Archive Decision

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NZ Metro TC 11 November 2011 – R 11 (instigating a protest)

ID: JCA12840

Applicant:
Mr N G McIntyre - Stipendiary Steward

Respondent(s):
Mr R T May - Licensed Open Horseman, Mr L J Hanrahan - Co-owner

Information Number:
A1027

Hearing Type:
Protest

Rules:
869(8)

Meet Title:
NZ Metro TC - 11 November 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JPhelan

Race Date:
2011/11/11

Race Number:
R11

Decision:

The protest was upheld and TEN DIAMONDS was relegated to 13th placing. Consequent upon the relegation, the amended result for the race is as follows:

1st    5 Paddy Brown
2nd 13 Miss Elsie
3rd 14  Supreme Gem
4th    2 Hollywood Sue
5th    3 Sue Dinka

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

Facts:

Following the running of Race 11, Peninsular Beachfront Resort “Mooloolaba” Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by PARADISE CITY (M J Williamson), which lost its driver, against TEN DIAMONDS (R T May) placed 4th by the judge, alleging that, “in the early stages of the run home TEN DIAMONDS shifted outwards severely checking PARADISE CITY causing this horse to lose its driver”.

Mr L J Hanrahan, part-owner of TEN DIAMONDS, was present at the hearing of the information.

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:

At the commencement of the hearing, Mr Hanrahan indicated that the protest was not contested by the connections of TEN DIAMONDS.

Mr McIntyre showed a video replay of the final stages of the race. He pointed out TEN DIAMONDS, driven by Mr May, which was racing outside the leader PADDY BROWN, veer out quite sharply, approximately 250 metres from the finish, and come into contact with PARADISE CITY on its outside. As a result PARADISE CITY broke from its gait and dislodged its driver, Mr Williamson.

Reasons for Decision:

It was clear that TEN DIAMONDS had caused severe interference to PARADISE CITY as alleged. The latter runner was still in contention at that stage of the race and its chances were completely extinguished. Mr Hanrahan, on behalf of the connections of TEN DIAMONDS, did not contest the protest. It was a clear case for relegation. 

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: 5f29d5274afc40c87bdf28346827abd1


informantnumber: A1027


horsename: TEN DIAMONDS


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 14/11/2011


hearing_title: NZ Metro TC 11 November 2011 - R 11 (instigating a protest)


charge:


facts:

Following the running of Race 11, Peninsular Beachfront Resort “Mooloolaba” Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by PARADISE CITY (M J Williamson), which lost its driver, against TEN DIAMONDS (R T May) placed 4th by the judge, alleging that, “in the early stages of the run home TEN DIAMONDS shifted outwards severely checking PARADISE CITY causing this horse to lose its driver”.

Mr L J Hanrahan, part-owner of TEN DIAMONDS, was present at the hearing of the information.

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:

At the commencement of the hearing, Mr Hanrahan indicated that the protest was not contested by the connections of TEN DIAMONDS.

Mr McIntyre showed a video replay of the final stages of the race. He pointed out TEN DIAMONDS, driven by Mr May, which was racing outside the leader PADDY BROWN, veer out quite sharply, approximately 250 metres from the finish, and come into contact with PARADISE CITY on its outside. As a result PARADISE CITY broke from its gait and dislodged its driver, Mr Williamson.


reasonsfordecision:

It was clear that TEN DIAMONDS had caused severe interference to PARADISE CITY as alleged. The latter runner was still in contention at that stage of the race and its chances were completely extinguished. Mr Hanrahan, on behalf of the connections of TEN DIAMONDS, did not contest the protest. It was a clear case for relegation. 


Decision:

The protest was upheld and TEN DIAMONDS was relegated to 13th placing. Consequent upon the relegation, the amended result for the race is as follows:

1st    5 Paddy Brown
2nd 13 Miss Elsie
3rd 14  Supreme Gem
4th    2 Hollywood Sue
5th    3 Sue Dinka

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: Mr N G McIntyre - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr R T May - Licensed Open Horseman, Mr L J Hanrahan - Co-owner


StipendSteward:


raceid: b32a30a6562b657545a1831fab1d2575


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 64aa3911fa0b68afb487951af00ee8bd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/11/2011


meet_title: NZ Metro TC - 11 November 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: JPhelan


meet_pm2: none


name: NZ Metro TC