NZ Metro TC 31 March 2017 – R 4 (instigating a protest) Chair, Mr R McKenzie
ID: JCA11915
Meet Title:
NZ Metro TC - 31 March 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2017/03/31
Race Number:
R4
Decision:
The protest was upheld. ZOEY’S GIFT was promoted to 3rd placing and NEEDLE was relegated to 4th.
Consequent upon the relegation, the amended result for the race is as follows:
1st 13 Chevron Express
2nd 4 Regal Love
3rd 5 Zoey’s Gift
4th 9 Needle
5th 6 Di’z Luck
6th 12 Crusher Collins
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 4, Storer Motors New Zealand Trotting Oaks (Group 2), an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, on behalf of ZOEY’S GIFT (M J Williamson), placed 4th by the judge, against NEEDLE (C J DeFilippi), placed 3rd by the judge, on the grounds that “NEEDLE shifted inwards at the top of the straight and contacted the wheel of ZOEY’S GIFT”.
Present at the hearing were Mr DeFilippi (representing the owner of NEEDLE), Mr T G Casey (owner of NEEDLE), Mr M J Williamson (representing the connections of ZOEY’S GIFT) and Mr P C Williamson, trainer of ZOEY’S GIFT.
The judge’s placings were as follows:
1st 13 Chevron Express
2nd 4 Regal Love
3rd 9 Needle
4th 5 Zoey’s Gift
5th 6 Di’z Luck
6th 12 Crusher Collins
The official margin between 3rd and 4th was a ½ head.
Rule 869A provides:
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
For the purposes of the Rule, interference means “any conduct referred to Rule 869 which interferes or is likely to interfere with the progress of any horse in a race”.
Submissions for Decision:
Mr Ydgren had Stipendiary Steward, Mr S P Renault, show video replays of the incident, approximately 250 metres from the finish. Mr Renault pointed out ZOEY’S GIFT in the lead as the field entered the home straight and NEEDLE racing in the trail behind that runner.
Mr DeFilippi then took the passing lane. Mr Williamson could be seen to look down over his left shoulder and, passing the 200 metres, his left sulky wheel had been punctured, Mr Renault said. NEEDLE improved up on the inside of ZOEY’S GIFT over the final 200 metres, with NEEDLE getting up to beat ZOEY’S GIFT by a half head for 3rd placing. Mr Ydgren produced a printout of the final result and margins for the race.
Mr Renault submitted that, as he came down into the passing lane, Mr DeFilippi made contact with the wheel of Mr Williamson’s sulky, which deflated immediately. Mr Williamson confirmed that his tyre deflated immediately but the tyre did not come off the rim, he said, until the finishing line. He also confirmed that he had looked down when his sulky wheel was contacted.
The head-on video was carefully studied. Mr Ydgren submitted that the inside sulky wheel of ZOEY’S GIFT could be seen on the video to “shudder” at the point of contact. He submitted that this took place approximately 250 metres from the finish.
Mr Williamson said that the tyre was “dead flat” and, he believed, that it cost him the opportunity to beat NEEDLE for 3rd placing. He stressed the margin of a half head between the two horses at the finish.
Mr DeFilippi said that, if he did contact Mr Williamson’s wheel, he had only just “nicked” the tyre. He also suggested to Mr Williamson that ZOEY’S GIFT had run in a little upon entering the passing lane. Mr Williamson replied that it, if it had run in, it was by no more than it was entitled to and, at no stage, did it run into the passing lane.
Mr Casey said it was very difficult to tell where the wheel of ZOEY’S GIFT wheel had been struck and, if it could not be established that the wheel had been struck, then NEEDLE was entitled to the benefit of the doubt.
Mr P C Williamson submitted that a flat tyre definitely affected the way a horse was going to run in the final 250 metres. The chances of ZOEY’S GIFT must have been affected, having to pull a flat tyre for 250 metres and losing 3rd placing by only a half head, he said.
