Timaru HRC 21 March 2014 – R 8 (instigating a protest)
ID: JCA17012
Meet Title:
Timaru HRC - 21 March 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/03/21
Race Number:
R8
Decision:
The protest was upheld and MAGNA was relegated from 3rd place to 5th place behind CLARISA.
Consequent upon the relegation, the amended result for the race is as follows:
1st WHYAMIBETTOR (4)
2nd ROXY BROMAC (11)
3rd LITTLE TESS (2)
4th CLARISA (7)
5th MAGNA (8)
6th THE BURNING QUESTION (6)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 7, the Mayfield Lions & Lion Beverages Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward Mr S Renault alleging interference over the concluding stages by MAGNA (8), driven by Mr N Purdon, who finished in 3rd place, to CLARISA (7), driven by Miss S Ottley, who finished in 5th place.
The Judge's placings in this race were as follows:
1st WHYAMIBETTOR (4)
2nd ROXY BROMAC (11)
3rd MAGNA (8)
4th LITTLE TESS (2)
5th CLARISA (7)
6th THE BURNING QUESTION (6)
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 MAGNA were represented at this hearing by Junior Horseman Mr N Purdon with Junior Horsewoman Miss S Ottley representing the interests of CLARISA. Open Horseman Mr G Smith was in attendance to assist both Junior Drivers.
Submissions for Decision:
Mr Renault gave evidence and showed the relevant films of the incident which occurred shortly before the line inside the 50m. Co-Chief Stipendiary Steward, Mr N McIntyre, assisted at the hearing and pointed out MAGNA, driven by Mr Purdon, in the lead with CLARISA, driven by Miss Ottley, in 4th position on the outside of MAGNA. Mr McIntyre showed MAGNA baulk or shy at something near the winning post and shift out into the line of CLARISA who had to be steadied and could not be driven out over the final 20m. As this incident was occurring LITTLE TESS improved through on the inside of CLARISA and finished in 4th place ahead of CLARISA. The Stewards alleged that due to the interference by MAGNA to CLARISA, CLARISA was beaten out of 4th place by a short head by LITTLE TESS.
Miss Ottley stated that she had had to take hold just before the winning post when MAGNA shifted into her line. She also stated that she did not initially realise that she had been beaten out of 4th place but the films clearly showed that she had been beaten out of that position due to MAGNA shifting out into her line preventing her from driving her horse out and holding 4th position.
Mr Smith submitted that CLARISA may have contributed to the incident by shifting in slightly out when MAGNA was shifting out. He stated that Mr Purdon had reacted to MAGNA’s shift outwards and corrected it as soon as possible.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that MAGNA had baulked near the winning post and shifted out into the line of CLARISA preventing that horse from improving and holding its 4th position. With the margin between 4th and 5th being a short head we were also satisfied that this interference had cost CLARISA its progress and chances of finishing in a better position. The Committee was satisfied that but for the interference received from 3rd placed MAGNA, CLARISA would have finished in 4th place. We therefore determined that the protest be upheld.
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: c10edbb2dcf3d8b552d7114a5e61a3e3
informantnumber: A4311
horsename: MAGNA
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 21/03/2014
hearing_title: Timaru HRC 21 March 2014 - R 8 (instigating a protest)
charge:
facts:
Following the running of Race 7, the Mayfield Lions & Lion Beverages Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward Mr S Renault alleging interference over the concluding stages by MAGNA (8), driven by Mr N Purdon, who finished in 3rd place, to CLARISA (7), driven by Miss S Ottley, who finished in 5th place.
The Judge's placings in this race were as follows:
1st WHYAMIBETTOR (4)
2nd ROXY BROMAC (11)
3rd MAGNA (8)
4th LITTLE TESS (2)
5th CLARISA (7)
6th THE BURNING QUESTION (6)
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 MAGNA were represented at this hearing by Junior Horseman Mr N Purdon with Junior Horsewoman Miss S Ottley representing the interests of CLARISA. Open Horseman Mr G Smith was in attendance to assist both Junior Drivers.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and showed the relevant films of the incident which occurred shortly before the line inside the 50m. Co-Chief Stipendiary Steward, Mr N McIntyre, assisted at the hearing and pointed out MAGNA, driven by Mr Purdon, in the lead with CLARISA, driven by Miss Ottley, in 4th position on the outside of MAGNA. Mr McIntyre showed MAGNA baulk or shy at something near the winning post and shift out into the line of CLARISA who had to be steadied and could not be driven out over the final 20m. As this incident was occurring LITTLE TESS improved through on the inside of CLARISA and finished in 4th place ahead of CLARISA. The Stewards alleged that due to the interference by MAGNA to CLARISA, CLARISA was beaten out of 4th place by a short head by LITTLE TESS.
Miss Ottley stated that she had had to take hold just before the winning post when MAGNA shifted into her line. She also stated that she did not initially realise that she had been beaten out of 4th place but the films clearly showed that she had been beaten out of that position due to MAGNA shifting out into her line preventing her from driving her horse out and holding 4th position.
Mr Smith submitted that CLARISA may have contributed to the incident by shifting in slightly out when MAGNA was shifting out. He stated that Mr Purdon had reacted to MAGNA’s shift outwards and corrected it as soon as possible.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that MAGNA had baulked near the winning post and shifted out into the line of CLARISA preventing that horse from improving and holding its 4th position. With the margin between 4th and 5th being a short head we were also satisfied that this interference had cost CLARISA its progress and chances of finishing in a better position. The Committee was satisfied that but for the interference received from 3rd placed MAGNA, CLARISA would have finished in 4th place. We therefore determined that the protest be upheld.
Decision:
The protest was upheld and MAGNA was relegated from 3rd place to 5th place behind CLARISA.
Consequent upon the relegation, the amended result for the race is as follows:
1st WHYAMIBETTOR (4)
2nd ROXY BROMAC (11)
3rd LITTLE TESS (2)
4th CLARISA (7)
5th MAGNA (8)
6th THE BURNING QUESTION (6)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)(b)
Informant: Mr S Renault-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr N McIntyre-Co-Chief Stipendiary Steward, Mr G Smith-Open Horseman, Miss S Ottley-Junior Horsewoman, Mr N Purdon-Junior Horseman
Respondent: Mr N Purdon-Junior Horseman
StipendSteward:
raceid: 53fc55a47cb04c4af10d93c7ca3306b8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
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