Wyndham HRC 6 January 2015 – R 1 (instigating a protest)
ID: JCA15211
Meet Title:
Wyndham HRC - 6 January 2015
Meet Chair:
NSkelt
Meet Committee Member 1:
GHall
Race Date:
2015/01/06
Race Number:
R 1
Decision:
The protest was upheld and Miri was relegated from 3rd place to 10th place behind Kate Dawn.
Consequent upon the relegation the amended result for the race is as follows
1st - Tehoro Holly (6) R Holmes
2nd - Ruby’s Jewel (5) B Wallace
3rd - Hope and Pray (3) M Williamson
4th - Denn Nee Nose Best (7) E Swain
It was ordered that dividends and stakes be paid in accordance with the amended result.
Facts:
At the conclusion of Race 1 The Top Line Fencing Ltd Handicap Trot a protest was lodged by Stipendiary Steward, Mr S Renault, into the third placed horse by the judge MIRI (D O’Connell) under rule 869(a)(b) alleging with approximately 1800 metres to run MIRI shifted into the passing lane and improved his position.
The rule reads 869(a) (b)
(a) “placed horse” means a horse placed by the Judge 1st, 2nd, 3rd, 4th, or 5th;
(b) “Interference” means any conduct referred to in rule 869 which interferes or is likely to interfere with the progress of any horse in a race.
Official Judges Placings
1st - Tehoro Holly (6) R Holmes
2nd - Ruby’s Jewell (5) B Wallace
3rd - Miri (10) D O’Connell
4th - Hope and Pray (3) M Williamson
5th - Denn Nee Nose Best (7) E Swain
Official Margins Nose, 16 ¼ lengths
Submissions for Decision:
Stipendiary Steward, Mr Renault showed several video clips of the alleged incident highlighting the inward movement of MIRI driven by Mr O’Connell when taking the passing lane in the front straight on the first occasion.
Mr Renault stated that KATIE DAWN driven by Mr Kyle was three back on the running rail however due to Mr O’Connell’s inside movement
Mr Kyle’s horse became four back on the fence losing his position.
Mr Kyle stated that he was “surprised” Mr O’Connell had moved down into the passing lane as he was aware that you “didn’t do that”.
Mr Kyle said that as a result of the incident MIRI had improved his position to be in front of him, three back on the fence, and he was four back.
Mr O’Connell stated that he thought Mr Kyle was drifting outwards and that is why he moved inside, however he had made an error of judgement.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The committee was satisfied that MIRI had gained a clear advantage by moving into the passing lane when it was not entitled to.
Mr Kyle's horse KATIE DAWN had lost its position as a result.
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: 76d9bb18da882a95bcd60c46a99b166b
informantnumber: A4404
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 29/12/2014
hearing_title: Wyndham HRC 6 January 2015 - R 1 (instigating a protest)
charge:
facts:
At the conclusion of Race 1 The Top Line Fencing Ltd Handicap Trot a protest was lodged by Stipendiary Steward, Mr S Renault, into the third placed horse by the judge MIRI (D O’Connell) under rule 869(a)(b) alleging with approximately 1800 metres to run MIRI shifted into the passing lane and improved his position.
The rule reads 869(a) (b)
(a) “placed horse” means a horse placed by the Judge 1st, 2nd, 3rd, 4th, or 5th;
(b) “Interference” means any conduct referred to in rule 869 which interferes or is likely to interfere with the progress of any horse in a race.
Official Judges Placings
1st - Tehoro Holly (6) R Holmes
2nd - Ruby’s Jewell (5) B Wallace
3rd - Miri (10) D O’Connell
4th - Hope and Pray (3) M Williamson
5th - Denn Nee Nose Best (7) E Swain
Official Margins Nose, 16 ¼ lengths
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward, Mr Renault showed several video clips of the alleged incident highlighting the inward movement of MIRI driven by Mr O’Connell when taking the passing lane in the front straight on the first occasion.
Mr Renault stated that KATIE DAWN driven by Mr Kyle was three back on the running rail however due to Mr O’Connell’s inside movement
Mr Kyle’s horse became four back on the fence losing his position.
Mr Kyle stated that he was “surprised” Mr O’Connell had moved down into the passing lane as he was aware that you “didn’t do that”.
Mr Kyle said that as a result of the incident MIRI had improved his position to be in front of him, three back on the fence, and he was four back.
Mr O’Connell stated that he thought Mr Kyle was drifting outwards and that is why he moved inside, however he had made an error of judgement.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The committee was satisfied that MIRI had gained a clear advantage by moving into the passing lane when it was not entitled to.
Mr Kyle's horse KATIE DAWN had lost its position as a result.
Decision:
The protest was upheld and Miri was relegated from 3rd place to 10th place behind Kate Dawn.
Consequent upon the relegation the amended result for the race is as follows
1st - Tehoro Holly (6) R Holmes
2nd - Ruby’s Jewel (5) B Wallace
3rd - Hope and Pray (3) M Williamson
4th - Denn Nee Nose Best (7) E Swain
It was ordered that dividends and stakes be paid in accordance with the amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(a)(b)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr D O'Connell - Trainer/Driver of MIRI
Respondent:
StipendSteward:
raceid: 0074559c0c1137552e6e374af4eb17cc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1d5937cea923325607a5e17e1aca467c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/01/2015
meet_title: Wyndham HRC - 6 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: GHall
meet_pm2: none
name: Wyndham HRC