Auckland TC 25 April 2014 – R 9 (instigating a protest)
ID: JCA12415
Meet Title:
Auckland TC - 25 April 2014
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2014/04/25
Race Number:
R9
Decision:
The Protest is dismissed and the Judge's placings stand.
It is ordered that Dividends and Stakes be paid according to the Judge's placings.
Facts:
Following the running of the 2014 ANZAC CUP MOBILE TROT an Information Instigating a Protest was lodged by Driver Mr DJ Butt against the second placing of ZEDALITE on the grounds that it interfered with the chances of the 4th placed horse DR HOOK over the concluding stages of the Race.
Mr Butt appeared on behalf of the Connections of DR HOOK.
Mr B Cullen and Mr R Petroff the Caretaker and Driver respectively of ZEDALITE were present at the Hearing.
Mr B Lichter - Journalist also appeared at the Hearing and after being asked by the Committee the Parties consented to Mr Lichter staying throughout the Hearing.
Mr Muirhead said at the outset that the Protest was Mr Butt's Protest and not the Stewards and that it was about the chances of DR HOOK being affected by the actions of ZEDALITE. He said that it was not the chances of DR HOOK finishing second but rather whether it would have finished 3rd. He said there was point 7 of a length between 3rd and 4th. Mr Muirhead then read the appropriate Rules.
Rule 869(4) A and B provide: "That no horseman or Horse shall during any race do anything which interferes with or is likely to interfere with any other horse or its progress."
Rule 869(8) provides: "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 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 any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
The Parties acknowledged that they understood the Rules.
The Parties and in particular Mr Butt agreed to have Mr Renault demonstrate the incident by use of the Race Films. In doing so Mr Renault showed ZEDALITE moving outwards at the 200 metres mark to get a run and at that stage DR HOOK was 4 back on the pylons and he showed where DR HOOK was able to move out half way down the straight and finish on into 4th position. In the meantime ZEDALITE was under a hard drive and finshed a close second. Approximately 100 metres out ZEDALITE was challenging for the lead and DR HOOK was about 2 to 3 lengths behind. Zedalite shifted out creating a gap between it and the eventual winner SUPERBOWLCHEERLEADER. Mr Renault then showed where DR HOOK moved towards the gap and it subsequently closed and Mr Butt then took hold of DR HOOK and changed direction and finished 4th.
Mr Butt said that in the run home ZEDALITE shifted out and there was a gap between it and SUPERBOWLCHEERLEADER. He said he was going to take the gap when ZEDALITE came back down and the gap closed. He said he had to take hold of his horse and that caused him to miss 3rd place. He went on to say that in his opinion DR HOOK would have finished 3rd but he did say that he was not 100 per cent sure of that.
Mr Petroff said he had come from a trailing position and moved out in the straight to make a run. He thought that Mr Butt's horse had overreacted to the gap closing.
Mr Cullen did not have anything to say to the Committee.
Submissions for Decision:
Mr Butt thought he would have run 3rd but for the gap closing. He is however now not 100 per cent sure of that.
Mr Petroff has told the Committee that he thought DR HOOK overreacted.
Mr Muirhead on behalf of the Stewards gave their interpretation because the Stewards had not lodged the Protest. He said that although Mr Butt may have been moving towards the gap he was never in a position to take it. He pointed to the films and said that there clearly was a gap but that when the gap was there DR HOOK was still not up to it and not in a position to take it.
Reasons for Decision:
The Committee assessed the evidence given by the Parties and we have reviewed the Race Films several times. The Films clearly show the position of the horses in question and we have the benefit of Films from several different angles. The gap has opened between SUPERBOWLCHEERLEADER and ZEDALITE and then DR HOOK has moved to that gap but it has closed.
We have to assess whether the actions of ZEDALITE have affected the chances of DR HOOK.
It is our view that although there was a gap and DR HOOK was driven towards it that at the critical time DR HOOK did not have sufficient momentum to take the gap let alone move into it. Dr HOOK was presented to the gap but was not in a position to take it. Once the gap closed DR HOOK changed direction and ran 4th. Were its chances affected? In order to uphold a Protest we have to be certain that the chances of DR HOOK were affected to the extent that it would have run 3rd. We are not certain and for that matter Mr Butt has told us that he was not 100 per cent sure either.
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: 597092e47f2108917109154ece420587
informantnumber: A2532
horsename: ZEDALITE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 28/04/2014
hearing_title: Auckland TC 25 April 2014 - R 9 (instigating a protest)
charge:
facts:
Following the running of the 2014 ANZAC CUP MOBILE TROT an Information Instigating a Protest was lodged by Driver Mr DJ Butt against the second placing of ZEDALITE on the grounds that it interfered with the chances of the 4th placed horse DR HOOK over the concluding stages of the Race.
Mr Butt appeared on behalf of the Connections of DR HOOK.
Mr B Cullen and Mr R Petroff the Caretaker and Driver respectively of ZEDALITE were present at the Hearing.
Mr B Lichter - Journalist also appeared at the Hearing and after being asked by the Committee the Parties consented to Mr Lichter staying throughout the Hearing.
Mr Muirhead said at the outset that the Protest was Mr Butt's Protest and not the Stewards and that it was about the chances of DR HOOK being affected by the actions of ZEDALITE. He said that it was not the chances of DR HOOK finishing second but rather whether it would have finished 3rd. He said there was point 7 of a length between 3rd and 4th. Mr Muirhead then read the appropriate Rules.
Rule 869(4) A and B provide: "That no horseman or Horse shall during any race do anything which interferes with or is likely to interfere with any other horse or its progress."
Rule 869(8) provides: "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 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 any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.
The Parties acknowledged that they understood the Rules.
The Parties and in particular Mr Butt agreed to have Mr Renault demonstrate the incident by use of the Race Films. In doing so Mr Renault showed ZEDALITE moving outwards at the 200 metres mark to get a run and at that stage DR HOOK was 4 back on the pylons and he showed where DR HOOK was able to move out half way down the straight and finish on into 4th position. In the meantime ZEDALITE was under a hard drive and finshed a close second. Approximately 100 metres out ZEDALITE was challenging for the lead and DR HOOK was about 2 to 3 lengths behind. Zedalite shifted out creating a gap between it and the eventual winner SUPERBOWLCHEERLEADER. Mr Renault then showed where DR HOOK moved towards the gap and it subsequently closed and Mr Butt then took hold of DR HOOK and changed direction and finished 4th.
Mr Butt said that in the run home ZEDALITE shifted out and there was a gap between it and SUPERBOWLCHEERLEADER. He said he was going to take the gap when ZEDALITE came back down and the gap closed. He said he had to take hold of his horse and that caused him to miss 3rd place. He went on to say that in his opinion DR HOOK would have finished 3rd but he did say that he was not 100 per cent sure of that.
Mr Petroff said he had come from a trailing position and moved out in the straight to make a run. He thought that Mr Butt's horse had overreacted to the gap closing.
Mr Cullen did not have anything to say to the Committee.
appealdecision:
isappeal:
submissionsfordecision:
Mr Butt thought he would have run 3rd but for the gap closing. He is however now not 100 per cent sure of that.
Mr Petroff has told the Committee that he thought DR HOOK overreacted.
Mr Muirhead on behalf of the Stewards gave their interpretation because the Stewards had not lodged the Protest. He said that although Mr Butt may have been moving towards the gap he was never in a position to take it. He pointed to the films and said that there clearly was a gap but that when the gap was there DR HOOK was still not up to it and not in a position to take it.
reasonsfordecision:
The Committee assessed the evidence given by the Parties and we have reviewed the Race Films several times. The Films clearly show the position of the horses in question and we have the benefit of Films from several different angles. The gap has opened between SUPERBOWLCHEERLEADER and ZEDALITE and then DR HOOK has moved to that gap but it has closed.
We have to assess whether the actions of ZEDALITE have affected the chances of DR HOOK.
It is our view that although there was a gap and DR HOOK was driven towards it that at the critical time DR HOOK did not have sufficient momentum to take the gap let alone move into it. Dr HOOK was presented to the gap but was not in a position to take it. Once the gap closed DR HOOK changed direction and ran 4th. Were its chances affected? In order to uphold a Protest we have to be certain that the chances of DR HOOK were affected to the extent that it would have run 3rd. We are not certain and for that matter Mr Butt has told us that he was not 100 per cent sure either.
Decision:
The Protest is dismissed and the Judge's placings stand.
It is ordered that Dividends and Stakes be paid according to the Judge's placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rules 869 (4) and 869 (8) and the Home Straight Regulations
Informant: Mr D Butt - Licensed Open Horseman and Driver of DR HOOK
JockeysandTrainer:
Otherperson:
PersonPresent: DJ Butt - Licensed Open Horseman, R Petroff - Driver of ZEDALITE, B Cullen -Caretaker of ZEDALITE, S Renault - Stipendiary Steward, B Lichter - Journalist, JM Muirhead - Stipendiary Steward
Respondent: Mr B Cullen & Mr R Petroff - Caretaker/Driver of ZEDALITE
StipendSteward:
raceid: 623a8e0c5df1196724efdd396d256546
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ff5aca91fd05de6165e64942d7f4b0b7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/04/2014
meet_title: Auckland TC - 25 April 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC