Wairarapa HRC – 15 April 2010 – R 8
ID: JCA20339
Hearing Type (Code):
harness-racing
Meet Title:
Wairarapa HRC - 15 April 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/04/15
Race Number:
R 8
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: T W Taumanu
--Defendant: G Small - Trainer, D Butcher - Driver
--Information No: 11808 (instigating a protest)
--Meeting: Wairarapa HRC
--Date: 15 April 2010
--Venue: Palmerston North
--Race: 8
--Rule No: 869(8) A and B
--Judicial Committee: T Castles, Chairman – N Moffatt and T Utikere Committee Members
----
Following the running of Race 8, Christian Cullen Wairarapa Cup Handicap Pace, the siren sounded instigating a protest brought under Rule 869 8 A and B.
----
Rule 869 (8a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this rule and as (b) may have interfered with or whose horseman may have interfered with the progress or chances of any other horse or horses immediately after any horse from which it may have gained on advantage or whose chances or progress may have been affected thereby.
----
The provisional placings as called by the judge were:
----
13 Perfect Cullen
--3 His Honour
--7 Eyes about the ground
--8 Ambro Winger
--9 Rolias
--2 Eastwood Pharaoh
----
The protest concerns horse 2, ‘Eastwood Pharaoh’, placed 6th by the judge against horse 13 ‘Perfect Cullen’ placed 1st by the judge.
----
Mr. Taumanu showing the available films pointed out the incident at about the 200 metre mark. He commented that Mr. Butchers drive Perfect Cullen moved sharply inwards causing Mr. Dicksons drive Eastwood Pharaoh to break and lose momentum.
----
Mr. Dickson in answer to a question from Mr. Taumanu believed it did affect his chances of finishing in a higher placing. He lost 2 – 3 lengths. Mr Butchers came across and hit his horse’s legs. He believed he galloped for about 7 strides.
----
Mr. Butcher agreed his horse did move inwards and yes he did touch legs. He believed Mr. Dicksons horse only galloped for a couple of strides. Mr. Butcher felt his horse was travelling too well and he won easy.
----
Mr. Small agreed that contact was made but believed Eastwood Pharaoh had ample opportunity to finish in a better position. The best horse won, he stated.
----
Mr. Taumanu, Stipendiary Steward, felt the interference occurred at a crucial stage of the race. He believed the horse galloped for at least 4 strides and the interference suffered meant that momentum of the race was lost as he felt Eastwood Pharaoh was travelling well and in a position to mount a challenge in the run up the home straight.
----
Both Mr. Small and Mr. Butcher in summary concurred that the horse did move inwards and make contact with Mr. Dicksons horse. They both felt that Eastwood Pharaoh was not travelling well enough to advance its finishing position even after the interference and that the best horse won the race.
----
Decision and Reason:
----
During deliberations the films of the incident could not be viewed on the TV monitors because Trackside was showing the preliminaries for the next race.
----
In arriving at our decision, the committee carefully considered the evidence placed in front of us. The available films showed clearly that the provisional winner Perfect Cullen moved sharply inward and caused contact with Eastwood Pharaoh, this was not disputed by the connections. The argument from Perfect Cullen’s connections centred on the ease in which their horse won and the margins 1 ¼ length, Nk, Nk, 2 ¼ lengths. They believed strongly that their horse finished strongly to win, was in no danger of defeat and felt that Eastwood Pharaoh who was put off stride was never travelling well enough to mount a serious challenge, and improve its placing. Much of the comment from all parties concerned the amount of ground lost and the number of strides on breaking of Eastwood Pharaoh.
----
The committee is adamant that the number of strides was certainly more than the couple suggested by the connections of Perfect Cullen but not the 6 or 7 suggested by the driver of Eastwood Pharaoh Mr. Dickson. We tended to agree with Stipendiary Steward Taumanu that the horse broke for about four strides. We concur with Mr. Taumanu that it was at a crucial time in the race, the run up the home straight. Eastwood Pharaoh was travelling well and was perfectly entitled to be where he was.
----
We then addressed the arguments put forward by Perfect Cullen’s connections that theirs was the best horse in the race, it won with ease and it would be unfortunate if it could not hold the race.
----
The committee did consider the ease in which Perfect Cullen won and the margins but then revisited rule 869 8 A and B. B reads “may have interfered with or whose horseman may have interfered with the progress or chances of any other horse from which it may have gained an advantage or whose chances or progress may have been affected thereby”. The key words, we believe under this rule pertaining to this protest were “whose chances or progress may have been affected thereby”.
----
Because Eastwood Pharaohs chances or progress may have been affected by the actions of the provisional winner Perfect Cullen when it ducked sharply in and made contact at what we believed was a crucial point in the race the protest was upheld and the placings amended accordingly to now read:
----
3 His Honour
--7 Eyes above the ground
--8 Ambro Winner
--9 Rolias
--2 Eastwood Pharaoh
--13 Perfect Cullen
----
--
T. W. Castles N. Moffatt and T. Utikere
--CHAIR Committee Members
--11808
----
--
--
--
--
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: 6632f22b8210ccb57b20af9299d12945
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/04/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Wairarapa HRC - 15 April 2010 - R 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: T W Taumanu
--Defendant: G Small - Trainer, D Butcher - Driver
--Information No: 11808 (instigating a protest)
--Meeting: Wairarapa HRC
--Date: 15 April 2010
--Venue: Palmerston North
--Race: 8
--Rule No: 869(8) A and B
--Judicial Committee: T Castles, Chairman – N Moffatt and T Utikere Committee Members
----
Following the running of Race 8, Christian Cullen Wairarapa Cup Handicap Pace, the siren sounded instigating a protest brought under Rule 869 8 A and B.
