Timaru HRC 21 November 2010 – R 9 (instigating a protest)
ID: JCA12974
Meet Title:
Timaru HRC - 21 November 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2010/11/21
Race Number:
R 9
Decision:
The protest was upheld and KATCHAFILLIE was relegated to 13th placing.
Consequent upon the relegation the amended result of the race is as follows:
1st 9 Franco Nartiscape
2nd 14 Dreamer
3rd 12 OK Courage
4th 11 Anvil Attack
5th 6 Call Me Danny
It was ordered that dividends and stakes for the race be paid in accordance with that amended result.
Facts:
Following the running of Race 9, Lion Beverages Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against KATCHAFILLIE (D J Dunn), placed 3rd by the judge, on the grounds of interference to JOYS UNDERWORLD (S P Walkinshaw), placed 13th by the judge, on the ground of “interference at the 850 metres when KATCHAFILLIE shifted out checking JOYS UNDERWORLD”.
Rule 869 provides as follows:
(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:
Mr McIntyre said that, approaching the 850 metres, Mr Walkinshaw on JOYS UNDERWORLD was following SHINNY in the 3-wide line. KATCHAFILLIE, which was racing one off the fence attempted to shift out, as a result of which JOYS UNDERWORLD broke.
Mr Walkinshaw said that Mr Dunn had “come out quite hard” and made contact with his horse’s near-side hind leg causing the mare to gallop. It was a “sharp manoeuvre” by Mr Dunn and he had been “hit pretty hard”. JOYS UNDERWORLD galloped and lost all chance, Mr Walkinshaw said.
Mr McIntyre showed video replays of the incident. He pointed out the sulky wheel of KATCHAFILLIE come out and go inside the wheel of JOYS UNDERWORLD and the latter runner galloped. Mr McIntyre said the Mr Walkinshaw had been “moving forward at a sharp rate” attempting to stay on the back of SHINNY.
Mr Dunn admitted that he had come out underneath Mr Walkinshaw. He submitted that he was entitled to do so because it was inside the final 1,000 metres. He denied that he had come out sharply or hard. He submitted that his outward movement should not have made JOYS UNDERWORLD gallop – most horses would not have galloped, he submitted. This was a common move in the final 800 metres of a race. It was a normal push out manoeuvre, he said. He had not come out hard enough to cause interference to JOYS UNDERWORLD, he submitted.
Mr McIntyre stated that Mr Dunn was only entitled to move out Mr Walkinshaw, who was progressing rapidly, if he could do so with safety and not cause interference. It was a “high risk manoeuvre” by Mr Dunn, Mr McIntyre submitted.
Reasons for Decision:
The Committee found that Mr Dunn, who had been racing in the one-out line, with approximately 850 metres to run, had moved his horse outwards, in a sharp and sudden manner in an attempt to ease out Mr Walkinshaw, who was progressing rapidly in the 3-wide line. In doing so, his sulky wheel made contact with the near hind leg of JOYS UNDERWORLD causing that runner to break and lose its chance in the race.
As a consequence of that finding, the Committee was satisfied that KATCHAFILLIE had caused interference to JOYS UNDERWORLD and, in doing so, had clearly interfered with the progress or chance of the latter runner. The Committee had a discretion as to whether to relegate KATCHAFILLIE behind JOYS UNDERWORLD. The Committee was satisfied that relegation should be ordered having regard to the degree of interference and the consequences of it. The chances of JOYS UNDERWORLD were extinguished.
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: 70310791a2721003ee91e0eedfa759c9
informantnumber: 14522
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/11/2010
hearing_title: Timaru HRC 21 November 2010 - R 9 (instigating a protest)
charge:
facts:
Following the running of Race 9, Lion Beverages Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against KATCHAFILLIE (D J Dunn), placed 3rd by the judge, on the grounds of interference to JOYS UNDERWORLD (S P Walkinshaw), placed 13th by the judge, on the ground of “interference at the 850 metres when KATCHAFILLIE shifted out checking JOYS UNDERWORLD”.
Rule 869 provides as follows:
(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:
Mr McIntyre said that, approaching the 850 metres, Mr Walkinshaw on JOYS UNDERWORLD was following SHINNY in the 3-wide line. KATCHAFILLIE, which was racing one off the fence attempted to shift out, as a result of which JOYS UNDERWORLD broke.
Mr Walkinshaw said that Mr Dunn had “come out quite hard” and made contact with his horse’s near-side hind leg causing the mare to gallop. It was a “sharp manoeuvre” by Mr Dunn and he had been “hit pretty hard”. JOYS UNDERWORLD galloped and lost all chance, Mr Walkinshaw said.
Mr McIntyre showed video replays of the incident. He pointed out the sulky wheel of KATCHAFILLIE come out and go inside the wheel of JOYS UNDERWORLD and the latter runner galloped. Mr McIntyre said the Mr Walkinshaw had been “moving forward at a sharp rate” attempting to stay on the back of SHINNY.
Mr Dunn admitted that he had come out underneath Mr Walkinshaw. He submitted that he was entitled to do so because it was inside the final 1,000 metres. He denied that he had come out sharply or hard. He submitted that his outward movement should not have made JOYS UNDERWORLD gallop – most horses would not have galloped, he submitted. This was a common move in the final 800 metres of a race. It was a normal push out manoeuvre, he said. He had not come out hard enough to cause interference to JOYS UNDERWORLD, he submitted.
Mr McIntyre stated that Mr Dunn was only entitled to move out Mr Walkinshaw, who was progressing rapidly, if he could do so with safety and not cause interference. It was a “high risk manoeuvre” by Mr Dunn, Mr McIntyre submitted.
reasonsfordecision:
The Committee found that Mr Dunn, who had been racing in the one-out line, with approximately 850 metres to run, had moved his horse outwards, in a sharp and sudden manner in an attempt to ease out Mr Walkinshaw, who was progressing rapidly in the 3-wide line. In doing so, his sulky wheel made contact with the near hind leg of JOYS UNDERWORLD causing that runner to break and lose its chance in the race.
As a consequence of that finding, the Committee was satisfied that KATCHAFILLIE had caused interference to JOYS UNDERWORLD and, in doing so, had clearly interfered with the progress or chance of the latter runner. The Committee had a discretion as to whether to relegate KATCHAFILLIE behind JOYS UNDERWORLD. The Committee was satisfied that relegation should be ordered having regard to the degree of interference and the consequences of it. The chances of JOYS UNDERWORLD were extinguished.
Decision:
The protest was upheld and KATCHAFILLIE was relegated to 13th placing.
Consequent upon the relegation the amended result of the race is as follows:
1st 9 Franco Nartiscape
2nd 14 Dreamer
3rd 12 OK Courage
4th 11 Anvil Attack
5th 6 Call Me Danny
It was ordered that dividends and stakes for the race be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a) and (b)
Informant: Mr N McIntyre, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Howe, trainer of KATCHAFILLIE, Mr D Dunn, driver of KATCHAFILLIE, Mr S Walkinshaw, driver of JOYS UNDERWORLD
Respondent:
StipendSteward:
raceid: 74f7fdd715ee1cc5c227e85265a33e13
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: 64c4837c4c4506e717a8b73378746719
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/11/2010
meet_title: Timaru HRC - 21 November 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Timaru HRC