Tuapeka HRC 27 October 2013 – R 10 (instigating a protest)
ID: JCA17063
Meet Title:
Tuapeka HRC - 27 October 2013
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2013/10/27
Race Number:
R 10
Decision:
The protest is dismissed and the placings are as the horses crossed the line. Stakes and dividends are to be paid accordingly.
Facts:
At the conclusion of Race 10, the LYDERS CONTRACTING/MORNINGTON TAVERN SPECIAL HCP PACE, an information was lodged by Mr Wallis under 869(8)(a) alleging interference to horse No. 1 VERA’S DELIGHT (B McLellan), which was placed 4th by the Judge, by horse No. 2 THE WITCH DOCTOR (M Williamson) placed 3rd. The allegation was that THE WITCH DOCTOR failed to allow the passing lane to be free for VERA’S DELIGHT, which caused Mr McLellan to be unable to drive his runner out over the final stages.
Judge’s placings were:
1ST 11 TULACH ARD
2ND 10 KNAPDALE LADY
3RD 2 THE WITCH DOCTOR
4TH 1 VERA'S DELIGHT
The official margin between 3rd and 4th was 1 1/4 lengths.
Rule 869(8) states:
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 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 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 Wallis demonstrated on the head and side-on videos that some time after straightening THE WITCH DOCTOR, which had trailed the leading horse into the home straight, shifted into the passing lane. Mr Williamson, the driver of THE WITCH DOCTOR had initially not taken the passing lane as the leading horse had run out after straightening. Mr McLellan, who was 4 back on the inner, obtained a run in the passing lane shortly after entering the home straight. However, Mr McLellan eventually ran out of room and was forced to take hold of his horse some 25 metres before the winning post. This was due to Mr Williamson allowing his horse to shift marginally into the passing lane as he progressed up the straight.
Mr Wallis stated Mr Williamson’s obligation under the Rules was to maintain as straight a course as possible in the home straight. When questioned by the committee, he demonstrated by freezing the head and side on videos that Mr McLellan had had to take hold of his horse about 23 metres from the finishing line.
Mr McLellan stated that he had elected to take the passing lane and had had to take hold as he had run out of room as a consequence of THE WITCH DOCTOR shifting into the passing lane. He stated he believed this was about 25 metres from the line and said his horse was still travelling at the time. While the margin between 3rd and 4th was a length and a quarter, he believed had he not lost momentum, he could have made up this ground and finished ahead of THE WITCH DOCTOR. When questioned, he said the tightening had occurred both because Mr Williamson had come in and due to the configuration of the passing lane itself.
Mr Knight, the trainer of THE WITCH DOCTOR, stated that he did not believe VERA’S DELIGHT would have beaten THE WITCH DOCTOR. He said Mr McLellan had run out of room too close to the line for it to have had any effect on the placings.
Mr Williamson stated that he believed the passing lane was his to take as he was driving the trailing horse into the home straight. He said he did not need to go into it at the top of the straight as he had room to mount his run on the inner of the leading horse as it had moved out. He said he did not go “hard down” into the passing lane and Mr Knight was right when he said VERA’S DELIGHT would not have beaten THE WITCH DOCTOR. He said it was some time before he was aware there was a horse taking a run in the passing lane.
Mr Wallis, in summing up, said the passing lane was available to VERA’S DELIGHT as Mr Williamson had opted not to take it. He said it was up to the committee to determine whether VERA’S DELIGHT would have beaten THE WITCH DOCTOR. Mr McLellan said after seeing the videos again he believed it was closer to 50 metres out that he was held up.
Reasons for Decision:
Mr Williamson, who had trailed the leading horse into the home straight, opted not to take the run that was he was entitled to take in the passing lane. He thus left the run available for those horses that had followed him into the straight. Mr McLellan took advantage of this opportunity. From that time the passing lane run was not available to Mr Williamson as his obligation was to keep a straight line up the home straight. However, Mr Williamson did shift into the passing lane. It was a slow movement over some distance as he progressed up the home straight but eventually it was sufficient to deny Mr McLellan a run.
We are satisfied there was interference to VERA’S DELIGHT as a consequence of a breach of r 869(8)(a) through THE WITCH DOCTOR coming into the passing lane. The horse’s progress was affected. The issue is whether to exercise our discretion to relegate THE WITCH DOCTOR behind VERA’S DELIGHT. We find that VERA’S DELIGHT lost momentum only some 23 to 25 metres from the winning post and, while the horse was steadily making up ground on THE WITCH DOCTOR, we do not believe that in the distance to the post it would have made up sufficient ground to finish ahead of VERA’S DELIGHT when regard is had to the margin of a length and a quarter.
