Timaru HRC 23 November 2013 – R 4 (instigating a protest)
ID: JCA14522
Meet Title:
Timaru HRC - 23 November 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/11/23
Race Number:
R4
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 4, the Laser Electrical Timaru Pace, an Information instigating a protest was filed by Stipendiary Steward Mr N Ydgren, alleging interference by SHRIEKS OF DELIGHT (13), driven by Mr J Dunn, who finished in 1st place, to WEEDON’S EXPRESS (12) retired, driven by Mr C McDowell.
The Judge's placings in this race were as follows:
1st SHRIEKS OF DELIGHT (13)
2nd SELL A BIT (2)
3rd SCOTTLYN MACH (8)
4th APPLAUSE (9)
5th DANA DYNASTY (5)
6th EXCEPTIONAL MAN (1)
The Information reads as follows:
“nearing the 1400m SHRIEKS OF DELIGHT shifted down the track and contacted the wheel of WEEDONS EXPRESS with that wheel coming free of the rim and this horse being retired from the event..”
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 SHRIEKS OF DELIGHT were represented at this hearing by Open Horseman, Mr J Dunn with Mr C McDowell representing the interests of WEEDON’S EXPRESS.
Submissions for Decision:
Mr Ydgren gave evidence and showed the relevant films of the incident which occurred near the 1400m. Mr Ydgren pointed out SHRIEKS OF DELIGHT racing 4 back on the outside and hanging out. When being passed on the outer by another runner, SHRIEKS OF DELIGHT grabbed up the bit and shifted out. Mr Dunn then attempted to bring SHRIEKS OF DELIGHT back down the track to take up the position behind WEEDON’S EXPRESS but during that manoeuvre SHRIEKS OF DELIGHT struck the wheel of WEEDON’S EXPRESS. Mr Ydgren stated that this strike has resulted in the tyre on the wheel of WEEDON’S EXPRESS being punctured, eventually going flat with the tyre and tube coming adrift of the rim. WEEDON’S EXPRESS had continued on after this incident and was 3 wide in a prominent position near the 800m but had to be retired from the event due to the tyre and tube coming adrift of the sulky wheel. Mr Ydgren submitted that SHRIEKS OF DELIGHT had not gained an advantage due to the interference but that the progress and chances of WEEDON’S EXPRESS have been affected due to the strike on the wheel and the consequential effect of the tyre deflating and going flat. He said WEEDON’S EXPRESS has raced 3 wide from the 1000m it was unknown what chance that horse would have had but for the interference.
Mr McDowell stated that the contact was such a minute touch and barely nicked the tyre. He stated that he did not realise the tyre was punctured until near the 1000m after he had shifted out into a 3 wide position without cover.
Mr Dunn did not dispute the facts as submitted by Mr Ydgren and stated that SHRIEKS DELIGHT had grabbed up the bit and shifted out after being passed by a runner on the outer. When trying to manoeuvre SHRIEKS DELIGHT, who was still not racing kindly at this point, back down into the trail of WEEDON’S EXPRESS, his horse touched the wheel of WEEDON’S EXPRESS. He stated that the contact was just a touch but obviously enough to puncture the tyre.
Reasons for Decision:
The Committee carefully considered the evidence given and the video coverage of the incident. We were satisfied that SHRIEKS OF DELIGHT had shifted out near the 1400m after being passed by another runner on the outer and, when being manoeuvred back down into the trail behind WEEDON’S EXPRESS, had touched the sulky wheel of that horse. We were also satisfied that this touch had punctured the tyre of WEEDON’S EXPRESS and as a result the tyre deflated with WEEDON’S EXPRESS eventually being retired from the event. It was significant that Mr McDowell described the contact as “a minute touch” and said that his sulky tyre had been “barely nicked”.
The Committee found that SHRIEKS OF DELIGHT had caused interference to WEEDON’S EXPRESS. The Committee were also satisfied that the progress and chances of WEEDON’S EXPRESS were affected, but to an unknown degree.
Even having found that there was interference which affected the chances or progress of WEEDON’S EXPRESS, the Committee still had a discretion as to whether to relegate or not. After taking into consideration all factors including the level of interference which was, we accept, very minor and the fact that it would be disproportionate to relegate SHRIEKS OF DELIGHT for such an incident, which was unfortunate and could also be described as a normal racing incident, we decided to exercise our discretion and dismiss the protest.
