Timaru HRC 21 March 2014 – R 5 (instigating a protest)
ID: JCA17231
Meet Title:
Timaru HRC - 21 March 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/03/21
Race Number:
R5
Decision:
The protest was dismissed with placings as they crossed the line confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 5, the Bishopdale & Bush Inn TAB/Tavern Harewood Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward Mr S Renault alleging interference near the 1500m by BOUNTY EYRE (9), driven by Mr P Wallace, who finished in 1st place, to BATINI (10), driven by Mr B White, who was pulled up.
The Judge's placings in this race were as follows:
1st BOUNTY EYRE (9)
2nd COMENCHE (6)
3rd SUPERIOR DESIRE (11)
4th DEBS PAL (8)
5th MAC BUBBLES (7)
6th CABO WABO (3)
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 BOUNTY EYRE were represented at this hearing by Advanced Amateur Horseman Mr P Wallace, with COMENCHE being represented by Public Trainer Mr R Dunn and Advanced Amateur Driver, Mr R Reekie. The connections of ELEANOR G were represented by Advanced Amateur Horseman Mr G Cook with BATINI being represented by Advanced Amateur Horseman Mr B White. Mr T Sissons was also in attendance and represented the interests of GLACIER EXPRESS. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr Renault gave evidence and showed the relevant films of the incident which occurred near the 1500m where he alleged that BOUNTY EYRE, who had just assumed the lead, had eased the pace and this had resulted in the trailing runners being hampered and inconvenienced with BATINI, who was 4 back on the pylons, breaking and losing all chance. He pointed out BOUNTY EYRE in the lead with COMENCHE in the trail followed by ELEANOR G, BATINI and GLACIER EXPRESS.
Mr Renault showed BOUNTY EYRE take the lead near the 1500m and shortly after doing so the pace eased when BOUNTY EYRE began to ease on its own accord, despite Mr Wallace’s urgings. Mr White gave evidence that the pace eased quickly and he did not have any time to react. He said being 4 back on the pylons, the concertina effect of the pace easing combined with the horses coming back on him, caused his horse to strike the sulky ahead and break. Mr Cook who was 3 back on the pylons stated that he noticed Mr Wallace take the lead and expected a slight ease in the pace however they came back quite sharply on him. He noticed Mr Wallace urging BOUNTY EYRE when the horse had assumed the lead and attempted to ease up. Mr Reekie gave evidence that the pace seemed to ease twice within 50m and he did yell out to Mr Wallace to move on but despite Mr Wallace’s urgings on BOUNTY EYRE he still ran up the back of him. Mr Reekie also stated that his horse was racing keenly and had to be checked off the back of BOUNTY EYRE on two occasions. Mr Sissons who was 5 back on the pylons, stated that he was checked due to the concertina effect of the pace easing by the horses ahead. Co-Chief Stipendiary Steward Mr N McIntyre, who assisted at the hearing, submitted that the easing was minimal but the Mr Reekie’s horse in the trail had reacted quite poorly to it. Mr Reekie said that his horse was keen after the early speed and he had to ease strongly off the back of Mr Wallace’s horse. Mr R Dunn submitted that Mr Wallace had not done a lot wrong but that his horse had eased up on him after getting to the lead. He said that COMENCHE was tender in the mouth which would not help in this situation. He also said that he used to train BATINI. He said that the horse galloped twice on race day, when travelling well and squeezed only very slightly on both occasions. He said that BATINI was susceptible to break. Mr Dunn submitted that this incident could be described as a normal racing incident.
Mr Wallace stated that there was plenty of room between the runners when he assumed the lead. He said that there were 3 lengths between Mr Reekie and Mr Cook and Mr Cook should have eased up onto his back and not charged up behind him. He also said that his horse has contributed to the incident by easing but that COMENCHE by throwing its head in the air and checking back on the trailing runners has also contributed to the incident.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that an easing of the pace had occurred near the 1500m when BOUNTY EYRE assumed the lead and attempted to ease up. We were also satisfied that COMENCHE was racing keenly in the trail and when confronted with the ease in pace threw its head in the air, checked off the back of BOUNTY EYRE and as a result, a chain reaction through the field occurred. We were satisfied that as a result of this incident ELEANOR G and GLACIER EXPRESS were inconvenienced and BATINI checked and broke eventually being pulled up.
Taking into consideration all factors, the Committee were not satisfied that BOUNTY EYRE had been totally responsible for the interference suffered by BATINI. The Committee believed that this incident could be described as a racing incident and in using its discretion determined that this 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: ed9321ca3a23d6b47d0ff03b95fa458d
informantnumber: A6472
horsename: BOUNTY EYRE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 21/03/2014
hearing_title: Timaru HRC 21 March 2014 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, the Bishopdale & Bush Inn TAB/Tavern Harewood Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward Mr S Renault alleging interference near the 1500m by BOUNTY EYRE (9), driven by Mr P Wallace, who finished in 1st place, to BATINI (10), driven by Mr B White, who was pulled up.
