Wairio TC 20 October 2013 – R 2 (instigating a protest)
ID: JCA14375
Meet Title:
Wairio TC - 20 October 2013
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2013/10/20
Race Number:
R 2
Decision:
We are satisfied there was interference to OUR BUDD as a consequence of a breach of r 869(8)(a) and (b) and Passing Lane Regulation (4). The issue is whether to exercise our discretion to relegate CONTINENTAL BOY behind OUR BUDD. We find that the chances and progress of OUR BUDD were affected at a crucial stage of the race when it was blocked from continuing to take a passing lane run. OUR BUDD had lost momentum some 150 to 200 metres from the winning post and considering that the horse is a maiden trotter it had finished on solidly again once it had clear racing room. The horse made up a length on CONTINENTAL BOY over a very short distance before running on at the same speed as CONTINENTAL BOY over the last 30 metres. In upholding the protest, we have regard to the fact that the winning margin was 1/2 length, and are satisfied that, at a conservative estimate, OUR BUDD lost over a length as a consequence of being denied a run when CONTINENTAL BOY ducked into the passing lane.
Amended placings are:
1ST 7 OUR BUDD
2ND 9 CONTINENTAL BOY
3RD 3 EUROMAXX
4TH 4 MAKAREWA RICK
Stakes and dividends are to be paid accordingly.
Facts:
At the conclusion of Race 2, the Goodman Plumbing Trot, an information was lodged by Mr Wallis under 869(8)(a) and (b) alleging interference when the leading horse CONTINENTAL BOY (S Kelly) shifted into the passing lane and did not allow full access to OUR BUDD (A Beck).
Judge’s placings were:
1ST 7 CONTINENTAL BOY
2ND 9 OUR BUDD
3RD 3 EUROMAXX
4TH 4 MAKAREWA RICK
The official margin between 1st and 2nd was 1/2 a length.
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 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.
Para (4) of the Passing lane Regulations provides:
In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
Submissions for Decision:
Mr Wallis demonstrated on the head and side-on videos that some time after straightening CONTINENTAL BOY, which had lead into the home straight, ducked into the passing lane. Mr Beck, who had trailed CONTINENTAL BOY into the straight, had taken the run in the passing lane that had been presented to him. However, Mr Beck ran out of room and was forced to take hold of his horse before eventually gaining full access again to the passing lane and being able to drive his horse out. Mr Wallis emphasised that his view there was a clear breach of 869(8)(a) and (b) and Passing Lane Regulation (4) in that Mr Beck had been denied full access to the passing lane and had only got going again late in the run home. He stated the margin between 1st and 2nd was only 1/2 a length.
In giving evidence, Mr Beck stated that his horse had been laying in and that was why he had elected to take the passing lane. He said CONTINENTAL BOY had ducked into the passing lane and he had had to take a hold. He said he yelled out to Mr Kelly who he had then pulled CONTINENTAL BOY out of the passing lane. He said his chances were clearly affected and that he had lost significant ground although he was not certain he would have won the race. He said he had lost momentum and, with OUR BUDD being a maiden trotter, it took some time for the horse to pick itself up and get running again. He said it was only in the last 100 metres or so that he had got a clear run.
Mr Kelly accepted CONTINENTAL BOY had ducked into the passing lane and that OUR BUDD had lost momentum as a consequence. However, so had CONTINENTAL BOY, he emphasised. He said CONTINENTAL BOY was an immature horse and had also taken time to get going again. When questioned by the committee, he said he did not believe Mr Beck would have beaten him had there not been interference. He thought CONTINENTAL BOY was holding OUR BUDD on the line.
Reasons for Decision:
Mr Beck, who had trailed the leading horse CONTINENTAL BOY into the home straight, took the run that was he was entitled to take in the passing lane. He was forced to take hold of his horse OUR BUDD and lost momentum as a consequence of CONTINENTAL BOY ducking into the passing lane not long after the horses had entered the home straight. Once Mr Kelly pulled CONTINENTAL BOY out of the passing lane, Mr Beck was again able to again drive his horse out.
