Westport TC 28 December 2013 – R3 (instigating a protest)
ID: JCA16319
Meet Title:
Westport TC - 28 December 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/12/28
Race Number:
R3
Decision:
The protest was dismissed with the judges placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 3, the Club Buller Pace, an Information instigating a protest was filed by Stipendiary Steward Mr R Quirk, alleging interference by SOUNDS LIKE US (1), driven by Mr P Davis, who finished in 3rd place, to LUCY HOLMES (6), driven by Mr J Dunn, who finished in 4th place.
The Judges placings in this race were as follows.
1st - ROYAL FLIGHT (2)
2nd - MAJOR TALK (9)
3rd - SOUNDS LIKE US (1)
4th - LUCY HOLMES (6)
5th - SHARD DIEGO (3)
6th - SHINGTON LAD (4)
The Information reads as follows:
“That horse number 1, or its driver, placed 3rd by the Judge, interfered with the chances of horse number 6 as detailed below;
“SOUNDS LIKE US interfered with the chances of LUCY HOLMES over the concluding stages.”
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."
The connections of SOUNDS LIKE US were represented at this hearing by Open Horseman, Mr P Davis with Mr J Dunn-Open Horseman representing the interests of LUCY HOLMES.
Submissions for Decision:
Mr Quirk gave evidence and showed the relevant films of the incident which occurred shortly after the turn for home inside the 200m. Mr Quirk pointed out SOUNDS LIKE US racing in the lead with LUCY HOLMES in the trail. Mr Quirk showed SOUNDS LIKE US drift off the pylons and present a gap on the inner which LUCY HOLMES attempted to take advantage of. SOUNDS LIKE US began to drift back down to the pylons almost as soon as the gap presented itself effectively closing the gap and forcing LUCY HOLMES down and over several pylons. He said that LUCY HOLMES was entitled to the gap and that SOUNDS LIKE US had interfered with the chances of LUCY HOLMES in this incident. He said the official margin between 3rd and 4th was 1 length.
Mr Dunn stated that he observed SOUNDS LIKE US drift off on the point of the turn and present a gap momentarily on its inner. He instinctively went for the gap but as he was attempting to improve through it the gap began to close effectively forcing him down onto the pylons. Mr Dunn was unsure as to whether a full gap had presented itself for him to improve into. After viewing the films he conceded that there may have been enough room to improve albeit only momentarily as the gap began to close as soon as it was formed.
Mr Davis stated that SOUNDS LIKE US had shifted out momentarily on the home turn and that a gap may have presented itself on his inner albeit very briefly. He submitted that it was a 50/50 call as to whether there was ever a full gap for LUCY HOLMES to improve into.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that SOUNDS LIKE US had shifted out on the home turn and created space on its inner. This racing room was marginal in size and was only available momentarily as the gap began to close as soon as it was formed. The Committee were not satisfied that the momentary gap presented inside SOUNDS LIKE US was ever a full gap. We were satisfied that LUCY HOLMES had attempted to take advantage of this racing room but by the time the horse’s head and shoulders were in the gap there was no longer room to improve forcing LUCY HOLMES down over the markers.
Taking all the above matters into account we decided that this protest should be dismissed.
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: d92a07a9b09e40ff56b9b8ef67ccf42e
informantnumber: A1134
horsename: SOUNDS LIKE US
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2013
hearing_title: Westport TC 28 December 2013 - R3 (instigating a protest)
charge:
facts:
Following the running of Race 3, the Club Buller Pace, an Information instigating a protest was filed by Stipendiary Steward Mr R Quirk, alleging interference by SOUNDS LIKE US (1), driven by Mr P Davis, who finished in 3rd place, to LUCY HOLMES (6), driven by Mr J Dunn, who finished in 4th place.
The Judges placings in this race were as follows.
1st - ROYAL FLIGHT (2)
2nd - MAJOR TALK (9)
3rd - SOUNDS LIKE US (1)
4th - LUCY HOLMES (6)
5th - SHARD DIEGO (3)
6th - SHINGTON LAD (4)
The Information reads as follows:
“That horse number 1, or its driver, placed 3rd by the Judge, interfered with the chances of horse number 6 as detailed below;
“SOUNDS LIKE US interfered with the chances of LUCY HOLMES over the concluding stages.”
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."
The connections of SOUNDS LIKE US were represented at this hearing by Open Horseman, Mr P Davis with Mr J Dunn-Open Horseman representing the interests of LUCY HOLMES.
appealdecision:
isappeal:
submissionsfordecision:
Mr Quirk gave evidence and showed the relevant films of the incident which occurred shortly after the turn for home inside the 200m. Mr Quirk pointed out SOUNDS LIKE US racing in the lead with LUCY HOLMES in the trail. Mr Quirk showed SOUNDS LIKE US drift off the pylons and present a gap on the inner which LUCY HOLMES attempted to take advantage of. SOUNDS LIKE US began to drift back down to the pylons almost as soon as the gap presented itself effectively closing the gap and forcing LUCY HOLMES down and over several pylons. He said that LUCY HOLMES was entitled to the gap and that SOUNDS LIKE US had interfered with the chances of LUCY HOLMES in this incident. He said the official margin between 3rd and 4th was 1 length.
Mr Dunn stated that he observed SOUNDS LIKE US drift off on the point of the turn and present a gap momentarily on its inner. He instinctively went for the gap but as he was attempting to improve through it the gap began to close effectively forcing him down onto the pylons. Mr Dunn was unsure as to whether a full gap had presented itself for him to improve into. After viewing the films he conceded that there may have been enough room to improve albeit only momentarily as the gap began to close as soon as it was formed.
Mr Davis stated that SOUNDS LIKE US had shifted out momentarily on the home turn and that a gap may have presented itself on his inner albeit very briefly. He submitted that it was a 50/50 call as to whether there was ever a full gap for LUCY HOLMES to improve into.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that SOUNDS LIKE US had shifted out on the home turn and created space on its inner. This racing room was marginal in size and was only available momentarily as the gap began to close as soon as it was formed. The Committee were not satisfied that the momentary gap presented inside SOUNDS LIKE US was ever a full gap. We were satisfied that LUCY HOLMES had attempted to take advantage of this racing room but by the time the horse’s head and shoulders were in the gap there was no longer room to improve forcing LUCY HOLMES down over the markers.
Taking all the above matters into account we decided that this protest should be dismissed.
Decision:
The protest was dismissed with the judges placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: R Quirk - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: J Dunn-Open Horseman
Respondent: P Davis-Open Horseman
StipendSteward:
raceid: 377f876475c5bcb4e3bfc219d02ae634
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ab55e2d2a291d666ad11dbe284fc7cc8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2013
meet_title: Westport TC - 28 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Westport TC