Wairarapa HRC 14 April 2011 – R5 (Instigating a Protest)
ID: JCA16878
Meet Title:
Wairarapa HRC - 14 April 2011
Meet Chair:
TUtikere
Meet Committee Member 1:
TCastles
Race Date:
2011/04/14
Race Number:
Race 5
Decision:
The protest was dismissed, and the placings as called by the Judge were confirmed:
1st: 3 - STARRY STYX
2nd: 2 - MONICAS REVENGE
3rd: 8 - LEFT ALIVE
4th: 4 - BERBIZIER
5th: 7 - ICONIC KATE
The committee also authorised the immediate payment of dividends.
Facts:
Following the running of Race 5, Osborne Read Chartered Accountants Mobile Pace, an information instigating a protest under Rule 869 was filed by Stipendiary Steward, Mr S Wallis, on behalf of LEFT ALIVE (S Lawson), placed 3rd by the judge, against MONICAS REVENGE (N Chilcott), placed 2nd by the judge, on the grounds of “interference in the home straight; Passing Lane Regulation 7”.
The judge’s official placings read:
1st: 3 - STARRY STYX
2nd: 2 - MONICAS REVENGE
3rd: 8 - LEFT ALIVE
4th: 4 - BERBIZIER
5th: 7 - ICONIC KATE
The official margins were:
¼ Length – 1 Length – 1 ½ Lengths
Submissions for Decision:
The stewards indicated they had no questions for Miss Chilcott.
In response to a question, Mr Lawson the driver of LEFT ALIVE, the horse trailing MONICAS REVENGE, stated that Miss Chilcott’s drive had moved into the lane and as a result he had to come out. He stated that while it was hard to say whether his inability to take the passing lane had cost him the race, it was his intention to take the passing lane, but was unable to do so due to Miss Chilcott having taken the lane and as a result, dictating his line in the run to the judge. Mr Lawson believed he was still in with a chance at the time the passing lane presented itself. Further, at the time he got to the final marker of the passing lane and opted to shift out, Mr Lawson believed there was not an available run on the passing lane. Mr Lawson was asked to clarify this for the committee; he stated he believed it would have been possible for him to get his horse’s feet into the lane, but not the full sulky. In response to a question, Mr Lawson also believed he was approximately ½ length behind Ms Chilcott’s horse at the final marker of the passing lane.
Mr Hughes, LEFT ALIVE’s trainer, commented that his horse has had to come sideways up the straight in order to get to where she ended up. He also pointed out the ground that she had made up and submitted that if she was in the passing lane, it was his belief that LEFT ALIVE would have finished in a better position.
Miss Chilcott, using the front on view of the film, submitted that at no time did Mr Lawson angle his horse down, stating that the films demonstrated that Mr Lawson had elected to come out long before the passing lane presented itself, never attempting to take the passing lane. She further stated that Mr Lawson clearly drove LEFT ALIVE out, identifying an adequate amount of room for Mr Lawson to attempt to take the passing lane if he chose to, which she submitted he did not do. She also believed she had been dictated to by the horse on her outside, forcing her to come down slightly.
Using the films she submitted that Mr Lawson did not even attempt to put his horse’s legs into the passing lane, suggesting that it was more advantageous for Mr Lawson to allow his horse to run out and let it run out under its own momentum. In response to question from the committee about the degree of MONICAS REVENGE’s movement, Miss Chilcott acknowledged that she had moved from her line marginally, but also submitted that it was worthwhile to point out the nature of the passing lane and its gradual thinning over the length of the home straight.
Mr McIntyre identified the runners on the films for the benefit of those present. Using the films, he also pointed out the lead horse entering the home straight, stating that Miss Chilcott’s horse had continued to shift in just after the home turn, at which point Mr Lawson has had to move his drive out; having been denied access to the passing lane as a result of the inwards movement of Miss Chilcott’s drive. Mr McIntyre submitted that as Miss Chilcott got closer towards the finish line, the more her horse drifted into the passing lane.
Reasons for Decision:
The committee after reviewing all submissions and the available films, noted that there was movement inwards from the outside horse, which did provide some dictation to MONICAS REVENGE, resulting in a slight degree of movement. However, the films and in particular the front on film, clearly supported Miss Chilcott’s evidence that Mr Lawson did not make any attempt to take the passing lane when it was presented. It was apparent that Mr Lawson opted to run LEFT ALIVE to the outside of MONICAS REVENGE, instead of taking the passing lane at the earliest opportunity. The Committee accepted the evidence of Miss Chilcott in reaching its finding, and also relied on its own observations from viewing the available films.
