NZ Metro TC 16 May 2014 – R 10 (instigating a protest)
ID: JCA11664
Meet Title:
NZ Metro TC - 16 May 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/05/16
Race Number:
R10
Decision:
The protest was dismissed and it was ordered that dividends and stakes be paid in accordance with the judge’s official placings as above.
Facts:
Following the running of Race 10, Garrards Sires’ Stakes Series No.31 Two-Year-Old Final (Group 1), an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against ART UNION (D J Dunn), placed 2nd by the judge, on behalf of MIGHTY FLYING MAJOR (K M Barron), placed 7th by the judge, on the ground that “in the final stages ART UNION shifted outwards and checked MIGHTY FLYING MAJOR which broke and lost ground”.
The judge’s official placings were as follows:
1st 10 Hug The Wind
2nd 1 Art Union
3rd 2 Say My Name
4th 8 Express Stride
5th 9 Smoke N Santanna
Mr Dunn was present at the hearing of the information, and he indicated that he was representing the connections of ART UNION at the protest hearing. Also present at the hearing were Mr C T Dalgety, trainer of ART UNION, Mr K M Barron, driver of MIGHTY FLYING MAJOR and Mr S R Thompson of Thompson Bloodstock Limited, owner of MIGHTY FLYING MAJOR.
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 a side-on video replay of the final 200 metres of the race. He said that, passing the 100 metres, Mr Dunn was established in a gap outside of CHACHINGCHACHING (S J Lawson). Immediately outside of Mr Dunn was MIGHTY FLYING MAJOR, driven by Mr Barron. As the field progressed to the finish, Mr Dunn reached down to activate his horse’s sliding blinds. It appeared that his horse had reacted to this and “veered out sharply” and, as a result, Mr Barron had to take hold of his horse, Mr McIntyre said. It appeared that there was contact with Mr Dunn and his horse broke. He submitted that Mr Barron was fighting out 3rd placing at that point and that his horse’s chances had been affected. It finished in 7th placing, Mr McIntyre said. Mr McIntyre also showed head-on and rear-on video replays.
In response to a question from the Committee, Mr McIntyre stated that it was his belief that the breaking of MIGHTY FLYING MAJOR had occurred approximately 30 metres from the finishing line.
Mr Barron said that his horse was on one rein and running in, but he was trying to maintain its line. This was apparent from the video replays. He thought he was going to run 3rd, he said. He later said that, after viewing the video replay, he believed that he had kept “a pretty straight line”.
Mr Dunn asked the Committee to look at the distance between the inside sulky wheel of his horse and the outside wheel of CHACHINGCHACHING. He submitted that the space between the wheels did not widen. The gap would have widened had his horse run out, Mr Dunn submitted. He added that Mr Barron had admitted that his horse was running in.
Mr McIntyre responded that CHACHINGCHACHING had “come away” from the horse on its inner, SAY MY NAME (J R Dunn). Mr McIntyre, in reply to a question from the Committee, estimated that ART UNION’s outwards movement was approximately “half a cart”.
Mr Dunn argued that it was not half a cart and that any outward movement was only “very minor”. Mr Dalgety submitted that the gap from the pylons to the outside had not actually widened. He used the head-on video replay to illustrate this point. Mr Dalgety also disputed Mr McIntyre’s estimate of half a cart’s width movement.
Reasons for Decision:
The first question on which the Committee had to make a finding was had ART UNION caused interference to MIGHTY FLYING MAJOR as alleged. It was self-evident that the latter had galloped with, accepting Mr McIntyre’s estimate, approximately 30 metres to run and had, possibly, lost 3rd placing as a result.
The Committee carefully viewed the head-on and rear-on video replays of the final stages of the race. These replays gave a better perspective of the incident, in terms of any movement of the two runners, than the side-on, which showed where the incident took place and the extent to which the chances of MIGHTY FLYING MAJOR had been affected.
From its careful study of the head-on and rear-on video replays, the Committee found that, while there was minor outwards movement from ART UNION, it was not significant and, in the Committee’s view, not to the extent of a half cart’s width as alleged by Mr McIntyre. Neither did the Committee accept Mr McIntyre’s submission that the movement was a sharp one. At the same time, the Committee found, MIGHTY FLYING MAJOR had shifted ground inwards, albeit slightly. Mr Barron, in his evidence, said that that horse was on one rein and running in. Whilst he subsequently expressed a different view, the Committee preferred his view of the incident formed at the time.
Accordingly, the Committee found that there was movement from both ART UNION and MIGHTY FLYING MAJOR. The movement in each case was not great, but it was sufficient to result in some contact and to cause the latter runner to break some 30 metres short of the finishing line and lose its chance of finishing in a higher placing than its eventual 7th placing. However, the Committee was not satisfied, on a balance of probabilities, that in the circumstances it could be said that ART UNION was solely responsible for the breaking of MIGHTY FLYING MAJOR but, rather, that runner had itself contributed to a significant degree.
The Committee was, therefore, not satisfied that ART UNION had caused interference. Having so found, it was not necessary for it to consider whether the chances or progress of MIGHTY FLYING MAJOR had been affected.
