NZ Metro TC 19 April 2013 – R 7 (instigating a protest)
ID: JCA11538
Meet Title:
NZ Metro TC - 19 April 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2013/04/19
Race Number:
R7
Decision:
The protest was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 7, "Gotta Go Cullen” Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, alleging that FRANCO NATTAI (B H Cusdin) placed 2nd by the judge, interfered with the chances of GIVETHEJOBTOBARNSY (J P Versteeg), placed 5th by the judge, in that “near the 1400 metres FRANCO NATTAI shifted outwards forcing GIVETHEJOBTOBARNSY to race wider on the track”.
Mr B H Cusdin, owner, trainer and driver of FRANCO NATTAI, was present at the hearing of the information.
Rule 869 provides as follows:
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forwards in line with or past its sulky wheel and until the wider runner going forward is fully past.
Submissions for Decision:
Mr Ydgren showed video replays of the relevant part of the race, with approximately 1400 metres to run. He pointed out GIVETHEJOBTOBARNSY, driven by Mr Versteeg, racing at the rear of the field at that point. Mr Cusdin, driving FRANCO NATTAI, was two places ahead in the one out, one back position. Mr Versteeg then improved 3-wide and Mr Cusdin improved outwards. For a brief period, Mr Versteeg raced 4-wide and remained 3-wide until leaving the back straight. GIVETHEJOBTOBARNSY finished in 5th placing, a nose from 4th.
Mr Ydgren said that it was “very close” from the Stewards’ perspective. He referred again to the videos and suggested that, at the point where Mr Versteeg’s horse got its nose outside of Mr Cusdin’s wheel, Mr Cusdin had already signalled his intention to shift outwards and, in the head-on video, he could be seen to have commenced the movement. There was “only a stride or two” in it, Mr Ydgren said, but the result was that Mr Versteeg had lost the opportunity to take up the position outside the leader that Mr Cusdin reached.
Mr Versteeg said that he had moved his horse out to go around the field intending to take up the parked position. He pointed out on the video replay where he had been moved out wider. He was able to get on Mr Cusdin’s back after a short distance but he was unable to go around and take up the parked position as intended. He suggested that this had cost him 4th placing but he was 15 lengths behind the 3rd horse. When questioned by the Committee, Mr Versteeg said he believed that Mr Cusdin was “just a fraction late” coming out. It took him 4 or 5 strides to ease back onto Mr Cusdin’s back, he said.
Mr Cusdin said that he had seen Mr Versteeg coming round and he had wanted to get out and get to the parked position before him. He submitted that there was enough time for him to come out and get in front of him. He believed that he had got out before Mr Versteeg got up to his sulky wheel. He accepted that it was close.
Reasons for Decision:
The essence of this protest was to determine whether or not the pushout Rule had been breached when FRANCO NATTAI was moved out of the running line to a 3-wide position with approximately 1400 metres to run – in other words, was GIVETHEJOBTOBARNSY forced to race 4-wide after its nose had been in line with or past the sulky wheel of FRANCO NATTAI. In determining this, the Committee was able to view video replays of the incident from a number of different camera angles and, of course, heard from Mr Ydgren and the two drivers concerned.
After considering all of that video evidence and the parol evidence, the Committee was not able to be satisfied that there had been a breach of the pushout Rule. All parties accepted that it was a very close decision as to whether Mr Cusdin had moved out in time as Mr Versteeg improved 3-wide. There was, clearly, sufficient doubt and the benefit of that doubt should go to FRANCO NATTAI.
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: 1ccdea122ecef85aa224d0e2bc9ef17f
informantnumber: A4998
horsename: Franco Nattai
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 21/04/2013
hearing_title: NZ Metro TC 19 April 2013 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, "Gotta Go Cullen” Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, alleging that FRANCO NATTAI (B H Cusdin) placed 2nd by the judge, interfered with the chances of GIVETHEJOBTOBARNSY (J P Versteeg), placed 5th by the judge, in that “near the 1400 metres FRANCO NATTAI shifted outwards forcing GIVETHEJOBTOBARNSY to race wider on the track”.
Mr B H Cusdin, owner, trainer and driver of FRANCO NATTAI, was present at the hearing of the information.
Rule 869 provides as follows:
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forwards in line with or past its sulky wheel and until the wider runner going forward is fully past.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed video replays of the relevant part of the race, with approximately 1400 metres to run. He pointed out GIVETHEJOBTOBARNSY, driven by Mr Versteeg, racing at the rear of the field at that point. Mr Cusdin, driving FRANCO NATTAI, was two places ahead in the one out, one back position. Mr Versteeg then improved 3-wide and Mr Cusdin improved outwards. For a brief period, Mr Versteeg raced 4-wide and remained 3-wide until leaving the back straight. GIVETHEJOBTOBARNSY finished in 5th placing, a nose from 4th.
Mr Ydgren said that it was “very close” from the Stewards’ perspective. He referred again to the videos and suggested that, at the point where Mr Versteeg’s horse got its nose outside of Mr Cusdin’s wheel, Mr Cusdin had already signalled his intention to shift outwards and, in the head-on video, he could be seen to have commenced the movement. There was “only a stride or two” in it, Mr Ydgren said, but the result was that Mr Versteeg had lost the opportunity to take up the position outside the leader that Mr Cusdin reached.
Mr Versteeg said that he had moved his horse out to go around the field intending to take up the parked position. He pointed out on the video replay where he had been moved out wider. He was able to get on Mr Cusdin’s back after a short distance but he was unable to go around and take up the parked position as intended. He suggested that this had cost him 4th placing but he was 15 lengths behind the 3rd horse. When questioned by the Committee, Mr Versteeg said he believed that Mr Cusdin was “just a fraction late” coming out. It took him 4 or 5 strides to ease back onto Mr Cusdin’s back, he said.
Mr Cusdin said that he had seen Mr Versteeg coming round and he had wanted to get out and get to the parked position before him. He submitted that there was enough time for him to come out and get in front of him. He believed that he had got out before Mr Versteeg got up to his sulky wheel. He accepted that it was close.
reasonsfordecision:
The essence of this protest was to determine whether or not the pushout Rule had been breached when FRANCO NATTAI was moved out of the running line to a 3-wide position with approximately 1400 metres to run – in other words, was GIVETHEJOBTOBARNSY forced to race 4-wide after its nose had been in line with or past the sulky wheel of FRANCO NATTAI. In determining this, the Committee was able to view video replays of the incident from a number of different camera angles and, of course, heard from Mr Ydgren and the two drivers concerned.
After considering all of that video evidence and the parol evidence, the Committee was not able to be satisfied that there had been a breach of the pushout Rule. All parties accepted that it was a very close decision as to whether Mr Cusdin had moved out in time as Mr Versteeg improved 3-wide. There was, clearly, sufficient doubt and the benefit of that doubt should go to FRANCO NATTAI.
Decision:
The protest was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(6)(b)&(c)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: J P Versteeg, Licensed Open Horseman
Respondent: B H Cusdin
StipendSteward:
raceid: fc980b784aa713c74b008dd878d840c6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6c11c0bfcf3c6d799f5716c5952c242d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/04/2013
meet_title: NZ Metro TC - 19 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC