Auckland TC 28 July 2017 – R 1 (instigating a protest) Chair, Mr A Godsalve
ID: JCA12039
Meet Title:
Auckland TC - 28 July 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2017/07/28
Race Number:
R7
Decision:
The protest was therefore dismissed.
The Judges placings stood and approval was accordingly given for the payment of dividends and stakemoney in accordance with the Committee's decision.
Facts:
Following the running of Race 1, the He's Watching Tender Closes 31 Aug Mobile Pace 1700m, Mr J Dickie (Sen), the Co-trainer of the horse SOMETHINGABOUTMARY, driven by Mr Joshua Dickie, initiated a protest. He alleged that Driver D Butcher (PARKER) committed a breach of the push-out Rule near the 1100m, which resulted in SOMETHINGABOUTMARY being forced to race three wide for the remainder of the race.
Mr D Butcher was present at the hearing and noted on the Information that he did not admit the breach, and that he contested the protest on behalf of the connections.
Mr Joshua Dickie, Co-trainer and driver of SOMETHINGABOUTMARY was also present at the hearing.
Prior to the hearing commencing, the Committee read aloud to the parties the provisions of Rule 869A)(2), being :
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.
Push-Out Rule:
Rule 869 (6)(c):
A horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Rule 869(7)
Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.
The Judge's placings were:
1st PARKER
2nd SOMETHINGABOUTMARY
3rd SHANDANCE
4th LINC'S BUTE
5th LINC'S TIGER
The officlal margins were : 1/2 Nk, 1/2 lgth, 2/4 lgths
Submissions for Decision:
Mr J Dickie (Sen) told the Committee that the field had been racing in 'Indian file'. There were 6 runners in the race. The Committee asked that he address the available video films and state his case. He demonstrated that SOMETHINGABOUTMARY had been racing behind PARKER. As the horses neared the 1100m mark, Joshua Dickie pulled out from behind PARKER with the intention of passing that horse. Mr Dickie alleged that as he did so, PARKER, driven by Mr Butcher came out ahead of him, pushing SOMETHINGABOUTMARY into a 3 wide position. Mr Dickie stated that as a result, SOMETHINGABOUTMARY had been in a 3 wide position for the remainder of the race. He alleged that Mr Butcher had breached the push-out Rule, and that as the margin between 1st and 2nd was only 1/2 Nk, it had cost SOMETHINGABOUTMARY the winning of the race.
Mr Joshua Dickie told the Committee that he had nothing to add to what Mr J Dickie had said.
Mr Butcher said that it was clear on the film that he was already in a 3 wide position prior to Mr Dickie making any move. He said that he had moved out safely and that he believed Mr Dickie must have seen him coming out into the 3 wide position before he made any move himself. Mr Butcher added that Mr Dickie had not called out to him at any stage.
Mr Mulcay stated that this incident had taken place where the passing-lane was. He said that the Stewards considered that Mr Butcher was already out in a 3 wide position before Mr Dickie was 'on his wheel'. He added that there had to be some doubt as to whether Mr Butcher had breached the provisions of the push-out Rule.
Reasons for Decision:
The Committee took careful note of the submissions of all of the parties. We then viewed the available video films. We found the film showing the horses from behind just prior to the alleged incident to be particuarly illuminating. That film clearly showed that as the horses passed the proximity of the 1100m mark PARKER was in a 3 wide position. Mr Butcher had manoeuvred PARKER out prior to Mr Dickie attempting to improve SOMETHINGABOUTMARYS' position. It was also discernable that Mr Butcher had looked to his left to see where SOMETHINGABOUTMARY was before moving outwards. We were satisfied that Mr Butcher had maintained his line once he reached the 3 wide position without interfering with SOMETHINGABOUTMARY.
The Committee therefore was satisfied that Mr Butcher had not breached the push-out Rule.
