Archive Decision

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Waikouaiti TC 18 March 2014 – R 5 (instigating a protest)

ID: JCA17717

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr CR Ferguson - The Wonkey Donkey

Information Number:
A1772

Hearing Type:
Protest

Rules:
869 (8) (a) (b)

Meet Title:
Waikouaiti HRC - 18 March 2014

Meet Chair:
PKnowles

Race Date:
2014/03/18

Race Number:
R5

Decision:

The Protest is upheld and The Wonkey Donkey is relegated from 2nd placing to behind Merilane in 11th placing.

The official judge's placings are:

[7] Valmagne 1st

[15] Given 2nd

[11] Jolten Joe Demagio 3rd

[3] Miri 4th

Facts:

Following the running of Race# 5 the Robinson Contracting Handicap Trot, Stipendiary Steward Mr S Wallis lodged and information alleging the 2nd placed horse The Wonkey Donkey (CR Ferguson) interfered with the chances of Merilane (NP Williamson). The information alleged that …approaching the 1000m mark The Wonkey Donkey broke causing interference to Merilane and its chances.

The official judge's placings are:

[7] Valmagne 1st

[4] The Wonkey Donkey 2nd

[15] Given 3rd

[11] Joltin Joe Demagio 4th

[3] Miri 5th

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.

Submissions for Decision:

Mr Wallis demonstrated on the video the relevant positions of The Wonkey Donkey and Merilane as the field approached the 1000 metres mark. He said The Wonkey Donkey was running fifth on the running line with Merilane behind it. The Wonkey Donkey broke from its gait and came back onto Merilane. Mr Williamson restrained Merilane but the horse broke, losing considerable ground and its chances of finishing in a better position. He was seeking relegation of The Wonkey Donkey to behind Merilane.

Mr Ferguson stated his horse broke due to the difficult track conditions. He had called out a warning to other drivers and immediately taken a hold of his horse. He said there had been no contact with Merilane.

Mr Williamson stated his horse had broken when restrained. He said Merilane had not been squeezed for room or made contact with the sulky of The Wonkey Donkey. He had not been able to shift outwards due to a runner on his outside.

Reasons for Decision:

The video clearly shows that Merilane broke when being restrained in attempting to avoid the breaking The Wonkey Donkey as the field approached the 1000m mark. The evidence of the drivers confirms that.

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: e3c5ddc9c6464eacad8f2b6c0365f5ce


informantnumber: A1772


horsename: The Wonkey Donkey


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 21/03/2014


hearing_title: Waikouaiti TC 18 March 2014 - R 5 (instigating a protest)


charge:


facts:

Following the running of Race# 5 the Robinson Contracting Handicap Trot, Stipendiary Steward Mr S Wallis lodged and information alleging the 2nd placed horse The Wonkey Donkey (CR Ferguson) interfered with the chances of Merilane (NP Williamson). The information alleged that …approaching the 1000m mark The Wonkey Donkey broke causing interference to Merilane and its chances.

The official judge's placings are:

[7] Valmagne 1st

[4] The Wonkey Donkey 2nd

[15] Given 3rd

[11] Joltin Joe Demagio 4th

[3] Miri 5th

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.


appealdecision:


isappeal:


submissionsfordecision:

Mr Wallis demonstrated on the video the relevant positions of The Wonkey Donkey and Merilane as the field approached the 1000 metres mark. He said The Wonkey Donkey was running fifth on the running line with Merilane behind it. The Wonkey Donkey broke from its gait and came back onto Merilane. Mr Williamson restrained Merilane but the horse broke, losing considerable ground and its chances of finishing in a better position. He was seeking relegation of The Wonkey Donkey to behind Merilane.

Mr Ferguson stated his horse broke due to the difficult track conditions. He had called out a warning to other drivers and immediately taken a hold of his horse. He said there had been no contact with Merilane.

Mr Williamson stated his horse had broken when restrained. He said Merilane had not been squeezed for room or made contact with the sulky of The Wonkey Donkey. He had not been able to shift outwards due to a runner on his outside.


reasonsfordecision:

The video clearly shows that Merilane broke when being restrained in attempting to avoid the breaking The Wonkey Donkey as the field approached the 1000m mark. The evidence of the drivers confirms that.


Decision:

The Protest is upheld and The Wonkey Donkey is relegated from 2nd placing to behind Merilane in 11th placing.

The official judge's placings are:

[7] Valmagne 1st

[15] Given 2nd

[11] Jolten Joe Demagio 3rd

[3] Miri 4th


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869 (8) (a) (b)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr NP Williamson - Merilane


Respondent: Mr CR Ferguson - The Wonkey Donkey


StipendSteward:


raceid: d71be000a2ae70c11bfe222958e4bc68


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 67e899c050f7c65ee7fbbe28951e82fc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/03/2014


meet_title: Waikouaiti HRC - 18 March 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikouaiti-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: none


meet_pm2: none


name: Waikouaiti HRC