Archive Decision

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Winton HRC 29 December 2010 – R10 (instigating a protest)

ID: JCA10858

Applicant:
Mr McIntyre

Respondent(s):
Mr Cox

Information Number:
13810

Hearing Type:
Protest

Rules:
869(8)(b)

Meet Title:
Winton HRC - 29 December 2010

Meet Chair:
Ghall

Meet Committee Member 1:
ADennis

Race Date:
2010/12/29

Race Number:
R10

Decision:

HOLLY PATRON has suffered interference as a consequence of JAMIE’S BOY straightening when the plugs were pulled and momentarily coming into the running line of HOLLY PATRON. HOLLY PATRON was squeezed for room, galloped and then fell after locking wheels. The chances and progress of HOLLY PATRON were clearly affected. We exercise our discretion, uphold the protest, and alter the judge’s placings. We authorise payment on final placings of:

1st BEAUDIENE BETTA (6)
2nd PHANTOM GRIN (13)
3rd ITSNEWSTOME (10)
4th ARDEN’S SOUTHEE (14)
5th CALVADOS (3)
6th BID SPOTTER

Facts:

Mr McIntyre, stipendiary steward, alleged that near the 350 metres JAMIE’S BOY (J Cox) shifted in onto HOLLY PATRON (Mr McLellan).

Judge’s placings were:
1st BEAUDIENE BETTA (6)
2nd PHANTOM GRIN (13)
3rd ITSNEWSTOME (10)
4th ARDEN’S SOUTHEE (14)
5th JAMIE’S BOY (9)
6th CALVADOS (3)

Submissions for Decision:

Mr McIntyre first called Mr McLellan to give evidence. He said HOLLY PATRON was one off the fence and JAMIE’S BOY was 2 off and immediately outside, although not quite level with HOLLY PATRON. HOLLY PATRON galloped and locked wheels with HARDIE BROMAC and he was tipped from the cart. He said he had got “squeezed up a bit”. When questioned by the Committee, he said this was the result of pressure from his outside. He did not believe the horse on his inner, although tiring, had shifted out. He was uncertain as to whether JAMIE’S BOY had come into direct contact with his horse.

Mr McIntyre then demonstrated on two video angles that JAMIE’S BOY had drifted in near the 350 metres. He pointed out that HOLLY PATRON was one off the fence and JAMIE’S BOY was 2 off immediately outside HOLLY PATRON. HOLLY PATRON galloped and locked wheels with HARDIE BROMAC and Mr McLellan was tipped from the cart. He said Mr Cox was looking down pulling the ear-plugs when JAMIE’S BOY drifted in slightly. He pointed out the horse on the fence was holding its line.

Mr Cox said his horse had been running out during the race. The horse had a rein pricker on the outside. Mr Cox said had been busy controlling the horse. He said the horse just drifted in or perhaps straightened a little when he looked down to pull the plugs. He acknowledged there had been contact at this time between his cart and the shoulder of HOLLY PATRON. He was aware that Mr McLellan was yelling for room but he was unable to relieve the pressure before the contact as JAMIE’S BOY was on a loose rein while he was pulling the plugs. 

Reasons for Decision:

The videos clearly demonstrate that HOLLY PATRON was one off the fence and JAMIE’S BOY was 2 off outside, and not quite level with, HOLLY PATRON. At the 350 metres mark and at the apex of the bend, HOLLY PATRON galloped and locked wheels with HARDIE BROMAC and Mr McLellan was tipped from the cart. The videos also show that HOLLY PATRON was racing in very tight quarters when this occurred.

Mr Cox has been very frank in his evidence. He has said JAMIE’S BOY was hanging throughout the race, and this is confirmed by the 2 video angles. He has said there was contact between HOLLY PATRON and his horse when JAMIE’S BOY drifted in as he was pulling the ear plugs. (He later described the horse as having straightened at this time, and we believe this is a more accurate description.)