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: 31c17ad25f5b6da33f67f10a1abe0a7c
informantnumber: A9125
horsename: PARKER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/07/2017
hearing_title: Auckland TC 28 July 2017 - R 1 (instigating a protest) Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 1, the He's Watching Tender Closes 31 Aug Mobile Pace 1700m, Mr J Dickie (Sen), the Co-trainer of the horse SOMETHINGABOUTMARY, driven by Mr Joshua Dickie, initiated a protest. He alleged that Driver D Butcher (PARKER) committed a breach of the push-out Rule near the 1100m, which resulted in SOMETHINGABOUTMARY being forced to race three wide for the remainder of the race.
Mr D Butcher was present at the hearing and noted on the Information that he did not admit the breach, and that he contested the protest on behalf of the connections.
Mr Joshua Dickie, Co-trainer and driver of SOMETHINGABOUTMARY was also present at the hearing.
Prior to the hearing commencing, the Committee read aloud to the parties the provisions of Rule 869A)(2), being :
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.
Push-Out Rule:
Rule 869 (6)(c):
A horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Rule 869(7)
Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.
The Judge's placings were:
1st PARKER
2nd SOMETHINGABOUTMARY
3rd SHANDANCE
4th LINC'S BUTE
5th LINC'S TIGER
The officlal margins were : 1/2 Nk, 1/2 lgth, 2/4 lgths
appealdecision:
isappeal:
submissionsfordecision:
Mr J Dickie (Sen) told the Committee that the field had been racing in 'Indian file'. There were 6 runners in the race. The Committee asked that he address the available video films and state his case. He demonstrated that SOMETHINGABOUTMARY had been racing behind PARKER. As the horses neared the 1100m mark, Joshua Dickie pulled out from behind PARKER with the intention of passing that horse. Mr Dickie alleged that as he did so, PARKER, driven by Mr Butcher came out ahead of him, pushing SOMETHINGABOUTMARY into a 3 wide position. Mr Dickie stated that as a result, SOMETHINGABOUTMARY had been in a 3 wide position for the remainder of the race. He alleged that Mr Butcher had breached the push-out Rule, and that as the margin between 1st and 2nd was only 1/2 Nk, it had cost SOMETHINGABOUTMARY the winning of the race.
Mr Joshua Dickie told the Committee that he had nothing to add to what Mr J Dickie had said.
Mr Butcher said that it was clear on the film that he was already in a 3 wide position prior to Mr Dickie making any move. He said that he had moved out safely and that he believed Mr Dickie must have seen him coming out into the 3 wide position before he made any move himself. Mr Butcher added that Mr Dickie had not called out to him at any stage.
Mr Mulcay stated that this incident had taken place where the passing-lane was. He said that the Stewards considered that Mr Butcher was already out in a 3 wide position before Mr Dickie was 'on his wheel'. He added that there had to be some doubt as to whether Mr Butcher had breached the provisions of the push-out Rule.
reasonsfordecision:
The Committee took careful note of the submissions of all of the parties. We then viewed the available video films. We found the film showing the horses from behind just prior to the alleged incident to be particuarly illuminating. That film clearly showed that as the horses passed the proximity of the 1100m mark PARKER was in a 3 wide position. Mr Butcher had manoeuvred PARKER out prior to Mr Dickie attempting to improve SOMETHINGABOUTMARYS' position. It was also discernable that Mr Butcher had looked to his left to see where SOMETHINGABOUTMARY was before moving outwards. We were satisfied that Mr Butcher had maintained his line once he reached the 3 wide position without interfering with SOMETHINGABOUTMARY.
The Committee therefore was satisfied that Mr Butcher had not breached the push-out Rule.
Decision:
The protest was therefore dismissed.
The Judges placings stood and approval was accordingly given for the payment of dividends and stakemoney in accordance with the Committee's decision.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(A)(2)
Informant: Mr J Dickie-Co-Trainer of Somethingaboutmary
JockeysandTrainer:
Otherperson:
PersonPresent: Mr Joshua Dickie-Driver and Co-Trainer of Somethingaboutmary, Mr S Mulcay - Stipendiary Steward
Respondent: Mr D Butcher-Driver of Parker and representing that horses connections
StipendSteward:
raceid: 2add2d8f403977e415831e772675ea1d
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: 4809a1609e02313ec3dccc930c36a9b0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/07/2017
meet_title: Auckland TC - 28 July 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC