NZ Metro TC 12 November 2013 – R 5 (instigating a protest)
ID: JCA10762
Meet Title:
NZ Metro TC - 12 November 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/11/12
Race Number:
R5
Decision:
The protest was upheld and CYAMACH was relegated from 1st to 3rd. Consequent upon the relegation, the amended result for the race is as follows:
1st 7 Woodlea Legend
2nd 10 Captain Peacock
3rd 11 Cyamach
4th 4 Berlusconi
5th 12 El Fuego
It was ordered that dividends and stake monies be paid in accordance with that amended result.
Facts:
Following the running of Race 5, Fahey Fence Hire Handicap Pace, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, by CAPTAIN PEACOCK (M P Jones) placed 3rd by the judge, against CYAMACH (S D T Phelan), placed 1st by the judge, on the grounds that “CYAMACH broke and shifted down the track at the start interfering with CAPTAIN PEACOCK which broke and lost ground”.
Mr S D T Phelan, driver of CYAMACH, was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing. Mr Stockman, a representative of the owner, was also present.
Rule 869 provides as follows:
(8) 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 McIntyre showed all of the available video replays of the start of the race. He pointed out CAPTAIN PEACOCK, driven by Mr Jones, which had drawn 2 on 10 metres at the 2600 metres standing start race, and CYAMACH, driven by Mr Phelan, which had drawn outside it at barrier 3.
Mr McIntyre alleged that, just as the barrier tapes were released, CYAMACH shifted inwards on to CAPTAIN PEACOCK. He said that the latter was in a break when CYAMACH shifted in but the chances of it coming down into a pace were taken away due to the interference from CYAMACH. It continued on in a break for some distance.
Mr Jones said that he was back about a neck behind CYAMACH at the start. His horse had “bobbled” for a stride or two but CYAMACH had continued to come down on him for some distance. He had had to pull back, he said. Mr McIntyre submitted that CAPTAIN PEACOCK had lost 5 to 10 metres.
Mr Phelan stated that CAPTAIN PEACOCK had “missed away” for the first couple of strides after the start. The two runners had come together. He said that CAPTAIN PEACOCK had not settled, even after CYAMACH had run past it. When CYAMACH eventually settled, it settled behind CAPTAIN PEACOCK, Mr Phelan said.
Mr McIntyre confirmed that the relevant margins were a ½ length and a head. He showed the video replay of the final stages of the race.
Mr S J Stockman submitted that, at the start, CAPTAIN PEACOCK was out of position. It ran into CYAMACH and “checked itself”, he said, and he believed that this had contributed to CYAMACH breaking. Mr McIntyre responded that CAPTAIN PEACOCK had “stepped out for one stride” but the interference caused by CYAMACH was far greater. Mr Jones denied that he had caused any interference to CYAMACH.
Reasons for Decision:
The Committee found that, when the tapes were released, CYAMACH which had drawn immediately on the outside of CAPTAIN PEACOCK on the 10 metres, galloped, swung inwards and shifted down the track and, in doing so, caused interference to CAPTAIN PEACOCK on its inside. The latter runner had “bobbled” for a couple of strides but the interference from CYAMACH caused it to break quite badly and lose considerable ground before settling at the rear of the field. Mr McIntyre, conservatively in our view, estimated that CAPTAIN PEACOCK had lost 5 to 10 metres as a result of the interference. We were not prepared to find that CAPTAIN PEACOCK had broken and lost that ground of its own accord.
Mr Phelan submitted that CYAMACH had settled down behind CAPTAIN PEACOCK after breaking but, in the Committee’s view, this fact is irrelevant.
The Committee was satisfied that the chances or progress of CAPTAIN PEACOCK were clearly affected by the interference. In so finding, the Committee had regard to the amount of ground that it lost as a result of the interference and to the margins at the finish – a ½ length and a head from the winner, CYAMACH.
It was appropriate to relegate CYAMACH to 3rd placing and to promote CAPTAIN PEACOCK from 3rd to 2nd in the circumstances.
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: 0c54b3bddde59fe3fdce9a2012dcdc25
informantnumber: A1563
horsename: Cyamach
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 06/11/2013
hearing_title: NZ Metro TC 12 November 2013 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, Fahey Fence Hire Handicap Pace, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, by CAPTAIN PEACOCK (M P Jones) placed 3rd by the judge, against CYAMACH (S D T Phelan), placed 1st by the judge, on the grounds that “CYAMACH broke and shifted down the track at the start interfering with CAPTAIN PEACOCK which broke and lost ground”.
Mr S D T Phelan, driver of CYAMACH, was present at the hearing of the information and he indicated that he was representing the connections of that horse at the protest hearing. Mr Stockman, a representative of the owner, was also present.
Rule 869 provides as follows:
(8) 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 McIntyre showed all of the available video replays of the start of the race. He pointed out CAPTAIN PEACOCK, driven by Mr Jones, which had drawn 2 on 10 metres at the 2600 metres standing start race, and CYAMACH, driven by Mr Phelan, which had drawn outside it at barrier 3.
Mr McIntyre alleged that, just as the barrier tapes were released, CYAMACH shifted inwards on to CAPTAIN PEACOCK. He said that the latter was in a break when CYAMACH shifted in but the chances of it coming down into a pace were taken away due to the interference from CYAMACH. It continued on in a break for some distance.
Mr Jones said that he was back about a neck behind CYAMACH at the start. His horse had “bobbled” for a stride or two but CYAMACH had continued to come down on him for some distance. He had had to pull back, he said. Mr McIntyre submitted that CAPTAIN PEACOCK had lost 5 to 10 metres.
Mr Phelan stated that CAPTAIN PEACOCK had “missed away” for the first couple of strides after the start. The two runners had come together. He said that CAPTAIN PEACOCK had not settled, even after CYAMACH had run past it. When CYAMACH eventually settled, it settled behind CAPTAIN PEACOCK, Mr Phelan said.
Mr McIntyre confirmed that the relevant margins were a ½ length and a head. He showed the video replay of the final stages of the race.
Mr S J Stockman submitted that, at the start, CAPTAIN PEACOCK was out of position. It ran into CYAMACH and “checked itself”, he said, and he believed that this had contributed to CYAMACH breaking. Mr McIntyre responded that CAPTAIN PEACOCK had “stepped out for one stride” but the interference caused by CYAMACH was far greater. Mr Jones denied that he had caused any interference to CYAMACH.
reasonsfordecision:
The Committee found that, when the tapes were released, CYAMACH which had drawn immediately on the outside of CAPTAIN PEACOCK on the 10 metres, galloped, swung inwards and shifted down the track and, in doing so, caused interference to CAPTAIN PEACOCK on its inside. The latter runner had “bobbled” for a couple of strides but the interference from CYAMACH caused it to break quite badly and lose considerable ground before settling at the rear of the field. Mr McIntyre, conservatively in our view, estimated that CAPTAIN PEACOCK had lost 5 to 10 metres as a result of the interference. We were not prepared to find that CAPTAIN PEACOCK had broken and lost that ground of its own accord.
Mr Phelan submitted that CYAMACH had settled down behind CAPTAIN PEACOCK after breaking but, in the Committee’s view, this fact is irrelevant.
The Committee was satisfied that the chances or progress of CAPTAIN PEACOCK were clearly affected by the interference. In so finding, the Committee had regard to the amount of ground that it lost as a result of the interference and to the margins at the finish – a ½ length and a head from the winner, CYAMACH.
It was appropriate to relegate CYAMACH to 3rd placing and to promote CAPTAIN PEACOCK from 3rd to 2nd in the circumstances.
Decision:
The protest was upheld and CYAMACH was relegated from 1st to 3rd. Consequent upon the relegation, the amended result for the race is as follows:
1st 7 Woodlea Legend
2nd 10 Captain Peacock
3rd 11 Cyamach
4th 4 Berlusconi
5th 12 El Fuego
It was ordered that dividends and stake monies be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S J Stockman, Owner's Representative
Respondent: S D T Phelan, Licensed Open Horseman
StipendSteward:
raceid: 0fb6a5e061f21f34dbbf5ff7218c18ad
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 60e8d3089eb6259acf8a22879bf584c6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/11/2013
meet_title: NZ Metro TC - 12 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC