact had occurred just prior to the final bend. Mr Larsen went on to state that he felt that Mr Cox's horse was struggling at the time and that he pulled out to make a passing manoeuvre.
Mr Ydgren in summing up stated that it was clear on Mr Cox's evidence that contact had occurred and that it had caused Mr Cox's tyre to puncture thereby affecting that horses chances. In other words, ''its progress may have been affected''.
Reasons for Decision:
The Committee very carefully considered all of the evidence and submissions of the alleged incident. We were satisfied that Mr Cox Monaghan was inconvenienced and had its chances affected by having to race with a flat tyre for the last 500 metres of the race.
It was clear from the video film that following the contact Mr Cox's horse lost ground quickly and finished well back behind the field (10th).
The Committee agreed with the evidence given by Mr Cox and found that a breach of rule 869(8)(b) had occurred.
The Committee found that Mr Cox's horse was traveling well prior to the incident and was satisfied that Monaghan , driven by Mr Cox had it's chances to finish in a dividend bearing place severely affected.
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: 59736e81480e0087218fae9949433a3c
informantnumber: A5456
horsename: XTREME LUCK
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 11/10/2011
hearing_title: Riverton TC 25 October 2011 - R 4 (instigating a protest)
charge:
facts:
Following the running of race four the Ryder Plumbing LTD Mobile Pace a protest was lodged pursuant to rule 869(8)(b).
Mr N Ydgren ( Stipendiary Steward ) alleged that on the final bend Xtreme Luck (K N Larsen) who was placed third by the judge contacted the sulky wheel of Monaghan (J Cox) causing the tyre to go flat.
The judges placings were:
1st- Spectactular ( B Barclay)
2nd- Notabadexcuse ( C Barron )
3rd- Xtreme Luck ( K N Larsen)
4th- Hokuri Handrail ( A Armour )
5th- Shinko ( D Dunn )
6th-Itsnewstome ( P Hunter )
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren (Stipendiary Steward ) began by stating that it was impossible to see the alleged incident on video film and that he would be relying on the evidence given by Mr Cox. Mr Ydgren used the video film to highlight in general terms the incident for the Committee. The film showed Mr Cox in the one out one back position, followed by Mr K Larsen in the three back one out position.
Mr Ydgren stated that it appeared that the contact was made by Mr Larsen's horse when he was angled out for a run.
Mr Cox in his evidence stated that Mr Larsen's horse had pushed hard on his drivers hat at least twice, and had struck his right wheel two to three time. Mr Cox stated that when his wheel was struck for the second time at about the 500 metre mark and that his tyre went flat at that time.
Mr Cox also stated that his horse was travelling well prior to the alleged interference and felt that his horse would have stuck on and finished in a dividend bearing place.
Mr Cox also stated that he pulled the earplugs at approximately the 600 metre mark and had struck his horse once with the whip and it had responded well.
Mr Larsen in giving evidence admitted to striking the wheel and that contact had occurred just prior to the final bend. Mr Larsen went on to state that he felt that Mr Cox's horse was struggling at the time and that he pulled out to make a passing manoeuvre.
Mr Ydgren in summing up stated that it was clear on Mr Cox's evidence that contact had occurred and that it had caused Mr Cox's tyre to puncture thereby affecting that horses chances. In other words, ''its progress may have been affected''.
reasonsfordecision:
The Committee very carefully considered all of the evidence and submissions of the alleged incident. We were satisfied that Mr Cox Monaghan was inconvenienced and had its chances affected by having to race with a flat tyre for the last 500 metres of the race.
It was clear from the video film that following the contact Mr Cox's horse lost ground quickly and finished well back behind the field (10th).
The Committee agreed with the evidence given by Mr Cox and found that a breach of rule 869(8)(b) had occurred.
The Committee found that Mr Cox's horse was traveling well prior to the incident and was satisfied that Monaghan , driven by Mr Cox had it's chances to finish in a dividend bearing place severely affected.
Decision:
The Protest was therefore upheld and placings changed to read as follows :
1st- Spectactular ( B Barclay)
2nd- Notabadexcuse ( C Barron )
3rd-Hokuri Handrail ( A Armour )
4th - Shinko ( D Dunn )
5th-Itsnewstome ( P Hunter )
Xtreme Luck ( K Larsen ) was relegated to 10th.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr Wallace - Stipendiary Steward, Mr N Ydgren - Stipendiary Steward
Respondent: Mr K Larsen - Driver of XTREME LUCK, MR J Cox - Driver of MONAGHAN
StipendSteward:
raceid: 4aa9e3463230ac26be6827bcbee4ee3f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: abe17833a3c62ddd4a4f8014a26fdaf0
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/10/2011
meet_title: Riverton TC - 25 October 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "NSkelt", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]
meet_otherexp:
tracklocation: riverton-tc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: ADennis
meet_pm2: none
name: Riverton TC