----
Rule 869 (8a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this rule and as (b) may have interfered with or whose horseman may have interfered with the progress or chances of any other horse or horses immediately after any horse from which it may have gained on advantage or whose chances or progress may have been affected thereby.
----
The provisional placings as called by the judge were:
----
13 Perfect Cullen
--3 His Honour
--7 Eyes about the ground
--8 Ambro Winger
--9 Rolias
--2 Eastwood Pharaoh
----
The protest concerns horse 2, ‘Eastwood Pharaoh’, placed 6th by the judge against horse 13 ‘Perfect Cullen’ placed 1st by the judge.
----
Mr. Taumanu showing the available films pointed out the incident at about the 200 metre mark. He commented that Mr. Butchers drive Perfect Cullen moved sharply inwards causing Mr. Dicksons drive Eastwood Pharaoh to break and lose momentum.
----
Mr. Dickson in answer to a question from Mr. Taumanu believed it did affect his chances of finishing in a higher placing. He lost 2 – 3 lengths. Mr Butchers came across and hit his horse’s legs. He believed he galloped for about 7 strides.
----
Mr. Butcher agreed his horse did move inwards and yes he did touch legs. He believed Mr. Dicksons horse only galloped for a couple of strides. Mr. Butcher felt his horse was travelling too well and he won easy.
----
Mr. Small agreed that contact was made but believed Eastwood Pharaoh had ample opportunity to finish in a better position. The best horse won, he stated.
----
Mr. Taumanu, Stipendiary Steward, felt the interference occurred at a crucial stage of the race. He believed the horse galloped for at least 4 strides and the interference suffered meant that momentum of the race was lost as he felt Eastwood Pharaoh was travelling well and in a position to mount a challenge in the run up the home straight.
----
Both Mr. Small and Mr. Butcher in summary concurred that the horse did move inwards and make contact with Mr. Dicksons horse. They both felt that Eastwood Pharaoh was not travelling well enough to advance its finishing position even after the interference and that the best horse won the race.
----
Decision and Reason:
----
During deliberations the films of the incident could not be viewed on the TV monitors because Trackside was showing the preliminaries for the next race.
----
In arriving at our decision, the committee carefully considered the evidence placed in front of us. The available films showed clearly that the provisional winner Perfect Cullen moved sharply inward and caused contact with Eastwood Pharaoh, this was not disputed by the connections. The argument from Perfect Cullen’s connections centred on the ease in which their horse won and the margins 1 ¼ length, Nk, Nk, 2 ¼ lengths. They believed strongly that their horse finished strongly to win, was in no danger of defeat and felt that Eastwood Pharaoh who was put off stride was never travelling well enough to mount a serious challenge, and improve its placing. Much of the comment from all parties concerned the amount of ground lost and the number of strides on breaking of Eastwood Pharaoh.
----
The committee is adamant that the number of strides was certainly more than the couple suggested by the connections of Perfect Cullen but not the 6 or 7 suggested by the driver of Eastwood Pharaoh Mr. Dickson. We tended to agree with Stipendiary Steward Taumanu that the horse broke for about four strides. We concur with Mr. Taumanu that it was at a crucial time in the race, the run up the home straight. Eastwood Pharaoh was travelling well and was perfectly entitled to be where he was.
----
We then addressed the arguments put forward by Perfect Cullen’s connections that theirs was the best horse in the race, it won with ease and it would be unfortunate if it could not hold the race.
----
The committee did consider the ease in which Perfect Cullen won and the margins but then revisited rule 869 8 A and B. B reads “may have interfered with or whose horseman may have interfered with the progress or chances of any other horse from which it may have gained an advantage or whose chances or progress may have been affected thereby”. The key words, we believe under this rule pertaining to this protest were “whose chances or progress may have been affected thereby”.
----
Because Eastwood Pharaohs chances or progress may have been affected by the actions of the provisional winner Perfect Cullen when it ducked sharply in and made contact at what we believed was a crucial point in the race the protest was upheld and the placings amended accordingly to now read:
----
3 His Honour
--7 Eyes above the ground
--8 Ambro Winner
--9 Rolias
--2 Eastwood Pharaoh
--13 Perfect Cullen
----
--
T. W. Castles N. Moffatt and T. Utikere
--CHAIR Committee Members
--11808
----
--
--
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(8) A and B
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: dbd5f45d7d1a11573f27a00afb494c17
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 119a5024cc2937f8a1dc72a4a601f3d5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/04/2010
meet_title: Wairarapa HRC - 15 April 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairarapa-hrc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Wairarapa HRC