Archive Decision

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Westport TC 7 March 2014 – R 6 (instigating a protest)

ID: JCA15660

Applicant:
S Renault-Stipendiary Steward

Respondent(s):
J Curtin-Open Horseman

Information Number:
A6469

Hearing Type:
Protest

Rules:
869(8)

Meet Title:
Westport TC - 7 March 2014

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2014/03/07

Race Number:
R6

Decision:

The protest was dismissed with the judge's placings confirmed.

It was ordered that dividends and stakes be paid in accordance with that result.

Facts:

Following the running of Race 6, the Westport Motor Hotel Pace, an Information instigating a protest was filed by Stipendiary Steward Mr S Renault, alleging interference shortly after the start by OHOKA JETT, driven by Mr J Curtin, who finished in 1st place, to OHOKA ROYAL, driven by Mr K Cameron, who finished in 3rd place.

The Judge's placings in this race were as follows:

1st OHOKA JETT (12)
2nd TOUGH ENOUGH (9)
3rd OHOKA ROYAL (5)
4th TAITTINGER ROSE (8)
5th THINGAMAJIG (4)
6th BREENY’S SMILE (3)

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 OHOKA JETT were represented at this hearing by Open Horseman, Mr J Curtin with Mr K Cameron-Open Horseman representing the interests of OHOKA ROYAL.

Submissions for Decision:

Mr Renault gave evidence and showed the relevant films of the incident which occurred shortly after the start where OHOKA ROYAL, driven by Mr Cameron, was checked when racing between OHOKA JETT, driven by Mr Curtin, on the inside and TOUGH ENOUGH, driven by Mr Smith, on the outside. The Stewards alleged that the check was a result of an outward movement by Mr Curtin which put OHOKA ROYAL into restricted room and in turn caused him to break losing approximately 5 lengths. Mr Renault submitted that the initial interference and contact came from Mr Curtin’s horse by shifting out and putting OHOKA ROYAL in restricted room.

Mr Cameron stated that he was tightened for room between Mr Curtin and Mr Smith and felt that the tightening had come from both sides. He said that contact was made with Mr Curtin’s sulky which caused his horse to skip and lose a little ground. He estimated he may have lost approximately 2-3 lengths.

Mr Curtin stated that he had moved outwards minimally and was only trailing the runner ahead. He said there was no room for him to race anywhere else and that Mr Cameron was put into restricted room by the field shifting out slightly and Mr Smith shifting across shortly after the start when looking to settle into position. He pointed out on the films the lead horses shifting out slightly shortly after the start and his horse on the back of the horse immediately ahead. He also pointed out Mr Smith who was on an inward movement looking to settle closer to the pylons. He submitted that OHOKA JETT was not responsible for the interference and that he had no choice but to trail the horse immediately ahead as there was not enough racing room to do otherwise.

Reasons for Decision:

We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that OHOKA ROYAL had been tightened, checked and lost approximately 2-3 lengths when racing between OHOKA JETT and TOUGH ENOUGH. The Committee were not satisfied however that OHOKA JETT was totally responsible for the interference to OHOKA ROYAL. OHOKA JETT had moved outwards slightly just prior to the incident but this was the result of the field moving outwards and in conjunction with Mr Smith coming across to find a racing position put Mr Cameron’s horse into restricted room causing it to check and break briefly.

Taking all 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: c0f6b2b825e2e780844f321a16a3e2af


informantnumber: A6469


horsename: OHOKA JETT


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 10/03/2014


hearing_title: Westport TC 7 March 2014 - R 6 (instigating a protest)


charge:


facts:

Following the running of Race 6, the Westport Motor Hotel Pace, an Information instigating a protest was filed by Stipendiary Steward Mr S Renault, alleging interference shortly after the start by OHOKA JETT, driven by Mr J Curtin, who finished in 1st place, to OHOKA ROYAL, driven by Mr K Cameron, who finished in 3rd place.

The Judge's placings in this race were as follows:

1st OHOKA JETT (12)
2nd TOUGH ENOUGH (9)
3rd OHOKA ROYAL (5)
4th TAITTINGER ROSE (8)
5th THINGAMAJIG (4)
6th BREENY’S SMILE (3)

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 OHOKA JETT were represented at this hearing by Open Horseman, Mr J Curtin with Mr K Cameron-Open Horseman representing the interests of OHOKA ROYAL.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault gave evidence and showed the relevant films of the incident which occurred shortly after the start where OHOKA ROYAL, driven by Mr Cameron, was checked when racing between OHOKA JETT, driven by Mr Curtin, on the inside and TOUGH ENOUGH, driven by Mr Smith, on the outside. The Stewards alleged that the check was a result of an outward movement by Mr Curtin which put OHOKA ROYAL into restricted room and in turn caused him to break losing approximately 5 lengths. Mr Renault submitted that the initial interference and contact came from Mr Curtin’s horse by shifting out and putting OHOKA ROYAL in restricted room.

Mr Cameron stated that he was tightened for room between Mr Curtin and Mr Smith and felt that the tightening had come from both sides. He said that contact was made with Mr Curtin’s sulky which caused his horse to skip and lose a little ground. He estimated he may have lost approximately 2-3 lengths.

Mr Curtin stated that he had moved outwards minimally and was only trailing the runner ahead. He said there was no room for him to race anywhere else and that Mr Cameron was put into restricted room by the field shifting out slightly and Mr Smith shifting across shortly after the start when looking to settle into position. He pointed out on the films the lead horses shifting out slightly shortly after the start and his horse on the back of the horse immediately ahead. He also pointed out Mr Smith who was on an inward movement looking to settle closer to the pylons. He submitted that OHOKA JETT was not responsible for the interference and that he had no choice but to trail the horse immediately ahead as there was not enough racing room to do otherwise.


reasonsfordecision:

We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that OHOKA ROYAL had been tightened, checked and lost approximately 2-3 lengths when racing between OHOKA JETT and TOUGH ENOUGH. The Committee were not satisfied however that OHOKA JETT was totally responsible for the interference to OHOKA ROYAL. OHOKA JETT had moved outwards slightly just prior to the incident but this was the result of the field moving outwards and in conjunction with Mr Smith coming across to find a racing position put Mr Cameron’s horse into restricted room causing it to check and break briefly.

Taking all matters into account we decided that this protest should be dismissed.


Decision:

The protest was dismissed with the judge's 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: S Renault-Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: K Cameron-Open Horseman


Respondent: J Curtin-Open Horseman


StipendSteward:


raceid: 17b1ddcee87effed59d753d09c5d359a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 70504758fe1b516c56beee978d7d3999


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/03/2014


meet_title: Westport TC - 7 March 2014


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