In summing up, Mr Ydgren said that it was difficult to assess the precise effect, at the end of a race, of a horse having to run with a flat sulky tyre. However, in this case, Stewards felt that this incident had some bearing on the chances of ZOEY’S GIFT. The final margin was very narrow and ZOEY’S GIFT had had to drag the flat tyre for 250 metres. Stewards were confident that contact did occur at the point alleged.
Mr DeFilippi acknowledged that a flat tyre did affect a horse’s performance. He would not say whether or not he had struck the wheel of ZOEY’S GIFT, but submitted that the video replay did not show that he had. He submitted that it was possible that the tyre had been struck earlier in the race and had only just deflated at that point.
Reasons for Decision:
The first matter that the Committee had to determine, in terms of the Rule, was whether NEEDLE had caused interference to ZOEY’S GIFT. In this case, we were satisfied that, when NEEDLE shifted down into the passing lane with approximately 250 metres to run, it had struck the tyre of the sulky wheel of ZOEY’S GIFT, which it had been trailing, causing the tyre to immediately deflate. Mr DeFilippi denied that he had struck the tyre of ZOEY’S GIFT, but we were satisfied from what we saw and heard that he had done so. We were further satisfied that this amounted to “causing interference” within Rule 869A (2). The Committee did not believe that ZOEY’S GIFT had contributed in any way to the interference by running in at the entrance to the passing lane, as alleged by Mr DeFilippi.
Having found that interference had been caused by NEEDLE to ZOEY’S GIFT, the Committee was required to determine whether, but for that interference, ZOEY’S GIFT would have finished ahead of NEEDLE. Having regard to the narrow margin of a half head at the finishing line, the distance over which ZOEY’S GIFT was required to pull the flat tyre and the accepted fact (which Mr DeFilippi accepted) that to have to pull a flat tyre impacts on the performance of a horse, we were satisfied that ZOEY’S GIFT would have finished ahead of NEEDLE.
JCA Decision Fields (raw)
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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: 2881c632acd5f11773dc40c16e6f44c7
informantnumber: A8956
horsename: Needle
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 03/04/2017
hearing_title: NZ Metro TC 31 March 2017 - R 4 (instigating a protest) Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Storer Motors New Zealand Trotting Oaks (Group 2), an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, on behalf of ZOEY’S GIFT (M J Williamson), placed 4th by the judge, against NEEDLE (C J DeFilippi), placed 3rd by the judge, on the grounds that “NEEDLE shifted inwards at the top of the straight and contacted the wheel of ZOEY’S GIFT”.
Present at the hearing were Mr DeFilippi (representing the owner of NEEDLE), Mr T G Casey (owner of NEEDLE), Mr M J Williamson (representing the connections of ZOEY’S GIFT) and Mr P C Williamson, trainer of ZOEY’S GIFT.
The judge’s placings were as follows:
1st 13 Chevron Express
2nd 4 Regal Love
3rd 9 Needle
4th 5 Zoey’s Gift
5th 6 Di’z Luck
6th 12 Crusher Collins
The official margin between 3rd and 4th was a ½ head.
Rule 869A provides:
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
For the purposes of the Rule, interference means “any conduct referred to Rule 869 which interferes or is likely to interfere with the progress of any horse in a race”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren had Stipendiary Steward, Mr S P Renault, show video replays of the incident, approximately 250 metres from the finish. Mr Renault pointed out ZOEY’S GIFT in the lead as the field entered the home straight and NEEDLE racing in the trail behind that runner.
Mr DeFilippi then took the passing lane. Mr Williamson could be seen to look down over his left shoulder and, passing the 200 metres, his left sulky wheel had been punctured, Mr Renault said. NEEDLE improved up on the inside of ZOEY’S GIFT over the final 200 metres, with NEEDLE getting up to beat ZOEY’S GIFT by a half head for 3rd placing. Mr Ydgren produced a printout of the final result and margins for the race.
Mr Renault submitted that, as he came down into the passing lane, Mr DeFilippi made contact with the wheel of Mr Williamson’s sulky, which deflated immediately. Mr Williamson confirmed that his tyre deflated immediately but the tyre did not come off the rim, he said, until the finishing line. He also confirmed that he had looked down when his sulky wheel was contacted.