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: 1595232dd2520dc32d8ac5bf903f44ec


informantnumber: 13810


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 31/12/2010


hearing_title: Winton HRC 29 December 2010 - R10 (instigating a protest)


charge:


facts:

Mr McIntyre, stipendiary steward, alleged that near the 350 metres JAMIE’S BOY (J Cox) shifted in onto HOLLY PATRON (Mr McLellan).

Judge’s placings were:
1st BEAUDIENE BETTA (6)
2nd PHANTOM GRIN (13)
3rd ITSNEWSTOME (10)
4th ARDEN’S SOUTHEE (14)
5th JAMIE’S BOY (9)
6th CALVADOS (3)


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre first called Mr McLellan to give evidence. He said HOLLY PATRON was one off the fence and JAMIE’S BOY was 2 off and immediately outside, although not quite level with HOLLY PATRON. HOLLY PATRON galloped and locked wheels with HARDIE BROMAC and he was tipped from the cart. He said he had got “squeezed up a bit”. When questioned by the Committee, he said this was the result of pressure from his outside. He did not believe the horse on his inner, although tiring, had shifted out. He was uncertain as to whether JAMIE’S BOY had come into direct contact with his horse.

Mr McIntyre then demonstrated on two video angles that JAMIE’S BOY had drifted in near the 350 metres. He pointed out that HOLLY PATRON was one off the fence and JAMIE’S BOY was 2 off immediately outside HOLLY PATRON. HOLLY PATRON galloped and locked wheels with HARDIE BROMAC and Mr McLellan was tipped from the cart. He said Mr Cox was looking down pulling the ear-plugs when JAMIE’S BOY drifted in slightly. He pointed out the horse on the fence was holding its line.

Mr Cox said his horse had been running out during the race. The horse had a rein pricker on the outside. Mr Cox said had been busy controlling the horse. He said the horse just drifted in or perhaps straightened a little when he looked down to pull the plugs. He acknowledged there had been contact at this time between his cart and the shoulder of HOLLY PATRON. He was aware that Mr McLellan was yelling for room but he was unable to relieve the pressure before the contact as JAMIE’S BOY was on a loose rein while he was pulling the plugs. 


reasonsfordecision:

The videos clearly demonstrate that HOLLY PATRON was one off the fence and JAMIE’S BOY was 2 off outside, and not quite level with, HOLLY PATRON. At the 350 metres mark and at the apex of the bend, HOLLY PATRON galloped and locked wheels with HARDIE BROMAC and Mr McLellan was tipped from the cart. The videos also show that HOLLY PATRON was racing in very tight quarters when this occurred.

Mr Cox has been very frank in his evidence. He has said JAMIE’S BOY was hanging throughout the race, and this is confirmed by the 2 video angles. He has said there was contact between HOLLY PATRON and his horse when JAMIE’S BOY drifted in as he was pulling the ear plugs. (He later described the horse as having straightened at this time, and we believe this is a more accurate description.)


Decision:

HOLLY PATRON has suffered interference as a consequence of JAMIE’S BOY straightening when the plugs were pulled and momentarily coming into the running line of HOLLY PATRON. HOLLY PATRON was squeezed for room, galloped and then fell after locking wheels. The chances and progress of HOLLY PATRON were clearly affected. We exercise our discretion, uphold the protest, and alter the judge’s placings. We authorise payment on final placings of:

1st BEAUDIENE BETTA (6)
2nd PHANTOM GRIN (13)
3rd ITSNEWSTOME (10)
4th ARDEN’S SOUTHEE (14)
5th CALVADOS (3)
6th BID SPOTTER


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)(b)


Informant: Mr McIntyre


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr Cox


StipendSteward:


raceid: fb909de40a1ad2701e11b80611bcd61a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e6d29976f9aaa5334f7d41555000914b


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/12/2010


meet_title: Winton HRC - 29 December 2010


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "Ghall", "Member": "", "OtherExpenses": "0", "KMs": "421", "Total": "261.02", "kmprice": 261.01999999999998, "Approved": "on"}]


meet_otherexp:


tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: Ghall


meet_pm1: ADennis


meet_pm2: none


name: Winton HRC