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: adc13921d5495c64078c3f40c025863b
informantnumber: 14511
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/04/2011
hearing_title: Wairarapa HRC 14 April 2011 - R5 (Instigating a Protest)
charge:
facts:
Following the running of Race 5, Osborne Read Chartered Accountants Mobile Pace, an information instigating a protest under Rule 869 was filed by Stipendiary Steward, Mr S Wallis, on behalf of LEFT ALIVE (S Lawson), placed 3rd by the judge, against MONICAS REVENGE (N Chilcott), placed 2nd by the judge, on the grounds of “interference in the home straight; Passing Lane Regulation 7”.
The judge’s official placings read:
1st: 3 - STARRY STYX
2nd: 2 - MONICAS REVENGE
3rd: 8 - LEFT ALIVE
4th: 4 - BERBIZIER
5th: 7 - ICONIC KATE
The official margins were:
¼ Length – 1 Length – 1 ½ Lengths
appealdecision:
isappeal:
submissionsfordecision:
The stewards indicated they had no questions for Miss Chilcott.
In response to a question, Mr Lawson the driver of LEFT ALIVE, the horse trailing MONICAS REVENGE, stated that Miss Chilcott’s drive had moved into the lane and as a result he had to come out. He stated that while it was hard to say whether his inability to take the passing lane had cost him the race, it was his intention to take the passing lane, but was unable to do so due to Miss Chilcott having taken the lane and as a result, dictating his line in the run to the judge. Mr Lawson believed he was still in with a chance at the time the passing lane presented itself. Further, at the time he got to the final marker of the passing lane and opted to shift out, Mr Lawson believed there was not an available run on the passing lane. Mr Lawson was asked to clarify this for the committee; he stated he believed it would have been possible for him to get his horse’s feet into the lane, but not the full sulky. In response to a question, Mr Lawson also believed he was approximately ½ length behind Ms Chilcott’s horse at the final marker of the passing lane.
Mr Hughes, LEFT ALIVE’s trainer, commented that his horse has had to come sideways up the straight in order to get to where she ended up. He also pointed out the ground that she had made up and submitted that if she was in the passing lane, it was his belief that LEFT ALIVE would have finished in a better position.
Miss Chilcott, using the front on view of the film, submitted that at no time did Mr Lawson angle his horse down, stating that the films demonstrated that Mr Lawson had elected to come out long before the passing lane presented itself, never attempting to take the passing lane. She further stated that Mr Lawson clearly drove LEFT ALIVE out, identifying an adequate amount of room for Mr Lawson to attempt to take the passing lane if he chose to, which she submitted he did not do. She also believed she had been dictated to by the horse on her outside, forcing her to come down slightly.
Using the films she submitted that Mr Lawson did not even attempt to put his horse’s legs into the passing lane, suggesting that it was more advantageous for Mr Lawson to allow his horse to run out and let it run out under its own momentum. In response to question from the committee about the degree of MONICAS REVENGE’s movement, Miss Chilcott acknowledged that she had moved from her line marginally, but also submitted that it was worthwhile to point out the nature of the passing lane and its gradual thinning over the length of the home straight.
Mr McIntyre identified the runners on the films for the benefit of those present. Using the films, he also pointed out the lead horse entering the home straight, stating that Miss Chilcott’s horse had continued to shift in just after the home turn, at which point Mr Lawson has had to move his drive out; having been denied access to the passing lane as a result of the inwards movement of Miss Chilcott’s drive. Mr McIntyre submitted that as Miss Chilcott got closer towards the finish line, the more her horse drifted into the passing lane.
reasonsfordecision:
The committee after reviewing all submissions and the available films, noted that there was movement inwards from the outside horse, which did provide some dictation to MONICAS REVENGE, resulting in a slight degree of movement. However, the films and in particular the front on film, clearly supported Miss Chilcott’s evidence that Mr Lawson did not make any attempt to take the passing lane when it was presented. It was apparent that Mr Lawson opted to run LEFT ALIVE to the outside of MONICAS REVENGE, instead of taking the passing lane at the earliest opportunity. The Committee accepted the evidence of Miss Chilcott in reaching its finding, and also relied on its own observations from viewing the available films.
Decision:
The protest was dismissed, and the placings as called by the Judge were confirmed:
1st: 3 - STARRY STYX
2nd: 2 - MONICAS REVENGE
3rd: 8 - LEFT ALIVE
4th: 4 - BERBIZIER
5th: 7 - ICONIC KATE
The committee also authorised the immediate payment of dividends.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr N McIntyre - Stipendiary Steward, Mr R Neal - Stipendiary Steward, Mr R Hughes - Trainer LEFT ALIVE, Mr S Lawson - Driver LEFT ALIVE
Respondent: Ms N Chilcott - Driver MONICAS REVENGE
StipendSteward:
raceid: a0810da54da193971f7c6dc2e4337210
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
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meetdate: 14/04/2011
meet_title: Wairarapa HRC - 14 April 2011
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name: Wairarapa HRC