The head-on video was carefully studied. Mr Ydgren submitted that the inside sulky wheel of ZOEY’S GIFT could be seen on the video to “shudder” at the point of contact. He submitted that this took place approximately 250 metres from the finish.
Mr Williamson said that the tyre was “dead flat” and, he believed, that it cost him the opportunity to beat NEEDLE for 3rd placing. He stressed the margin of a half head between the two horses at the finish.
Mr DeFilippi said that, if he did contact Mr Williamson’s wheel, he had only just “nicked” the tyre. He also suggested to Mr Williamson that ZOEY’S GIFT had run in a little upon entering the passing lane. Mr Williamson replied that it, if it had run in, it was by no more than it was entitled to and, at no stage, did it run into the passing lane.
Mr Casey said it was very difficult to tell where the wheel of ZOEY’S GIFT wheel had been struck and, if it could not be established that the wheel had been struck, then NEEDLE was entitled to the benefit of the doubt.
Mr P C Williamson submitted that a flat tyre definitely affected the way a horse was going to run in the final 250 metres. The chances of ZOEY’S GIFT must have been affected, having to pull a flat tyre for 250 metres and losing 3rd placing by only a half head, he said.
In summing up, Mr Ydgren said that it was difficult to assess the precise effect, at the end of a race, of a horse having to run with a flat sulky tyre. However, in this case, Stewards felt that this incident had some bearing on the chances of ZOEY’S GIFT. The final margin was very narrow and ZOEY’S GIFT had had to drag the flat tyre for 250 metres. Stewards were confident that contact did occur at the point alleged.
Mr DeFilippi acknowledged that a flat tyre did affect a horse’s performance. He would not say whether or not he had struck the wheel of ZOEY’S GIFT, but submitted that the video replay did not show that he had. He submitted that it was possible that the tyre had been struck earlier in the race and had only just deflated at that point.
reasonsfordecision:
The first matter that the Committee had to determine, in terms of the Rule, was whether NEEDLE had caused interference to ZOEY’S GIFT. In this case, we were satisfied that, when NEEDLE shifted down into the passing lane with approximately 250 metres to run, it had struck the tyre of the sulky wheel of ZOEY’S GIFT, which it had been trailing, causing the tyre to immediately deflate. Mr DeFilippi denied that he had struck the tyre of ZOEY’S GIFT, but we were satisfied from what we saw and heard that he had done so. We were further satisfied that this amounted to “causing interference” within Rule 869A (2). The Committee did not believe that ZOEY’S GIFT had contributed in any way to the interference by running in at the entrance to the passing lane, as alleged by Mr DeFilippi.
Having found that interference had been caused by NEEDLE to ZOEY’S GIFT, the Committee was required to determine whether, but for that interference, ZOEY’S GIFT would have finished ahead of NEEDLE. Having regard to the narrow margin of a half head at the finishing line, the distance over which ZOEY’S GIFT was required to pull the flat tyre and the accepted fact (which Mr DeFilippi accepted) that to have to pull a flat tyre impacts on the performance of a horse, we were satisfied that ZOEY’S GIFT would have finished ahead of NEEDLE.
Decision:
The protest was upheld. ZOEY’S GIFT was promoted to 3rd placing and NEEDLE was relegated to 4th.
Consequent upon the relegation, the amended result for the race is as follows:
1st 13 Chevron Express
2nd 4 Regal Love
3rd 5 Zoey’s Gift
4th 9 Needle
5th 6 Di’z Luck
6th 12 Crusher Collins
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A(2)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: M J Williamson, Licensed Open Horseman, P C Wiliamson, Licensed Public Trainer, T G Casey, Owner
Respondent: C J DeFilippi, LIcensed Open Horseman
StipendSteward:
raceid: dbf124ba465bae744ffc34b938812193
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7e681e28a79bcebacfc836821ddb8a9a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/03/2017
meet_title: NZ Metro TC - 31 March 2017
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