NZ Metro TC 1 August 2013 – R 7 (instigating a protest)
ID: JCA12585
Meet Title:
NZ Metro TC - 1 August 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/08/01
Race Number:
R7
Decision:
The protest was dismissed with placings as they crossed the line confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 7, the Blue Stars Taxis Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward Mr N Ydgren alleging interference by HIGHVIEW EMBER (11), driven by Mr M Anderson, who finished in 2nd place, to STARLET LAVRA (12), driven by A Veint, HOLME FIRE (9), driven by S Stewart and CULLEN’S MERCY (14), driven by M Purvis.
The Judge's placings in this race were as follows:
1st - STARLET LAVRA (12)
2nd - HIGHVIEW EMBER (11)
3rd - HARLOW FRANCO (6)
4th - ARTSU (2)
5th - TIANA FRANCO (6)
6th - WHYAMIBETTOR (10)
The Information reads as follows:
“That horse number 11, or its driver, placed 2nd by the Judge, interfered with the chances of several runners as detailed below;
“In that HIGHVIEW EMBER caused checks to trailing runners with approximately 2000m to run. HIGHVIEW EMBER went on to finish 2nd.”
Rule 869(8) provides as follows:
“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.
The connections of HIGHVIEW EMBER were represented at this hearing by Public Trainer Mr R Holmes and Junior Driver, Mr M Anderson. Junior Driver, Mr A Veint with the assistance of Open Horseman, Mr J Curtin represented the connections of STARLET LAVRA. Junior Driver Mr S Stewart, assisted by Open Horseman Mr J Dunn, represented the connections of HOLME FIRE with Junior Driver Mr M Purvis also assisted by Mr J Dunn, represented the connections of CULLEN’S MERCY. All parties agreed that they understood the Rule and the nature of the protest. This protest hearing commenced at 9.22pm.
Submissions for Decision:
Mr Ydgren gave evidence and showed the relevant films of the incident which occurred near the 2000m, shortly after the horses entered the back straight. He pointed out HIGHVIEW EMBER with STARLET LAVRA in the trail and HOLME FIRE trailing that horse with CULLEN’S MERCY at the rear. He contended that HIGHVIEW EMBER had shifted position marginally outwards and then come back down, which has caused an easing in the pace. This easing, he submitted, significantly affected the trailing runners, especially HOLME FIRE and CULLEN’S MERCY. Mr S Stewart, driver of HOLME FIRE, gave evidence that when in the trail of STARLET LAVRA, the pace eased suddenly near the 2000m and due to the interference received HOLME FIRE had then broken from its gait. Mr M Purvis, driver of CULLEN’S MERCY, gave evidence that his horse was in last position and pacing roughly. He was attempting to tack back onto the field behind HOLME FIRE near the 2000m. He stated that HOLME FIRE had been checked and galloped ahead of him and had shifted down slightly on the track. He said his horse had taken fright and galloped as a result. Mr Veint, driver of STARLET LAVRA, gave evidence that near the 2000m when he was trailing HIGHVIEW EMBER, he had to take a hold of his horse as the pace eased just slightly. He stated his horse was racing keenly at the time which had made the incident look worse than it was. He also stated that he did not notice at the time any shift inwards or outwards from HIGHVIEW EMBER. Mr J Curtin submitted that all the horses appeared to be racing keenly. He also stated that HIGHVIEW EMBER had moved out only slightly and it did not appear as though the pace had slowed much at all. Mr Veint, in answer to a question from Mr Ydgren, stated he believed that there was a definite ease of pace from HIGHVIEW EMBER at the time.
Mr Ydgren conceded that the films did not show any great shift from HIGHVIEW EMBER or easing of the pace and that this situation had not been assisted by the trailing STARLET LAVRA racing keenly.
Mr Holmes submitted that STARLET LAVRA had scrambled slightly and grabbed the bit due to a runner improving on its outside just before the alleged easing. This was conceded by Mr Veint. Mr Holmes also submitted that the films showed no easing movement from HIGHVIEW EMBER. He said that HIGHVIEW EMBER had shifted out ¼ of a cart on the bend into the back straight which did not cause any interference. He submitted that the interference came from STARLET LARVA due to it scrambling and racing keenly before being eased which in turn caused the interference to the trailing HOLME FIRE and CULLEN’S MERCY. He also stated that what happened was a common racing incident. Mr Anderson stated that HIGHVIEW EMBER had rolled out slightly on the bend and agreed it would have been a shift of about ¼ of a cart width.
Mr Ydgren conceded that HIGHVIEW EMBER had shifted out minimally but with STARLET LAVRA travelling keenly behind HIGHVIEW EMBER it has not taken much of an ease for Mr Veint to have to ease his horse which in turn caused a concertina effect on the trailing runners of which they had to absorb.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that an easing of the pace had occurred near the 2000m and as a result HOLME FIRE had checked and broken from its gait with CULLEN’S MERCY taking fright and also breaking. We were also satisfied that STARLET LAVRA was racing keenly just prior to this incident and was eased shortly after HIGHVIEW EMBER shifted outwards approximately ¼ of a cart width and then shifted back down. We were not however satisfied that there was any discernible easing of the pace by HIGHVIEW EMBER in this movement and believe that STARLET LAVRA had been racing keenly and when being steadied created the concertina effect on the trailing HOLME FIRE and CULLEN’S MERCY.
Taking into consideration all factors, the Committee were not satisfied that HIGHVIEW EMBER had caused interference to the trailing STARLET LAVRA, HOLME FIRE and CULLEN’S MERCY and therefore decided that the protest should be dismissed.
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: 3b319134b0d8c1a6e747bdc7e42a745e
informantnumber: A1615
horsename: HIGHVIEW EMBER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/07/2013
hearing_title: NZ Metro TC 1 August 2013 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, the Blue Stars Taxis Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward Mr N Ydgren alleging interference by HIGHVIEW EMBER (11), driven by Mr M Anderson, who finished in 2nd place, to STARLET LAVRA (12), driven by A Veint, HOLME FIRE (9), driven by S Stewart and CULLEN’S MERCY (14), driven by M Purvis.
The Judge's placings in this race were as follows:
1st - STARLET LAVRA (12)
2nd - HIGHVIEW EMBER (11)
3rd - HARLOW FRANCO (6)
4th - ARTSU (2)
5th - TIANA FRANCO (6)
6th - WHYAMIBETTOR (10)
The Information reads as follows:
“That horse number 11, or its driver, placed 2nd by the Judge, interfered with the chances of several runners as detailed below;
“In that HIGHVIEW EMBER caused checks to trailing runners with approximately 2000m to run. HIGHVIEW EMBER went on to finish 2nd.”
Rule 869(8) provides as follows:
“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.
The connections of HIGHVIEW EMBER were represented at this hearing by Public Trainer Mr R Holmes and Junior Driver, Mr M Anderson. Junior Driver, Mr A Veint with the assistance of Open Horseman, Mr J Curtin represented the connections of STARLET LAVRA. Junior Driver Mr S Stewart, assisted by Open Horseman Mr J Dunn, represented the connections of HOLME FIRE with Junior Driver Mr M Purvis also assisted by Mr J Dunn, represented the connections of CULLEN’S MERCY. All parties agreed that they understood the Rule and the nature of the protest. This protest hearing commenced at 9.22pm.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and showed the relevant films of the incident which occurred near the 2000m, shortly after the horses entered the back straight. He pointed out HIGHVIEW EMBER with STARLET LAVRA in the trail and HOLME FIRE trailing that horse with CULLEN’S MERCY at the rear. He contended that HIGHVIEW EMBER had shifted position marginally outwards and then come back down, which has caused an easing in the pace. This easing, he submitted, significantly affected the trailing runners, especially HOLME FIRE and CULLEN’S MERCY. Mr S Stewart, driver of HOLME FIRE, gave evidence that when in the trail of STARLET LAVRA, the pace eased suddenly near the 2000m and due to the interference received HOLME FIRE had then broken from its gait. Mr M Purvis, driver of CULLEN’S MERCY, gave evidence that his horse was in last position and pacing roughly. He was attempting to tack back onto the field behind HOLME FIRE near the 2000m. He stated that HOLME FIRE had been checked and galloped ahead of him and had shifted down slightly on the track. He said his horse had taken fright and galloped as a result. Mr Veint, driver of STARLET LAVRA, gave evidence that near the 2000m when he was trailing HIGHVIEW EMBER, he had to take a hold of his horse as the pace eased just slightly. He stated his horse was racing keenly at the time which had made the incident look worse than it was. He also stated that he did not notice at the time any shift inwards or outwards from HIGHVIEW EMBER. Mr J Curtin submitted that all the horses appeared to be racing keenly. He also stated that HIGHVIEW EMBER had moved out only slightly and it did not appear as though the pace had slowed much at all. Mr Veint, in answer to a question from Mr Ydgren, stated he believed that there was a definite ease of pace from HIGHVIEW EMBER at the time.
Mr Ydgren conceded that the films did not show any great shift from HIGHVIEW EMBER or easing of the pace and that this situation had not been assisted by the trailing STARLET LAVRA racing keenly.
Mr Holmes submitted that STARLET LAVRA had scrambled slightly and grabbed the bit due to a runner improving on its outside just before the alleged easing. This was conceded by Mr Veint. Mr Holmes also submitted that the films showed no easing movement from HIGHVIEW EMBER. He said that HIGHVIEW EMBER had shifted out ¼ of a cart on the bend into the back straight which did not cause any interference. He submitted that the interference came from STARLET LARVA due to it scrambling and racing keenly before being eased which in turn caused the interference to the trailing HOLME FIRE and CULLEN’S MERCY. He also stated that what happened was a common racing incident. Mr Anderson stated that HIGHVIEW EMBER had rolled out slightly on the bend and agreed it would have been a shift of about ¼ of a cart width.
Mr Ydgren conceded that HIGHVIEW EMBER had shifted out minimally but with STARLET LAVRA travelling keenly behind HIGHVIEW EMBER it has not taken much of an ease for Mr Veint to have to ease his horse which in turn caused a concertina effect on the trailing runners of which they had to absorb.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that an easing of the pace had occurred near the 2000m and as a result HOLME FIRE had checked and broken from its gait with CULLEN’S MERCY taking fright and also breaking. We were also satisfied that STARLET LAVRA was racing keenly just prior to this incident and was eased shortly after HIGHVIEW EMBER shifted outwards approximately ¼ of a cart width and then shifted back down. We were not however satisfied that there was any discernible easing of the pace by HIGHVIEW EMBER in this movement and believe that STARLET LAVRA had been racing keenly and when being steadied created the concertina effect on the trailing HOLME FIRE and CULLEN’S MERCY.
Taking into consideration all factors, the Committee were not satisfied that HIGHVIEW EMBER had caused interference to the trailing STARLET LAVRA, HOLME FIRE and CULLEN’S MERCY and therefore decided that the protest should be dismissed.
Decision:
The protest was dismissed with placings as they crossed the line confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: R869(8)(a)&(b)
Informant: Mr N Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Stewart-Junior Horseman, Mr M Purvis-Junior Horseman, Mr J Dunn-Open Horseman, Mr A Veint-Junior Horseman, Mr J Curtin - Open Horseman, Mr M Anderson-Junior Horseman, Mr R Holmes-Public Trainer
Respondent: Mr R Holmes-Public Trainer, Mr M Anderson-Junior Driver
StipendSteward:
raceid: 3e1a6c8ffbd39a5262acde37e19ad1e8
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: 70104ee902a33a40b15f146b22884785
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/08/2013
meet_title: NZ Metro TC - 1 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC