Archive Decision

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NZ Metro TC 22 August 2014 – R 7 (instigating a protest)

ID: JCA12650

Applicant:
C J Allison - Stipendiary Steward

Respondent(s):
K M Cox, Licensed Junior Driver

Information Number:
A1401

Hearing Type:
Protest

Rules:
869(8)

Meet Title:
NZ Metro TC - 22 August 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2014/08/22

Race Number:
R7

Decision:

The protest was upheld and WOODLEA LEGEND was disqualified from the race.

Consequent upon the disqualification, the amended result for the race is as follows:

1st 11  Dalton Bromac
2nd  2  Franco Harrington
3rd 10  Lewy Risk
4th 12  Hairy Maclary
5th   5  Givethejobtobarnsy

It was ordered that dividends and stakes be paid in accordance with that amended result. 

Facts:

Following the running of Race 7, Your Shout Linwood Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr C J Allison, on behalf of FLORIN (M C Purvis), which was pulled up, against WOODLEA LEGEND (K M Cox), placed 5th by the judge, on the grounds that “approaching the first bend WOODLEA LEGEND (K M Cox) hung inwards causing tightening to MACHS A FLYIN (J D Harrington) and FLORIN (M C Purvis) which locked wheels”.

Mr T M Twidle, part-owner and trainer of WOODLEA LEGEND, had endorsed and signed on the information form “I do not wish to be present”.

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.

The judge’s placings were as follows:

1st  11  Dalton Bromac
2nd  2  Franco Harrington
3rd 10  Lewy Risk
4th 12  Hairy Maclary
5th   6  Woodlea Legend

Submissions for Decision:

Mr Allison told the Committee that Mr Twidle had attended the Stewards’ Room post-race and had viewed video replays of the incident with driver, Miss Cox (with Licensed Open Horseman J R Dunn assisting her). They acknowledged that WOODLEA LEGEND had hung inwards, despite Miss Cox making every endeavour to keep the horse straight.

Mr Allison had Stipendiary Steward, Mr S T Mulcay, show the incident on video replays. Mr Mulcay pointed out WOODLEA LEGEND, racing 4-wide, approaching the first bend (after the start of the 1950 metres mobile start event). Immediately to its inside was MACHS A FLYIN, with FLORIN racing on the inside of those two runners. WOODLEA LEGEND had then hung inwards causing the other two runners to lock wheels. MACHS A FLYIN broke briefly. FLORIN sustained a punctured tyre when DALTON BROMAC, which was following it, struck its inside sulky wheel. Mr Purvis could be seen on the video to look down at his sulky wheel. FLORIN was pulled up shortly thereafter. Mr Allison said that no blame could be attached to the driver of DALTON BROMAC (R D Close) as those horses had come back on him “rather rapidly” and he was unable to avoid them. The horse that was to blame for the incident, Mr Allison submitted, was WOODLEA LEGEND.

Mr Allison pointed out to the Committee that the protest against the 5th placed runner had been lodged because there was a stake of $225 payable for 5th placing in the race. He sought disqualification of WOODLEA LEGEND.

Reasons for Decision:

The Committee was satisfied that WOODLEA LEGEND had hung in approaching the first bend, just after the start, causing tightening to MACHS A FLYIN and FLORIN, and causing those two runners to lock wheels. As a consequence, DALTON BROMAC, which was following FLORIN, struck the sulky wheel of FLORIN causing the tyre to deflate, with that runner being pulled up shortly after.

The Committee was clearly satisfied that WOODLEA LEGEND had caused interference to FLORIN and, further, that the progress or chances of that latter runner were affected as a result of that interference. It sustained a punctured tyre and was pulled up. 

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: 4419e716ecd7b69bbc5aac3b06702e36


informantnumber: A1401


horsename: Woodlea Legend


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/08/2014


hearing_title: NZ Metro TC 22 August 2014 - R 7 (instigating a protest)


charge:


facts:

Following the running of Race 7, Your Shout Linwood Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr C J Allison, on behalf of FLORIN (M C Purvis), which was pulled up, against WOODLEA LEGEND (K M Cox), placed 5th by the judge, on the grounds that “approaching the first bend WOODLEA LEGEND (K M Cox) hung inwards causing tightening to MACHS A FLYIN (J D Harrington) and FLORIN (M C Purvis) which locked wheels”.

Mr T M Twidle, part-owner and trainer of WOODLEA LEGEND, had endorsed and signed on the information form “I do not wish to be present”.

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.

The judge’s placings were as follows:

1st  11  Dalton Bromac
2nd  2  Franco Harrington
3rd 10  Lewy Risk
4th 12  Hairy Maclary
5th   6  Woodlea Legend


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison told the Committee that Mr Twidle had attended the Stewards’ Room post-race and had viewed video replays of the incident with driver, Miss Cox (with Licensed Open Horseman J R Dunn assisting her). They acknowledged that WOODLEA LEGEND had hung inwards, despite Miss Cox making every endeavour to keep the horse straight.

Mr Allison had Stipendiary Steward, Mr S T Mulcay, show the incident on video replays. Mr Mulcay pointed out WOODLEA LEGEND, racing 4-wide, approaching the first bend (after the start of the 1950 metres mobile start event). Immediately to its inside was MACHS A FLYIN, with FLORIN racing on the inside of those two runners. WOODLEA LEGEND had then hung inwards causing the other two runners to lock wheels. MACHS A FLYIN broke briefly. FLORIN sustained a punctured tyre when DALTON BROMAC, which was following it, struck its inside sulky wheel. Mr Purvis could be seen on the video to look down at his sulky wheel. FLORIN was pulled up shortly thereafter. Mr Allison said that no blame could be attached to the driver of DALTON BROMAC (R D Close) as those horses had come back on him “rather rapidly” and he was unable to avoid them. The horse that was to blame for the incident, Mr Allison submitted, was WOODLEA LEGEND.

Mr Allison pointed out to the Committee that the protest against the 5th placed runner had been lodged because there was a stake of $225 payable for 5th placing in the race. He sought disqualification of WOODLEA LEGEND.


reasonsfordecision:

The Committee was satisfied that WOODLEA LEGEND had hung in approaching the first bend, just after the start, causing tightening to MACHS A FLYIN and FLORIN, and causing those two runners to lock wheels. As a consequence, DALTON BROMAC, which was following FLORIN, struck the sulky wheel of FLORIN causing the tyre to deflate, with that runner being pulled up shortly after.

The Committee was clearly satisfied that WOODLEA LEGEND had caused interference to FLORIN and, further, that the progress or chances of that latter runner were affected as a result of that interference. It sustained a punctured tyre and was pulled up. 


Decision:

The protest was upheld and WOODLEA LEGEND was disqualified from the race.

Consequent upon the disqualification, the amended result for the race is as follows:

1st 11  Dalton Bromac
2nd  2  Franco Harrington
3rd 10  Lewy Risk
4th 12  Hairy Maclary
5th   5  Givethejobtobarnsy

It was ordered that dividends and stakes be paid in accordance with that amended result. 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)


Informant: C J Allison - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: K M Cox, Licensed Junior Driver


StipendSteward:


raceid: 8e649a833ca33507e898d59e0bdd7062


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: dd2b340f1e33f2363231480b10848135


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/08/2014


meet_title: NZ Metro TC - 22 August 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: NZ Metro TC