Waikouaiti HRC 26 February 2018 – R 10 (instigating a protest) Chair, Prof G Hall
ID: JCA18216
Meet Title:
Waikouaiti HRC - 26 February 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/02/26
Race Number:
R 10
Decision:
The protest is dismissed and the placings called by the judge stand. Stakes and dividends are to be paid accordingly.
Facts:
At the conclusion of Race 10, the SIR LINCOLN AT ALABAR NZ MOBILE PACE, an information was lodged by Mr Tidmarsh under r 869(7B) alleging that “FIERY FERRET gained an advantage by racing inside the rack marker line near the 200 metres.”
Judge’s placings were:
1st 1 MACHJAGGER
2ND 7 FIERY FERRET
3RD 11 TIZIANO
4TH 8 VERA’S DELIGHT
5TH 12 LEADING THE WAY
The official margins were 2 1/4L, 1/2L, 1 3/4L and 1 1/4L.
Rule 869(7B) reads:
Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.
Submissions for Decision:
Mr Tidmarsh, with the aid of the video replays, alleged that Mr McIlwrick allowed his horse to shift inwards striking one marker peg before racing inside the marker peg line and striking a second marker peg immediately on entering the passing lane. By doing so, he believed FIERY FERRET had gained an advantage on the two leading horses MACHJAGGER and TIZIANO by gaining access to the passing lane earlier than to which he was entitled. At the finish, the margin between 2nd and 3rd was a ½ length. He alleged Mr McIlwrick, had he stayed on the course proper, would have had to restrain his horse for several strides in the trail, thereby losing forward momentum. He believed Mr McIlwrick’s horse had gained at least ½ length by shifting onto the pegs and gaining access to the passing lane earlier than was provided in the Rules. He was seeking the disqualification of FIERY FERRET from 2nd placing.
Mr McIlwrick stated he had shifted from a wider position on the track down towards the marker pegs. He believed it was all sideways movement of his horse but the video had made it look like he had gained an advantage. At no time did he believe he had gained any advantage on the two leading horses. He said it was impossible to quantify the distance gained when there was no clear side-on view.
Mr Knight was of the same opinion. He questioned the distance between markers and asked for confirmation from the club officials as to the correct distance between the last two markers. He believed the distance between the markers was too short for his horse to have gained any advantage.
Reasons for Decision:
Following our being given conflicting advice as to whether the distance between the marker pegs was 10 or 20 metres, we inspected that section of the track and asked that the course caretaker measure the distance between the markers. He did so in our presence and he demonstrated that the distance was 17 metres.
The Stewards alleged that FIERY FERRET gained an advantage by shifting inside the marker pegs and thereby gained access to the passing lane when it was not entitled to do so. They believe that had Mr McIlwrick stayed on the course proper he would have had to restrain his horse and, in so doing, would have lost some momentum, and the finishing order may have been different.
Both Mr McIlwrick and Mr Knight stated that the sideways movement of FIERY FERRET gives the false illusion that the horse is gaining more forward momentum and advantage than it actually has. Neither believed the horse would have gained a ½ length advantage at that point in the race.
FIERY FERRET has shifted from a four-wide position in the straight inwards towards the marker pegs and Mr McIlwrick has shifted inside the final two marker pegs for several strides before gaining access to the passing lane. When the videos are synchronised none of the views show conclusively that FIERY FERRET gained an advantage. One view is obscured by out buildings, while the others are all at differing angles and do not give a clear view of any advantage being gained, as both Mr Knight and Mr McIlwrick have emphasised.
The Committee has to be satisfied that FIERY FERRET gained an advantage by shifting inside the marker peg line immediately prior to the start of the passing lane. While the videos give us some assistance they do not show clearly that FIERY FERRET has gained an advantage.