The Judge's placings in this race were as follows:
1st BOUNTY EYRE (9)
2nd COMENCHE (6)
3rd SUPERIOR DESIRE (11)
4th DEBS PAL (8)
5th MAC BUBBLES (7)
6th CABO WABO (3)
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 BOUNTY EYRE were represented at this hearing by Advanced Amateur Horseman Mr P Wallace, with COMENCHE being represented by Public Trainer Mr R Dunn and Advanced Amateur Driver, Mr R Reekie. The connections of ELEANOR G were represented by Advanced Amateur Horseman Mr G Cook with BATINI being represented by Advanced Amateur Horseman Mr B White. Mr T Sissons was also in attendance and represented the interests of GLACIER EXPRESS. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and showed the relevant films of the incident which occurred near the 1500m where he alleged that BOUNTY EYRE, who had just assumed the lead, had eased the pace and this had resulted in the trailing runners being hampered and inconvenienced with BATINI, who was 4 back on the pylons, breaking and losing all chance. He pointed out BOUNTY EYRE in the lead with COMENCHE in the trail followed by ELEANOR G, BATINI and GLACIER EXPRESS.
Mr Renault showed BOUNTY EYRE take the lead near the 1500m and shortly after doing so the pace eased when BOUNTY EYRE began to ease on its own accord, despite Mr Wallace’s urgings. Mr White gave evidence that the pace eased quickly and he did not have any time to react. He said being 4 back on the pylons, the concertina effect of the pace easing combined with the horses coming back on him, caused his horse to strike the sulky ahead and break. Mr Cook who was 3 back on the pylons stated that he noticed Mr Wallace take the lead and expected a slight ease in the pace however they came back quite sharply on him. He noticed Mr Wallace urging BOUNTY EYRE when the horse had assumed the lead and attempted to ease up. Mr Reekie gave evidence that the pace seemed to ease twice within 50m and he did yell out to Mr Wallace to move on but despite Mr Wallace’s urgings on BOUNTY EYRE he still ran up the back of him. Mr Reekie also stated that his horse was racing keenly and had to be checked off the back of BOUNTY EYRE on two occasions. Mr Sissons who was 5 back on the pylons, stated that he was checked due to the concertina effect of the pace easing by the horses ahead. Co-Chief Stipendiary Steward Mr N McIntyre, who assisted at the hearing, submitted that the easing was minimal but the Mr Reekie’s horse in the trail had reacted quite poorly to it. Mr Reekie said that his horse was keen after the early speed and he had to ease strongly off the back of Mr Wallace’s horse. Mr R Dunn submitted that Mr Wallace had not done a lot wrong but that his horse had eased up on him after getting to the lead. He said that COMENCHE was tender in the mouth which would not help in this situation. He also said that he used to train BATINI. He said that the horse galloped twice on race day, when travelling well and squeezed only very slightly on both occasions. He said that BATINI was susceptible to break. Mr Dunn submitted that this incident could be described as a normal racing incident.
Mr Wallace stated that there was plenty of room between the runners when he assumed the lead. He said that there were 3 lengths between Mr Reekie and Mr Cook and Mr Cook should have eased up onto his back and not charged up behind him. He also said that his horse has contributed to the incident by easing but that COMENCHE by throwing its head in the air and checking back on the trailing runners has also contributed to the incident.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that an easing of the pace had occurred near the 1500m when BOUNTY EYRE assumed the lead and attempted to ease up. We were also satisfied that COMENCHE was racing keenly in the trail and when confronted with the ease in pace threw its head in the air, checked off the back of BOUNTY EYRE and as a result, a chain reaction through the field occurred. We were satisfied that as a result of this incident ELEANOR G and GLACIER EXPRESS were inconvenienced and BATINI checked and broke eventually being pulled up.
Taking into consideration all factors, the Committee were not satisfied that BOUNTY EYRE had been totally responsible for the interference suffered by BATINI. The Committee believed that this incident could be described as a racing incident and in using its discretion determined that this protest should be dismissed.
Decision:
The protest was dismissed with placings as they crossed the line confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)(b)
Informant: Mr S Renault-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr P Wallace Advanced Amateur Horseman, Mr B White-Advanced Amateur Horsemen, Mr R Reekie-Advanced Amateur Horsemen, Mr G Cook-Advanced Amateur Horsemen, Mr T Sissons-Advanced Amateur Horsemen, Mr R Dunn-Licensed Public Trainer
Respondent: Mr P Wallace-Advanced Amateur Horseman
StipendSteward:
raceid: 3381bee222aa090aa85dd210e226ad18
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bd6b63c1b48aa1e809bc59c5b4515664
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/03/2014
meet_title: Timaru HRC - 21 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Timaru HRC