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: 7bbe6080e45cf86c2f000ac8e7b744dc
informantnumber: A1898
horsename: CONTINENTAL BOY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/10/2013
hearing_title: Wairio TC 20 October 2013 - R 2 (instigating a protest)
charge:
facts:
At the conclusion of Race 2, the Goodman Plumbing Trot, an information was lodged by Mr Wallis under 869(8)(a) and (b) alleging interference when the leading horse CONTINENTAL BOY (S Kelly) shifted into the passing lane and did not allow full access to OUR BUDD (A Beck).
Judge’s placings were:
1ST 7 CONTINENTAL BOY
2ND 9 OUR BUDD
3RD 3 EUROMAXX
4TH 4 MAKAREWA RICK
The official margin between 1st and 2nd was 1/2 a length.
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 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.
Para (4) of the Passing lane Regulations provides:
In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis demonstrated on the head and side-on videos that some time after straightening CONTINENTAL BOY, which had lead into the home straight, ducked into the passing lane. Mr Beck, who had trailed CONTINENTAL BOY into the straight, had taken the run in the passing lane that had been presented to him. However, Mr Beck ran out of room and was forced to take hold of his horse before eventually gaining full access again to the passing lane and being able to drive his horse out. Mr Wallis emphasised that his view there was a clear breach of 869(8)(a) and (b) and Passing Lane Regulation (4) in that Mr Beck had been denied full access to the passing lane and had only got going again late in the run home. He stated the margin between 1st and 2nd was only 1/2 a length.
In giving evidence, Mr Beck stated that his horse had been laying in and that was why he had elected to take the passing lane. He said CONTINENTAL BOY had ducked into the passing lane and he had had to take a hold. He said he yelled out to Mr Kelly who he had then pulled CONTINENTAL BOY out of the passing lane. He said his chances were clearly affected and that he had lost significant ground although he was not certain he would have won the race. He said he had lost momentum and, with OUR BUDD being a maiden trotter, it took some time for the horse to pick itself up and get running again. He said it was only in the last 100 metres or so that he had got a clear run.
Mr Kelly accepted CONTINENTAL BOY had ducked into the passing lane and that OUR BUDD had lost momentum as a consequence. However, so had CONTINENTAL BOY, he emphasised. He said CONTINENTAL BOY was an immature horse and had also taken time to get going again. When questioned by the committee, he said he did not believe Mr Beck would have beaten him had there not been interference. He thought CONTINENTAL BOY was holding OUR BUDD on the line.
reasonsfordecision:
Mr Beck, who had trailed the leading horse CONTINENTAL BOY into the home straight, took the run that was he was entitled to take in the passing lane. He was forced to take hold of his horse OUR BUDD and lost momentum as a consequence of CONTINENTAL BOY ducking into the passing lane not long after the horses had entered the home straight. Once Mr Kelly pulled CONTINENTAL BOY out of the passing lane, Mr Beck was again able to again drive his horse out.
Decision:
We are satisfied there was interference to OUR BUDD as a consequence of a breach of r 869(8)(a) and (b) and Passing Lane Regulation (4). The issue is whether to exercise our discretion to relegate CONTINENTAL BOY behind OUR BUDD. We find that the chances and progress of OUR BUDD were affected at a crucial stage of the race when it was blocked from continuing to take a passing lane run. OUR BUDD had lost momentum some 150 to 200 metres from the winning post and considering that the horse is a maiden trotter it had finished on solidly again once it had clear racing room. The horse made up a length on CONTINENTAL BOY over a very short distance before running on at the same speed as CONTINENTAL BOY over the last 30 metres. In upholding the protest, we have regard to the fact that the winning margin was 1/2 length, and are satisfied that, at a conservative estimate, OUR BUDD lost over a length as a consequence of being denied a run when CONTINENTAL BOY ducked into the passing lane.
Amended placings are:
1ST 7 OUR BUDD
2ND 9 CONTINENTAL BOY
3RD 3 EUROMAXX
4TH 4 MAKAREWA RICK
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a) and (b); Passing Lane Regulations (4)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Kelly - Open Horseman and Driver of CONTINENTAL BOY, Mr A Beck - Open Horseman and Driver of OUR BUDD
Respondent: Mr S Kelly - Open Horseman and Driver of CONTINENTAL BOY
StipendSteward:
raceid: 6320272fc0ea7177fe3eb5b92cd320fe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2d0b322649b0a16eab09896361932900
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/10/2013
meet_title: Wairio TC - 20 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairio-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Wairio TC