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: fcb5ee693f1be3af2822f586d29f56fb
informantnumber: A10420
horsename: FIERY FERRET
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 05/03/2018
hearing_title: Waikouaiti HRC 26 February 2018 - R 10 (instigating a protest) Chair, Prof G Hall
charge:
facts:
At the conclusion of Race 10, the SIR LINCOLN AT ALABAR NZ MOBILE PACE, an information was lodged by Mr Tidmarsh under r 869(7B) alleging that “FIERY FERRET gained an advantage by racing inside the rack marker line near the 200 metres.”
Judge’s placings were:
1st 1 MACHJAGGER
2ND 7 FIERY FERRET
3RD 11 TIZIANO
4TH 8 VERA’S DELIGHT
5TH 12 LEADING THE WAY
The official margins were 2 1/4L, 1/2L, 1 3/4L and 1 1/4L.
Rule 869(7B) reads:
Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.
appealdecision:
isappeal:
submissionsfordecision:
Mr Tidmarsh, with the aid of the video replays, alleged that Mr McIlwrick allowed his horse to shift inwards striking one marker peg before racing inside the marker peg line and striking a second marker peg immediately on entering the passing lane. By doing so, he believed FIERY FERRET had gained an advantage on the two leading horses MACHJAGGER and TIZIANO by gaining access to the passing lane earlier than to which he was entitled. At the finish, the margin between 2nd and 3rd was a ½ length. He alleged Mr McIlwrick, had he stayed on the course proper, would have had to restrain his horse for several strides in the trail, thereby losing forward momentum. He believed Mr McIlwrick’s horse had gained at least ½ length by shifting onto the pegs and gaining access to the passing lane earlier than was provided in the Rules. He was seeking the disqualification of FIERY FERRET from 2nd placing.
Mr McIlwrick stated he had shifted from a wider position on the track down towards the marker pegs. He believed it was all sideways movement of his horse but the video had made it look like he had gained an advantage. At no time did he believe he had gained any advantage on the two leading horses. He said it was impossible to quantify the distance gained when there was no clear side-on view.
Mr Knight was of the same opinion. He questioned the distance between markers and asked for confirmation from the club officials as to the correct distance between the last two markers. He believed the distance between the markers was too short for his horse to have gained any advantage.
reasonsfordecision:
Following our being given conflicting advice as to whether the distance between the marker pegs was 10 or 20 metres, we inspected that section of the track and asked that the course caretaker measure the distance between the markers. He did so in our presence and he demonstrated that the distance was 17 metres.
The Stewards alleged that FIERY FERRET gained an advantage by shifting inside the marker pegs and thereby gained access to the passing lane when it was not entitled to do so. They believe that had Mr McIlwrick stayed on the course proper he would have had to restrain his horse and, in so doing, would have lost some momentum, and the finishing order may have been different.
Both Mr McIlwrick and Mr Knight stated that the sideways movement of FIERY FERRET gives the false illusion that the horse is gaining more forward momentum and advantage than it actually has. Neither believed the horse would have gained a ½ length advantage at that point in the race.
FIERY FERRET has shifted from a four-wide position in the straight inwards towards the marker pegs and Mr McIlwrick has shifted inside the final two marker pegs for several strides before gaining access to the passing lane. When the videos are synchronised none of the views show conclusively that FIERY FERRET gained an advantage. One view is obscured by out buildings, while the others are all at differing angles and do not give a clear view of any advantage being gained, as both Mr Knight and Mr McIlwrick have emphasised.
The Committee has to be satisfied that FIERY FERRET gained an advantage by shifting inside the marker peg line immediately prior to the start of the passing lane. While the videos give us some assistance they do not show clearly that FIERY FERRET has gained an advantage.
Decision:
The protest is dismissed and the placings called by the judge stand. Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7B)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr R McIlwrick - Driver of FIERY FERRET, Mr G Knight - Trainer of FIERY FERRET
StipendSteward:
raceid: 1dc67a861f536b3f55a110b87738fc17
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: 30771247e7d696874261e2cb0c30df56
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/02/2018
meet_title: Waikouaiti HRC - 26 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikouaiti-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Waikouaiti HRC