Westport TC 26 December 2013 – R9 (Instigating a Protest)
ID: JCA12141
Meet Title:
Westport TC - 26 December 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/12/26
Race Number:
R9
Decision:
The protest was upheld. NAUGHTY MARAVU was disqualified.
Consequent upon the disqualification, the amended result for the race is as follows:
1st - 2 Mach Denario
2nd - 13 The Ultimate Storm
3rd - 10 Albuquerque
4th - 5 Colonel Custard
5th - 9 Wings of a Hero
It was ordered that dividends and stake monies be paid in accordance with that amended result.
Facts:
Following the running of Race 9, NZ Trotguide/Mark Jones Racing Stables Pace, an information instigating a protest was filed by Stipendiary Steward, S W Wallis, against NAUGHTY MARAVU (G D Smith), placed 2nd by the judge, on the ground that it interfered with the chances of TOUGH ENOUGH (M A Pash), which lost its driver, by running out and dislodging the driver of TOUGH ENOUGH.
Mr Smith was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing. He further indicated that the protest was not contested.
Rule 869 provides as follows:
(8) 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.
The judge’s placings were:
1st - 2 Mach Denario
2nd - 3 Naughty Maravu
3rd - 13 The Ultimate Storm
4th - 10 Albuquerque
5th - 5 Colonel Custard
Submissions for Decision:
Mr Wallis showed video replays of the relevant part of the race. He showed NAUGHTY MARAVU, driven by Mr Smith, leading the field as it approached the home turn. TOUGH ENOUGH (M A Pash) was racing outside the leader and MACH DENARIO (J R Dunn) was improving 3-wide. He pointed out NAUGHTY MARAVU run wide on the bend, forcing TOUGH ENOUGH to run wide and lock wheels with MACH DENARIO. As a result, Mr Pash was dislodged from the sulky. Mr Wallis submitted that, had NAUGHTY MARAVU maintained a proper course the interference would not have occurred.
NAUGHTY MARAVU finished in 2nd placing. Mr Wallis sought disqualification of the horse.
Reasons for Decision:
The interference in this case was very clear, as was confirmed by Mr Smith’s not contesting disqualification of the horse. The horse ran very wide on the home turn, forcing TOUGH ENOUGH wide and off its rightful line. That horse locked wheels with MACH DENARIO, resulting in its driver being dislodged from the sulky. TOUGH ENOUGH appeared to be travelling very well at the time and, of course, its chances were extinguished by the interference that it received from NAUGHTY MARAVU. MACH DENARIO also received interference but was able to recover and go on to win the race.
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: 377548700874a98ee08c5a783ece4a78
informantnumber: A1133
horsename: NAUGHTY MARAVU
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2013
hearing_title: Westport TC 26 December 2013 - R9 (Instigating a Protest)
charge:
facts:
Following the running of Race 9, NZ Trotguide/Mark Jones Racing Stables Pace, an information instigating a protest was filed by Stipendiary Steward, S W Wallis, against NAUGHTY MARAVU (G D Smith), placed 2nd by the judge, on the ground that it interfered with the chances of TOUGH ENOUGH (M A Pash), which lost its driver, by running out and dislodging the driver of TOUGH ENOUGH.
Mr Smith was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing. He further indicated that the protest was not contested.
Rule 869 provides as follows:
(8) 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.
The judge’s placings were:
1st - 2 Mach Denario
2nd - 3 Naughty Maravu
3rd - 13 The Ultimate Storm
4th - 10 Albuquerque
5th - 5 Colonel Custard
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed video replays of the relevant part of the race. He showed NAUGHTY MARAVU, driven by Mr Smith, leading the field as it approached the home turn. TOUGH ENOUGH (M A Pash) was racing outside the leader and MACH DENARIO (J R Dunn) was improving 3-wide. He pointed out NAUGHTY MARAVU run wide on the bend, forcing TOUGH ENOUGH to run wide and lock wheels with MACH DENARIO. As a result, Mr Pash was dislodged from the sulky. Mr Wallis submitted that, had NAUGHTY MARAVU maintained a proper course the interference would not have occurred.
NAUGHTY MARAVU finished in 2nd placing. Mr Wallis sought disqualification of the horse.
reasonsfordecision:
The interference in this case was very clear, as was confirmed by Mr Smith’s not contesting disqualification of the horse. The horse ran very wide on the home turn, forcing TOUGH ENOUGH wide and off its rightful line. That horse locked wheels with MACH DENARIO, resulting in its driver being dislodged from the sulky. TOUGH ENOUGH appeared to be travelling very well at the time and, of course, its chances were extinguished by the interference that it received from NAUGHTY MARAVU. MACH DENARIO also received interference but was able to recover and go on to win the race.
Decision:
The protest was upheld. NAUGHTY MARAVU was disqualified.
Consequent upon the disqualification, the amended result for the race is as follows:
1st - 2 Mach Denario
2nd - 13 The Ultimate Storm
3rd - 10 Albuquerque
4th - 5 Colonel Custard
5th - 9 Wings of a Hero
It was ordered that dividends and stake monies be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: G D Smith, Licensed Open Horseman
StipendSteward:
raceid: 0a4bb7c32d48f49aa3d7b7a30f681306
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dd19961760b2f5a23bf1f415cd7c8b29
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2013
meet_title: Westport TC - 26 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Westport TC