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Timaru HRC 15 May 2011 – R 9 (Instigating a Protest)

ID: JCA13203

Applicant:
N McIntyre - Stipendiary Steward

Respondent(s):
P O'Reilly ("Minty Mellow", D Dunn ("Wotavugot")

Information Number:
13816

Hearing Type:
Protest

Rules:
Rule 869 (8)

Meet Title:
Timaru HRC - 15 May 2011

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2011/05/15

Race Number:
R9

Decision:

This committee was of the view in this most unusual case,  that as a result of the entanglement, the progress or chance of "Wotavugot" were interfered with to such an extent, that this committee is warranted in upholding the protest. The evidence disclosed Mr Dunn could not give his horse every opportunity, because its progress was interfered with in the concluding stages of the race.
 
The amended placings are therefore:
1st - 17 -  "Amakudari"
2nd - 14 - "Empire Flame"
3rd - 2 - "Wotavugot"
4th - 15 - "Minty Mellow"
5th - 12 - "Living Blue Boy"
6th - 6 - "Samarias Bromac"
 

Facts:

Rule 869 (8) states:-
"The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 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 other horse from which it may have gained an advantage or whose chances or progress may have been affected thereby".
 
The information stated that "The breaking or interference occurred when the hopple shortener on 15 ("Minty Mellow") became tangled in the hopple of 2 ("Wotavugot") with 2 ("Wotavugot") being unable to be driven out."
 
Following the running of Race 9 the "Coupland's Bakeries Timaru Winter Cup, Mr Renault (Stipendiary Steward) was advised by Mr Dunn that he was unable to drive his horse out because of the cord from Mr O'Reilly's hopple shortener had become entangled in the hopples of his horse. Mr McIntyre showed the hearing the video coverage of the concluding stages of the race and how Mr Dunn was not driving his horse out in a manner that he should have been. The reason, as Mr Dunn explained to the hearing, was because of the cord from Mr O'Reilly's being entangled in his hopples. Mr O'Reilly did not know what had happened, and could not explain how the cord got through a hole in the cart in the manner that it did. Mr O'Reilly described it as a "Houdini" act.
Mr McIntyre explained the stucture of the apparatus.
In answer to a question from the panel, Mr O'Reilly advised that he and Mr Dunn had to get out of their carts at the end of the race to untangle the cord from Mr Dunn's hopples.
Mr Dunn felt that his horse had "plenty of running" in it and because of the tangle, he had not pulled the earplugs on his horse. He simply could not drive his horse because the cord was pulling tight on the front hopple. He tried to lunge in the last 20 metres or so to get up for 3rd but had to ease off, because of the tangle.

Submissions for Decision:

The Stipendiary Stewards protest was against "Minty Mellow" in that it may have interfered with the chances or progress of "Wotavugot", in terms of Rule 869 (8)(b).

Reasons for Decision:

"Wotavugot" was disadvantaged in the run home because it could not be driven out because of the entanglement of the hopple shorteners. It ran roughly which Mr Dunn attributed to the entanglement of the cord in the hopples. Mr Dunn did try in the last 20 metres or so, to push up for third, but when he got alongside of "Minty Mellow" the problem was obvious and as a consequence he held off in his efforts.

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: 51f33fc8a8800a6a0154020b839537da

informantnumber: 13816

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 14/04/2011

hearing_title: Timaru HRC 15 May 2011 - R 9 (Instigating a Protest)

charge:

facts:

Rule 869 (8) states:-
"The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 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 other horse from which it may have gained an advantage or whose chances or progress may have been affected thereby".
 
The information stated that "The breaking or interference occurred when the hopple shortener on 15 ("Minty Mellow") became tangled in the hopple of 2 ("Wotavugot") with 2 ("Wotavugot") being unable to be driven out."
 
Following the running of Race 9 the "Coupland's Bakeries Timaru Winter Cup, Mr Renault (Stipendiary Steward) was advised by Mr Dunn that he was unable to drive his horse out because of the cord from Mr O'Reilly's hopple shortener had become entangled in the hopples of his horse. Mr McIntyre showed the hearing the video coverage of the concluding stages of the race and how Mr Dunn was not driving his horse out in a manner that he should have been. The reason, as Mr Dunn explained to the hearing, was because of the cord from Mr O'Reilly's being entangled in his hopples. Mr O'Reilly did not know what had happened, and could not explain how the cord got through a hole in the cart in the manner that it did. Mr O'Reilly described it as a "Houdini" act.
Mr McIntyre explained the stucture of the apparatus.
In answer to a question from the panel, Mr O'Reilly advised that he and Mr Dunn had to get out of their carts at the end of the race to untangle the cord from Mr Dunn's hopples.
Mr Dunn felt that his horse had "plenty of running" in it and because of the tangle, he had not pulled the earplugs on his horse. He simply could not drive his horse because the cord was pulling tight on the front hopple. He tried to lunge in the last 20 metres or so to get up for 3rd but had to ease off, because of the tangle.

appealdecision:

isappeal:

submissionsfordecision:

The Stipendiary Stewards protest was against "Minty Mellow" in that it may have interfered with the chances or progress of "Wotavugot", in terms of Rule 869 (8)(b).

reasonsfordecision:

"Wotavugot" was disadvantaged in the run home because it could not be driven out because of the entanglement of the hopple shorteners. It ran roughly which Mr Dunn attributed to the entanglement of the cord in the hopples. Mr Dunn did try in the last 20 metres or so, to push up for third, but when he got alongside of "Minty Mellow" the problem was obvious and as a consequence he held off in his efforts.

Decision:

This committee was of the view in this most unusual case,  that as a result of the entanglement, the progress or chance of "Wotavugot" were interfered with to such an extent, that this committee is warranted in upholding the protest. The evidence disclosed Mr Dunn could not give his horse every opportunity, because its progress was interfered with in the concluding stages of the race.
 
The amended placings are therefore:
1st - 17 -  "Amakudari"
2nd - 14 - "Empire Flame"
3rd - 2 - "Wotavugot"
4th - 15 - "Minty Mellow"
5th - 12 - "Living Blue Boy"
6th - 6 - "Samarias Bromac"
 

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: Rule 869 (8)

Informant: N McIntyre - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr N McIntyre - Stipendiary Steward, Mr S Renault - Stipendiary Steward, Mr D Dunn -driver "Wotavugot", P O'Reilly driver "Minty Mellow"

Respondent: P O'Reilly ("Minty Mellow", D Dunn ("Wotavugot")

StipendSteward:

raceid: f7cdce063ec9c76df21254a727100aef

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R9

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 870073ea58940d23db8edf31ed67cabb

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 15/05/2011

meet_title: Timaru HRC - 15 May 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "KHales", "Member": "", "OtherExpenses": "0", "KMs": "366", "Total": "226.92", "kmprice": 226.91999999999999, "Approved": "on"}]

meet_otherexp:

tracklocation: timaru-hrc

meet_racingtype: harness-racing

meet_chair: KHales

meet_pm1: JPhelan

meet_pm2: none

name: Timaru HRC