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: c84a713ca70ba600ce35d7b0ea3dd7aa
informantnumber: A2425
horsename: THE WITCH DOCTOR
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 27/10/2013
hearing_title: Tuapeka HRC 27 October 2013 - R 10 (instigating a protest)
charge:
facts:
At the conclusion of Race 10, the LYDERS CONTRACTING/MORNINGTON TAVERN SPECIAL HCP PACE, an information was lodged by Mr Wallis under 869(8)(a) alleging interference to horse No. 1 VERA’S DELIGHT (B McLellan), which was placed 4th by the Judge, by horse No. 2 THE WITCH DOCTOR (M Williamson) placed 3rd. The allegation was that THE WITCH DOCTOR failed to allow the passing lane to be free for VERA’S DELIGHT, which caused Mr McLellan to be unable to drive his runner out over the final stages.
Judge’s placings were:
1ST 11 TULACH ARD
2ND 10 KNAPDALE LADY
3RD 2 THE WITCH DOCTOR
4TH 1 VERA'S DELIGHT
The official margin between 3rd and 4th was 1 1/4 lengths.
Rule 869(8) states:
The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 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 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 Wallis demonstrated on the head and side-on videos that some time after straightening THE WITCH DOCTOR, which had trailed the leading horse into the home straight, shifted into the passing lane. Mr Williamson, the driver of THE WITCH DOCTOR had initially not taken the passing lane as the leading horse had run out after straightening. Mr McLellan, who was 4 back on the inner, obtained a run in the passing lane shortly after entering the home straight. However, Mr McLellan eventually ran out of room and was forced to take hold of his horse some 25 metres before the winning post. This was due to Mr Williamson allowing his horse to shift marginally into the passing lane as he progressed up the straight.
Mr Wallis stated Mr Williamson’s obligation under the Rules was to maintain as straight a course as possible in the home straight. When questioned by the committee, he demonstrated by freezing the head and side on videos that Mr McLellan had had to take hold of his horse about 23 metres from the finishing line.
Mr McLellan stated that he had elected to take the passing lane and had had to take hold as he had run out of room as a consequence of THE WITCH DOCTOR shifting into the passing lane. He stated he believed this was about 25 metres from the line and said his horse was still travelling at the time. While the margin between 3rd and 4th was a length and a quarter, he believed had he not lost momentum, he could have made up this ground and finished ahead of THE WITCH DOCTOR. When questioned, he said the tightening had occurred both because Mr Williamson had come in and due to the configuration of the passing lane itself.
Mr Knight, the trainer of THE WITCH DOCTOR, stated that he did not believe VERA’S DELIGHT would have beaten THE WITCH DOCTOR. He said Mr McLellan had run out of room too close to the line for it to have had any effect on the placings.
Mr Williamson stated that he believed the passing lane was his to take as he was driving the trailing horse into the home straight. He said he did not need to go into it at the top of the straight as he had room to mount his run on the inner of the leading horse as it had moved out. He said he did not go “hard down” into the passing lane and Mr Knight was right when he said VERA’S DELIGHT would not have beaten THE WITCH DOCTOR. He said it was some time before he was aware there was a horse taking a run in the passing lane.
Mr Wallis, in summing up, said the passing lane was available to VERA’S DELIGHT as Mr Williamson had opted not to take it. He said it was up to the committee to determine whether VERA’S DELIGHT would have beaten THE WITCH DOCTOR. Mr McLellan said after seeing the videos again he believed it was closer to 50 metres out that he was held up.
reasonsfordecision:
Mr Williamson, who had trailed the leading horse into the home straight, opted not to take the run that was he was entitled to take in the passing lane. He thus left the run available for those horses that had followed him into the straight. Mr McLellan took advantage of this opportunity. From that time the passing lane run was not available to Mr Williamson as his obligation was to keep a straight line up the home straight. However, Mr Williamson did shift into the passing lane. It was a slow movement over some distance as he progressed up the home straight but eventually it was sufficient to deny Mr McLellan a run.
We are satisfied there was interference to VERA’S DELIGHT as a consequence of a breach of r 869(8)(a) through THE WITCH DOCTOR coming into the passing lane. The horse’s progress was affected. The issue is whether to exercise our discretion to relegate THE WITCH DOCTOR behind VERA’S DELIGHT. We find that VERA’S DELIGHT lost momentum only some 23 to 25 metres from the winning post and, while the horse was steadily making up ground on THE WITCH DOCTOR, we do not believe that in the distance to the post it would have made up sufficient ground to finish ahead of VERA’S DELIGHT when regard is had to the margin of a length and a quarter.
Decision:
The protest is dismissed and the placings are as the horses crossed the line. Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Williamson - Junior Horseman and Driver of THE WITCH DOCTOR, Mr B McLellan - Open Horseman and Driver of VERA'S DELIGHT, Mr G Knight - Licensed Trainer of THE WITCH DOCTOR
Respondent: Mr M Williamson - Junior Horseman and Driver of THE WITCH DOCTOR, Mr G Knight - Licensed Trainer of THE WITCH DOCTOR
StipendSteward:
raceid: 722f3559dcd3aa1475615a72ba969de0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a2b396f4895e498fb8db884b49d8b5af
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/10/2013
meet_title: Tuapeka HRC - 27 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: tuapeka-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Tuapeka HRC