Timaru HRC 23 September 2012 – R 9 (Instigating a protest)
ID: JCA15914
Meet Title:
Timaru HRC - 23 September 2012
Meet Chair:
JMillar
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/09/23
Race Number:
R9
Decision:
“Lee Van Cleef” had interfered with “K C Pedro” causing the latter to go into a break, affecting its progress and or chance in the race.
The protest was upheld.
Accordingly “Lee Van Cleef” should be relegated to behind “K C Pedro”, the revised placings being:
1st Noddy (3)
2nd K C Pedro (2)
3rd Lee Van Cleef (1)
4th Washington Express (10)
5th Tyron's Falcon Ella (8)
6th Chisnall (4)
It was ordered that dividends and stakes be paid in accordance with the amended result.
Facts:
Following the running of Race 9, the “Lis Mara Mobile Pace 2000m” an Information Instigating a Protest was filed by Stipendiary Steward Mr Renault alleging interference by “Lee Van Cleef” (1), driven by Mr S Lethaby, to “K C Pedro” (2), driven by Mr M Williamson.
The Judges' placings in this race were as follows:
1st – Noddy (3)
2nd- Lee Van Cleef (1)
3rd- K C Pedro (2)
4th- Washington Express (10)
5th- Tyron's Falcon Ella (8)
6th- Chisnall (4)
The Information reads as follows:
“Racing into the first bend Lee Van Cleef shifted outwards checking K C Pedro which broke”
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,
may have gained an advantage by any contact or interference prohibited by any preceding provision of this Rule and/or
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:
Stipendiary Steward Mr Renault using the race video illustrated how going into the first bend leaving the straight, “Lee Van Cleef” driven by Mr S Lethaby, which was in the lead on the marker line, ran outwards not tracking properly. This resulted in squeezing up “K C Pedro” which was about to take a position outside “Lee Van Cleef”. As a consequence Mr Lethaby's sulky made contact with the forelegs of “K C Pedro” causing that horse to go into a break and lose ground settling 3 back on the outside. Mr Lethaby managed to maintain the trail throughout the race.
Mr Renault acknowledged there had been some “downward pressure” from the horse to the outside of “K C Pedro” as the field left the straight and entered the first bend. He submitted however the outwards movement of “Vee Van Cleef” had been the sole reason for the interference to “K C Pedro”.
Mr Renault illustrated using race video, that “K C Pedro” lost a length or two, a more favourable racing position and had been required to race three wide eventually finishing ½ head behind “Lee Van Cleef” at the finish of the race. He submitted “Lee Van Cleef” was solely responsible for the interference causing “K C Pedro” to have its chances in the race affected and would have beaten “Vee Van Cleef" but for the interference.
Mr Williamson gave evidence of starting from the No 2 gate and on reaching the first bend “Lee Van Cleef”, which had started from the No 1 gate, ran outwards making contact with “K C Pedro's” forelegs causing the horse to go into a break. He submitted the interference had prevented him from finishing in a better position than 3rd. He acknowledged the gap between “Lee Van Cleef” and the outside horse immediately prior to the interference was not big, but sufficient for him to “take up”.
Mr Hastie, trainer of “K C Pedro”, who was driving another of his horses in the race, had his attention drawn to the incident, which he said was serious. He added he was surprised ”K C Pedro” stayed on his feet. He submitted Mr Lethaby's horse had run out a bit and it had been “a bit unfortunate”. Mr Hastie attended the hearing to support Junior Horseman Mr Williamson.
In response to a question from the panel Mr Hastie qualified his statement about it being “a bit unfortunate”. He said Mr Lethaby obviously did not expect it to happen. Further he felt “K C Pedro's” chances had been significantly affected.
Mr Lethaby said going into the bend, (which is a bit tight), his horse “ducked out a bit” and his sulky had struck the legs of “K C Pedro”. There had not been a lot of room for Mr Williamson and the outside horses were “coming down” putting pressure onto Mr Williamson.
Mr Williamson conceded it was a bit tight but there would not have been a problem if “Lee Van Cleef” had not run out.
In response to a question from the panel, Mr Lethaby accepted there had been sufficient room immediately outside his horse, before his horse had ducked out, for Mr Williamson to move up between “Lee Van Cleef” and the horses to the outside.
Mr Renault made a submission that “Lee Van Cleef” should be relegated to 3rd place behind “K C Pedro”.
Reasons for Decision:
Uncontested evidence given at the hearing clearly established on entering the first bend after the start of the race, “Lee Van Cleef” moved off the markers taking the racing line of “K C Pedro”, causing the latter to go into a break and lose at least two lengths.
The fact the interference occurred early in the race, (approximately 250 metres into a 2000 metre race), was taken into consideration by the Committee. However we considered “K C Pedro” had lost significant ground, a handy racing position and as a consequence of the interference had raced three wide. This together with the small margin between the two horses at the finish of the race (1/2 head) lead us to conclude “K C Pedro's” chances had been affected.
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: e4637c3a49d008ad2a4ceb20d186b89e
informantnumber: A2407
horsename: Lee Van Cleef
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 05/09/2012
hearing_title: Timaru HRC 23 September 2012 - R 9 (Instigating a protest)
charge:
facts:
Following the running of Race 9, the “Lis Mara Mobile Pace 2000m” an Information Instigating a Protest was filed by Stipendiary Steward Mr Renault alleging interference by “Lee Van Cleef” (1), driven by Mr S Lethaby, to “K C Pedro” (2), driven by Mr M Williamson.
The Judges' placings in this race were as follows:
1st – Noddy (3)
2nd- Lee Van Cleef (1)
3rd- K C Pedro (2)
4th- Washington Express (10)
5th- Tyron's Falcon Ella (8)
6th- Chisnall (4)
The Information reads as follows:
“Racing into the first bend Lee Van Cleef shifted outwards checking K C Pedro which broke”
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,
may have gained an advantage by any contact or interference prohibited by any preceding provision of this Rule and/or
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:
Stipendiary Steward Mr Renault using the race video illustrated how going into the first bend leaving the straight, “Lee Van Cleef” driven by Mr S Lethaby, which was in the lead on the marker line, ran outwards not tracking properly. This resulted in squeezing up “K C Pedro” which was about to take a position outside “Lee Van Cleef”. As a consequence Mr Lethaby's sulky made contact with the forelegs of “K C Pedro” causing that horse to go into a break and lose ground settling 3 back on the outside. Mr Lethaby managed to maintain the trail throughout the race.
Mr Renault acknowledged there had been some “downward pressure” from the horse to the outside of “K C Pedro” as the field left the straight and entered the first bend. He submitted however the outwards movement of “Vee Van Cleef” had been the sole reason for the interference to “K C Pedro”.
Mr Renault illustrated using race video, that “K C Pedro” lost a length or two, a more favourable racing position and had been required to race three wide eventually finishing ½ head behind “Lee Van Cleef” at the finish of the race. He submitted “Lee Van Cleef” was solely responsible for the interference causing “K C Pedro” to have its chances in the race affected and would have beaten “Vee Van Cleef" but for the interference.
Mr Williamson gave evidence of starting from the No 2 gate and on reaching the first bend “Lee Van Cleef”, which had started from the No 1 gate, ran outwards making contact with “K C Pedro's” forelegs causing the horse to go into a break. He submitted the interference had prevented him from finishing in a better position than 3rd. He acknowledged the gap between “Lee Van Cleef” and the outside horse immediately prior to the interference was not big, but sufficient for him to “take up”.
Mr Hastie, trainer of “K C Pedro”, who was driving another of his horses in the race, had his attention drawn to the incident, which he said was serious. He added he was surprised ”K C Pedro” stayed on his feet. He submitted Mr Lethaby's horse had run out a bit and it had been “a bit unfortunate”. Mr Hastie attended the hearing to support Junior Horseman Mr Williamson.
In response to a question from the panel Mr Hastie qualified his statement about it being “a bit unfortunate”. He said Mr Lethaby obviously did not expect it to happen. Further he felt “K C Pedro's” chances had been significantly affected.
Mr Lethaby said going into the bend, (which is a bit tight), his horse “ducked out a bit” and his sulky had struck the legs of “K C Pedro”. There had not been a lot of room for Mr Williamson and the outside horses were “coming down” putting pressure onto Mr Williamson.
Mr Williamson conceded it was a bit tight but there would not have been a problem if “Lee Van Cleef” had not run out.
In response to a question from the panel, Mr Lethaby accepted there had been sufficient room immediately outside his horse, before his horse had ducked out, for Mr Williamson to move up between “Lee Van Cleef” and the horses to the outside.
Mr Renault made a submission that “Lee Van Cleef” should be relegated to 3rd place behind “K C Pedro”.
reasonsfordecision:
Uncontested evidence given at the hearing clearly established on entering the first bend after the start of the race, “Lee Van Cleef” moved off the markers taking the racing line of “K C Pedro”, causing the latter to go into a break and lose at least two lengths.
The fact the interference occurred early in the race, (approximately 250 metres into a 2000 metre race), was taken into consideration by the Committee. However we considered “K C Pedro” had lost significant ground, a handy racing position and as a consequence of the interference had raced three wide. This together with the small margin between the two horses at the finish of the race (1/2 head) lead us to conclude “K C Pedro's” chances had been affected.
Decision:
“Lee Van Cleef” had interfered with “K C Pedro” causing the latter to go into a break, affecting its progress and or chance in the race.
The protest was upheld.
Accordingly “Lee Van Cleef” should be relegated to behind “K C Pedro”, the revised placings being:
1st Noddy (3)
2nd K C Pedro (2)
3rd Lee Van Cleef (1)
4th Washington Express (10)
5th Tyron's Falcon Ella (8)
6th Chisnall (4)
It was ordered that dividends and stakes be paid in accordance with the amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M J Williamson - Junior Horseman, Mr A D Hastie - Open Horseman
Respondent: Mr S D Lethaby - Open Horseman
StipendSteward:
raceid: fa4a4a139a277c1af9f80e39548b385e
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: c50a421ad1e1e911a6a262176e6973f2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/09/2012
meet_title: Timaru HRC - 23 September 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: JMillar
meet_pm1: RMcKenzie
meet_pm2: none
name: Timaru HRC