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: 278dc9c79b73c35c344c85b4e6a982e9
informantnumber: A1588
horsename: Art Union
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 16/05/2014
hearing_title: NZ Metro TC 16 May 2014 - R 10 (instigating a protest)
charge:
facts:
Following the running of Race 10, Garrards Sires’ Stakes Series No.31 Two-Year-Old Final (Group 1), an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against ART UNION (D J Dunn), placed 2nd by the judge, on behalf of MIGHTY FLYING MAJOR (K M Barron), placed 7th by the judge, on the ground that “in the final stages ART UNION shifted outwards and checked MIGHTY FLYING MAJOR which broke and lost ground”.
The judge’s official placings were as follows:
1st 10 Hug The Wind
2nd 1 Art Union
3rd 2 Say My Name
4th 8 Express Stride
5th 9 Smoke N Santanna
Mr Dunn was present at the hearing of the information, and he indicated that he was representing the connections of ART UNION at the protest hearing. Also present at the hearing were Mr C T Dalgety, trainer of ART UNION, Mr K M Barron, driver of MIGHTY FLYING MAJOR and Mr S R Thompson of Thompson Bloodstock Limited, owner of MIGHTY FLYING MAJOR.
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 a side-on video replay of the final 200 metres of the race. He said that, passing the 100 metres, Mr Dunn was established in a gap outside of CHACHINGCHACHING (S J Lawson). Immediately outside of Mr Dunn was MIGHTY FLYING MAJOR, driven by Mr Barron. As the field progressed to the finish, Mr Dunn reached down to activate his horse’s sliding blinds. It appeared that his horse had reacted to this and “veered out sharply” and, as a result, Mr Barron had to take hold of his horse, Mr McIntyre said. It appeared that there was contact with Mr Dunn and his horse broke. He submitted that Mr Barron was fighting out 3rd placing at that point and that his horse’s chances had been affected. It finished in 7th placing, Mr McIntyre said. Mr McIntyre also showed head-on and rear-on video replays.
In response to a question from the Committee, Mr McIntyre stated that it was his belief that the breaking of MIGHTY FLYING MAJOR had occurred approximately 30 metres from the finishing line.
Mr Barron said that his horse was on one rein and running in, but he was trying to maintain its line. This was apparent from the video replays. He thought he was going to run 3rd, he said. He later said that, after viewing the video replay, he believed that he had kept “a pretty straight line”.
Mr Dunn asked the Committee to look at the distance between the inside sulky wheel of his horse and the outside wheel of CHACHINGCHACHING. He submitted that the space between the wheels did not widen. The gap would have widened had his horse run out, Mr Dunn submitted. He added that Mr Barron had admitted that his horse was running in.
Mr McIntyre responded that CHACHINGCHACHING had “come away” from the horse on its inner, SAY MY NAME (J R Dunn). Mr McIntyre, in reply to a question from the Committee, estimated that ART UNION’s outwards movement was approximately “half a cart”.
Mr Dunn argued that it was not half a cart and that any outward movement was only “very minor”. Mr Dalgety submitted that the gap from the pylons to the outside had not actually widened. He used the head-on video replay to illustrate this point. Mr Dalgety also disputed Mr McIntyre’s estimate of half a cart’s width movement.
reasonsfordecision:
The first question on which the Committee had to make a finding was had ART UNION caused interference to MIGHTY FLYING MAJOR as alleged. It was self-evident that the latter had galloped with, accepting Mr McIntyre’s estimate, approximately 30 metres to run and had, possibly, lost 3rd placing as a result.
The Committee carefully viewed the head-on and rear-on video replays of the final stages of the race. These replays gave a better perspective of the incident, in terms of any movement of the two runners, than the side-on, which showed where the incident took place and the extent to which the chances of MIGHTY FLYING MAJOR had been affected.
From its careful study of the head-on and rear-on video replays, the Committee found that, while there was minor outwards movement from ART UNION, it was not significant and, in the Committee’s view, not to the extent of a half cart’s width as alleged by Mr McIntyre. Neither did the Committee accept Mr McIntyre’s submission that the movement was a sharp one. At the same time, the Committee found, MIGHTY FLYING MAJOR had shifted ground inwards, albeit slightly. Mr Barron, in his evidence, said that that horse was on one rein and running in. Whilst he subsequently expressed a different view, the Committee preferred his view of the incident formed at the time.
Accordingly, the Committee found that there was movement from both ART UNION and MIGHTY FLYING MAJOR. The movement in each case was not great, but it was sufficient to result in some contact and to cause the latter runner to break some 30 metres short of the finishing line and lose its chance of finishing in a higher placing than its eventual 7th placing. However, the Committee was not satisfied, on a balance of probabilities, that in the circumstances it could be said that ART UNION was solely responsible for the breaking of MIGHTY FLYING MAJOR but, rather, that runner had itself contributed to a significant degree.
The Committee was, therefore, not satisfied that ART UNION had caused interference. Having so found, it was not necessary for it to consider whether the chances or progress of MIGHTY FLYING MAJOR had been affected.
Decision:
The protest was dismissed and it was ordered that dividends and stakes be paid in accordance with the judge’s official placings as above.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: K M Barron, Licensed Open Horseman, S R Thompson, Owner
Respondent: D J Dunn, Licensed Open Horseman, C T Dalgety, Licensed Public Trainer
StipendSteward:
raceid: ee4ca5ba8d079500c7951f60b447a7b3
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: cd76a8bf80489eab1c48e1a84e9eab1b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/05/2014
meet_title: NZ Metro TC - 16 May 2014
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