Winton HRC 15 March 2014 – R11 (instigating a protest)
ID: JCA10688
Meet Title:
Winton HRC - 15 March 2014
Meet Chair:
PKnowles
Meet Committee Member 1:
NSkelt
Race Date:
2014/03/15
Race Number:
R11
Decision:
As Bettor’s Brigadier was pulled up and did not finish, The Wrath Of Robyn is disqualified from 1st placing.
The official placings are now:
[1] Belkmyster 1st
[4] Canardly Lover 2nd
[10] Vi Et Animo 3rd
[3] Robyn’s Raider 4th.
Facts:
Following the running of Race# 11 the Winton Business Cup Discretionary Handicap Pace, Stipendiary Steward Mr CJ Allison lodged and information alleging the 1st placed horse The Wrath Of Robyn (CR Ferguson) interfered with the chances of Bettor’s Brigadier (SP Walkinshaw). The information alleged that …The Wrath Of Robyn contacted the wheel of Bettor’s Brigade and as a result was pulled up…
The official judge's placings are:
[8] The Wrath of Robyn 1st
[1] Belkmyster 2nd
[4] Canardly Lover 3rd
[10] Vi Et Animo 4th
[3] Robyn’s Raider 5th
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.
Submissions for Decision:
Mr Allison, with the use of the videos, stated that after approx. 400m the field had settled with the first six horses in single file. The Wrath of Robyn was trailing the fifth horse Bettor’s Brigadier. Approaching the 2700m mark The Wrath of Robyn was observed to shift off the trailing position to a one out position. In doing so, The Wrath of Robyn struck the outside sulky wheel of Bettor’s Brigadier causing the tyre to deflate. Mr Walkinshaw, shortly after the incident, was seen to take his horse clear of the pole line and the field and retire Bettor’s Brigadier from the race. A steward’s inquiry immediately after the race found that the outside sulky tyre of Bettor’s Brigadier had been punctured.
Mr Allison further stated that prior to the incident he observed Mr Ferguson looking to his right and behind him. He acknowledged there was an easing of the pace by Robyn’s Raider (JR Dunn) but none of the trailing runners Kid Galahad (RT May), Canardly Lover (AFH Hunter), Billy The Bus (CJ Barron) or Bettor’s Brigade were unduly affected by the pace being eased. However, it was up to the committee to decide if the incident was due to the easing of pace, the horse's manners or the driving of Mr Ferguson.
Mr Walkinshaw stated there had been an easing of the pace prior to the incident, but it was not significant. He stated his wheel had been struck and deflated almost immediately. He had taken the opportunity to take his horse clear of the field while he had an opportunity to do so. He did not believe he could have continued on in the race with a punctured tyre.
Mr Williamson, representing Mr Ferguson, stated the incident was solely due to the easing of the pace by Mr Dunn’s horse and the concertina effect of that easing of the pace coming back through the field. He said the concertina affect became more pronounced as it flowed back through the field and that The Wrath Of Robyn had suffered interference due to it. This had caused The Wrath Of Robyn to shift outwards and in the process had struck the sulky wheel of Bettor’s Brigadier. He did not believe the incident was due to the horse or Mr Ferguson.
Mr Ferguson stated he had looked to his side and behind to see if any runners were improving. He did not want to be caught buried midfield. He stated it was the easing of the pace which had caused his horse to strike the wheel of Bettor’s Brigadier.
Mr Dunn stated that after the initial sprint from the start he found himself in front and as they entered the first bend his horse had eased on its own accord. He showed on the videos where he had shaken the reins at the horse to try and maintain a steady pace. He further stated that at that point the pace was no quicker than work out speed. This had caused a concertina affect to shift back through the field.
Reasons for Decision:
After considering the verbal evidence and viewing the videos of the incident the committee was satisfied that The Wrath Of Robyn struck the outside sulky wheel of Bettor’s Brigadier due the actions of its driver Mr Ferguson. While the committee acknowledged there was an easing of the pace by forward runners, it was not significant enough to be the sole cause of the incident. We find that Mr Ferguson was not paying attention to forward runners and as a result his lack of care caused his horse to strike the wheel of the forward runner.
As a result, the chances of Bettor’s Brigadier competing on an equal basis with all other runners in the field was compromised and Mr Walkinshaw retired Bettor’s Brigadier from the event. We find that the chances of Bettor’s Brigadier were affected and the Protest against 1st placing is upheld.
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: 082058bac6196980bde2b81911fc4b06
informantnumber: A1727
horsename: The Wrath Of Robyn
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2014
hearing_title: Winton HRC 15 March 2014 - R11 (instigating a protest)
charge:
facts:
Following the running of Race# 11 the Winton Business Cup Discretionary Handicap Pace, Stipendiary Steward Mr CJ Allison lodged and information alleging the 1st placed horse The Wrath Of Robyn (CR Ferguson) interfered with the chances of Bettor’s Brigadier (SP Walkinshaw). The information alleged that …The Wrath Of Robyn contacted the wheel of Bettor’s Brigade and as a result was pulled up…
The official judge's placings are:
[8] The Wrath of Robyn 1st
[1] Belkmyster 2nd
[4] Canardly Lover 3rd
[10] Vi Et Animo 4th
[3] Robyn’s Raider 5th
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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison, with the use of the videos, stated that after approx. 400m the field had settled with the first six horses in single file. The Wrath of Robyn was trailing the fifth horse Bettor’s Brigadier. Approaching the 2700m mark The Wrath of Robyn was observed to shift off the trailing position to a one out position. In doing so, The Wrath of Robyn struck the outside sulky wheel of Bettor’s Brigadier causing the tyre to deflate. Mr Walkinshaw, shortly after the incident, was seen to take his horse clear of the pole line and the field and retire Bettor’s Brigadier from the race. A steward’s inquiry immediately after the race found that the outside sulky tyre of Bettor’s Brigadier had been punctured.
Mr Allison further stated that prior to the incident he observed Mr Ferguson looking to his right and behind him. He acknowledged there was an easing of the pace by Robyn’s Raider (JR Dunn) but none of the trailing runners Kid Galahad (RT May), Canardly Lover (AFH Hunter), Billy The Bus (CJ Barron) or Bettor’s Brigade were unduly affected by the pace being eased. However, it was up to the committee to decide if the incident was due to the easing of pace, the horse's manners or the driving of Mr Ferguson.
Mr Walkinshaw stated there had been an easing of the pace prior to the incident, but it was not significant. He stated his wheel had been struck and deflated almost immediately. He had taken the opportunity to take his horse clear of the field while he had an opportunity to do so. He did not believe he could have continued on in the race with a punctured tyre.
Mr Williamson, representing Mr Ferguson, stated the incident was solely due to the easing of the pace by Mr Dunn’s horse and the concertina effect of that easing of the pace coming back through the field. He said the concertina affect became more pronounced as it flowed back through the field and that The Wrath Of Robyn had suffered interference due to it. This had caused The Wrath Of Robyn to shift outwards and in the process had struck the sulky wheel of Bettor’s Brigadier. He did not believe the incident was due to the horse or Mr Ferguson.
Mr Ferguson stated he had looked to his side and behind to see if any runners were improving. He did not want to be caught buried midfield. He stated it was the easing of the pace which had caused his horse to strike the wheel of Bettor’s Brigadier.
Mr Dunn stated that after the initial sprint from the start he found himself in front and as they entered the first bend his horse had eased on its own accord. He showed on the videos where he had shaken the reins at the horse to try and maintain a steady pace. He further stated that at that point the pace was no quicker than work out speed. This had caused a concertina affect to shift back through the field.
reasonsfordecision:
After considering the verbal evidence and viewing the videos of the incident the committee was satisfied that The Wrath Of Robyn struck the outside sulky wheel of Bettor’s Brigadier due the actions of its driver Mr Ferguson. While the committee acknowledged there was an easing of the pace by forward runners, it was not significant enough to be the sole cause of the incident. We find that Mr Ferguson was not paying attention to forward runners and as a result his lack of care caused his horse to strike the wheel of the forward runner.
As a result, the chances of Bettor’s Brigadier competing on an equal basis with all other runners in the field was compromised and Mr Walkinshaw retired Bettor’s Brigadier from the event. We find that the chances of Bettor’s Brigadier were affected and the Protest against 1st placing is upheld.
Decision:
As Bettor’s Brigadier was pulled up and did not finish, The Wrath Of Robyn is disqualified from 1st placing.
The official placings are now:
[1] Belkmyster 1st
[4] Canardly Lover 2nd
[10] Vi Et Animo 3rd
[3] Robyn’s Raider 4th.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8) (b)
Informant: Mr C J Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr A Cross - Trainer (The Wrath Of Robyn), Mr DS McLachlan - Licensed Trainer (Bettor's Brigadier)
Respondent: Mr CR Ferguson - Junior Horseman (The Wrath Of Robyn), Mr NP Williamson - Senior Horseman - Assisting Mr Ferguson, Mr SP Walkinshaw - Senior Horseman (Bettor's Brigadier), Mr JR Dunn - Senior Horseman (Robyn's Raider)
StipendSteward:
raceid: c39edf6a709bd27e6bea728ea3179224
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4f1641ba43bddf01fd9486f4d6e2db2f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/03/2014
meet_title: Winton HRC - 15 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: NSkelt
meet_pm2: none
name: Winton HRC