JCA Decision Fields (raw)
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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: 8d805c4bd5c577f84b3dc456d0729d5f
informantnumber: A1648
horsename: SHRIEKS OF DELIGHT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/11/2013
hearing_title: Timaru HRC 23 November 2013 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, the Laser Electrical Timaru Pace, an Information instigating a protest was filed by Stipendiary Steward Mr N Ydgren, alleging interference by SHRIEKS OF DELIGHT (13), driven by Mr J Dunn, who finished in 1st place, to WEEDON’S EXPRESS (12) retired, driven by Mr C McDowell.
The Judge's placings in this race were as follows:
1st SHRIEKS OF DELIGHT (13)
2nd SELL A BIT (2)
3rd SCOTTLYN MACH (8)
4th APPLAUSE (9)
5th DANA DYNASTY (5)
6th EXCEPTIONAL MAN (1)
The Information reads as follows:
“nearing the 1400m SHRIEKS OF DELIGHT shifted down the track and contacted the wheel of WEEDONS EXPRESS with that wheel coming free of the rim and this horse being retired from the event..”
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 SHRIEKS OF DELIGHT were represented at this hearing by Open Horseman, Mr J Dunn with Mr C McDowell representing the interests of WEEDON’S EXPRESS.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and showed the relevant films of the incident which occurred near the 1400m. Mr Ydgren pointed out SHRIEKS OF DELIGHT racing 4 back on the outside and hanging out. When being passed on the outer by another runner, SHRIEKS OF DELIGHT grabbed up the bit and shifted out. Mr Dunn then attempted to bring SHRIEKS OF DELIGHT back down the track to take up the position behind WEEDON’S EXPRESS but during that manoeuvre SHRIEKS OF DELIGHT struck the wheel of WEEDON’S EXPRESS. Mr Ydgren stated that this strike has resulted in the tyre on the wheel of WEEDON’S EXPRESS being punctured, eventually going flat with the tyre and tube coming adrift of the rim. WEEDON’S EXPRESS had continued on after this incident and was 3 wide in a prominent position near the 800m but had to be retired from the event due to the tyre and tube coming adrift of the sulky wheel. Mr Ydgren submitted that SHRIEKS OF DELIGHT had not gained an advantage due to the interference but that the progress and chances of WEEDON’S EXPRESS have been affected due to the strike on the wheel and the consequential effect of the tyre deflating and going flat. He said WEEDON’S EXPRESS has raced 3 wide from the 1000m it was unknown what chance that horse would have had but for the interference.
Mr McDowell stated that the contact was such a minute touch and barely nicked the tyre. He stated that he did not realise the tyre was punctured until near the 1000m after he had shifted out into a 3 wide position without cover.
Mr Dunn did not dispute the facts as submitted by Mr Ydgren and stated that SHRIEKS DELIGHT had grabbed up the bit and shifted out after being passed by a runner on the outer. When trying to manoeuvre SHRIEKS DELIGHT, who was still not racing kindly at this point, back down into the trail of WEEDON’S EXPRESS, his horse touched the wheel of WEEDON’S EXPRESS. He stated that the contact was just a touch but obviously enough to puncture the tyre.
reasonsfordecision:
The Committee carefully considered the evidence given and the video coverage of the incident. We were satisfied that SHRIEKS OF DELIGHT had shifted out near the 1400m after being passed by another runner on the outer and, when being manoeuvred back down into the trail behind WEEDON’S EXPRESS, had touched the sulky wheel of that horse. We were also satisfied that this touch had punctured the tyre of WEEDON’S EXPRESS and as a result the tyre deflated with WEEDON’S EXPRESS eventually being retired from the event. It was significant that Mr McDowell described the contact as “a minute touch” and said that his sulky tyre had been “barely nicked”.
The Committee found that SHRIEKS OF DELIGHT had caused interference to WEEDON’S EXPRESS. The Committee were also satisfied that the progress and chances of WEEDON’S EXPRESS were affected, but to an unknown degree.
Even having found that there was interference which affected the chances or progress of WEEDON’S EXPRESS, the Committee still had a discretion as to whether to relegate or not. After taking into consideration all factors including the level of interference which was, we accept, very minor and the fact that it would be disproportionate to relegate SHRIEKS OF DELIGHT for such an incident, which was unfortunate and could also be described as a normal racing incident, we decided to exercise our discretion and dismiss the protest.
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr C McDowell-Open Horseman
Respondent: Mr J Dunn-Open Horseman
StipendSteward:
raceid: 48016d7bbb6da4c20a15e71fead76e84
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5354b22a01c3603d6a5452f04af81acc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/11/2013
meet_title: Timaru HRC - 23 November 2013
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