NZMTC 4 August 2011 – R 5 (instigating a protest)
ID: JCA12545
Meet Title:
NZ Metro TC - 4 August 2011
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/08/04
Race Number:
R 5
Decision:
The protest was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 5, “Tintin in America” 5 Group One Victories Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by MONCREIFFE (S R McNally), placed 5th by the judge, against CLASSIEAYR (I R Cameron), placed 4th by the judge, on the ground of “interference rounding the first turn”.
Before the hearing of the information commenced, Mr Cameron objected to Mr K G Hales, the racenight Chairman, hearing the protest. After the Committee adjourned briefly to consider Mr Cameron’s objection, Mr Hales announced that he would stand down. The hearing proceeded in his absence.
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 S R McNally, driver of MONCREIFFE in the race, said that racing into the first turn (200 metres after the start of the 2600 metres standing start event), his horse had gone inside CLASSIEAYR where there was plenty of room, he submitted. Going into the turn, the running line outside him started to come down and Mr Cameron had come down. Mr McNally said that his horse struck a pylon and galloped. The sole reason for striking the markers was the pressure from the outside, Mr McNally said.
Mr McNally agreed, when questioned by Mr McIntyre, that the video replay showed that he had struck a pylon when Mr Cameron was still clearly one off the markers. It was the first time the horse had broken in a race, Mr McNally said. As a result of the incident, Mr McNally said he lost “a few lengths” but ended up getting a nice run thereafter. Mr McIntyre alleged that MONCREIFFE had lost approximately 20 metres. The margin between the two horses at the finish was a short neck.
Mr McNally referred to the video replay. He said that his sulky wheel had struck the first pylon and the horse’s leg had struck the next pylon.
Mr Cameron said that, initially, there was plenty of room but, by the time the horses got to the point of the bend, Mr McNally started to come up on his inside and there was not enough room, but Mr McNally kept coming. The fact that Mr McNally hit the pylon showed that there was not enough room for him to keep coming. There was an insufficient gap for Mr McNally to improve into. Mr Cameron said that he had maintained his position and Mr McNally had attempted to come up on his inside.
Mr McIntyre referred to the Passing Lane Regulations which provided that, except in the last lap, in the passing lane, no horse shall pass another horse on the inside prior to the winning post. MONCREIFFE, which had drawn 2, had started in the passing lane. Mr McNally had tried to get up inside Mr Cameron prior to the post. Mr Cameron had held a “clear advantage” over him.
Reasons for Decision:
The Committee found that, upon leaving the passing lane, Mr McNally, driving MONCREIFFE, had attempted to improve on the inside of CLASSIEAYR, driven by Mr Cameron. At all relevant times, Mr Cameron was one-out and had not come down on Mr McNally as alleged. Rather, it was a case of Mr McNally attempting to improve up on the inside of Mr Cameron at a point where the passing lane, where Mr McNally was racing, was coming to an end. Mr McNally was not able to get his horse and sulky fully into the small gap on Mr Cameron’s inside. He ran out of room, struck two pylons and had to ease out of it, losing several lengths in the process.
Accordingly, the Committee was satisfied that CLASSIEAYR had not interfered with the progress or chance of MONCREIFFE.
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: 6abfc1969123f01f415c8fd08e94cfc0
informantnumber: 13441
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 05/08/2011
hearing_title: NZMTC 4 August 2011 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, “Tintin in America” 5 Group One Victories Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by MONCREIFFE (S R McNally), placed 5th by the judge, against CLASSIEAYR (I R Cameron), placed 4th by the judge, on the ground of “interference rounding the first turn”.
Before the hearing of the information commenced, Mr Cameron objected to Mr K G Hales, the racenight Chairman, hearing the protest. After the Committee adjourned briefly to consider Mr Cameron’s objection, Mr Hales announced that he would stand down. The hearing proceeded in his absence.
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 S R McNally, driver of MONCREIFFE in the race, said that racing into the first turn (200 metres after the start of the 2600 metres standing start event), his horse had gone inside CLASSIEAYR where there was plenty of room, he submitted. Going into the turn, the running line outside him started to come down and Mr Cameron had come down. Mr McNally said that his horse struck a pylon and galloped. The sole reason for striking the markers was the pressure from the outside, Mr McNally said.
Mr McNally agreed, when questioned by Mr McIntyre, that the video replay showed that he had struck a pylon when Mr Cameron was still clearly one off the markers. It was the first time the horse had broken in a race, Mr McNally said. As a result of the incident, Mr McNally said he lost “a few lengths” but ended up getting a nice run thereafter. Mr McIntyre alleged that MONCREIFFE had lost approximately 20 metres. The margin between the two horses at the finish was a short neck.
Mr McNally referred to the video replay. He said that his sulky wheel had struck the first pylon and the horse’s leg had struck the next pylon.
Mr Cameron said that, initially, there was plenty of room but, by the time the horses got to the point of the bend, Mr McNally started to come up on his inside and there was not enough room, but Mr McNally kept coming. The fact that Mr McNally hit the pylon showed that there was not enough room for him to keep coming. There was an insufficient gap for Mr McNally to improve into. Mr Cameron said that he had maintained his position and Mr McNally had attempted to come up on his inside.
Mr McIntyre referred to the Passing Lane Regulations which provided that, except in the last lap, in the passing lane, no horse shall pass another horse on the inside prior to the winning post. MONCREIFFE, which had drawn 2, had started in the passing lane. Mr McNally had tried to get up inside Mr Cameron prior to the post. Mr Cameron had held a “clear advantage” over him.
reasonsfordecision:
The Committee found that, upon leaving the passing lane, Mr McNally, driving MONCREIFFE, had attempted to improve on the inside of CLASSIEAYR, driven by Mr Cameron. At all relevant times, Mr Cameron was one-out and had not come down on Mr McNally as alleged. Rather, it was a case of Mr McNally attempting to improve up on the inside of Mr Cameron at a point where the passing lane, where Mr McNally was racing, was coming to an end. Mr McNally was not able to get his horse and sulky fully into the small gap on Mr Cameron’s inside. He ran out of room, struck two pylons and had to ease out of it, losing several lengths in the process.
Accordingly, the Committee was satisfied that CLASSIEAYR had not interfered with the progress or chance of MONCREIFFE.
Decision:
The protest was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: NG McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: SR McNally - Licensed Open Driver of MONCREIFFE, IR Cameron - Licensed Open Driver of CLASSIEAYR, MJ Stratford - Part-owner of CLASSIEAYR
Respondent:
StipendSteward:
raceid: 11aede24434a196c9e287efcd58b2018
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 531526a2e6b711cf8719d71f1fd92606
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/08/2011
meet_title: NZ Metro TC - 4 August 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC