NZ Metro TC – 13 November 2012 – R 11 (instigating a protest)
ID: JCA12891
Meet Title:
NZ Metro TC - 13 November 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/11/13
Race Number:
R11
Decision:
The protest was dismissed and it was ordered that dividends and stakes be paid in accordance with the judge’s placings.
Facts:
Following the running of Race 11, The Recruitment Network Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, alleging that GREGORY R (A M Butt), placed 4th by the judge, “broke prior to the finishing line and continued on over the finishing line”.
The judge’s placings were as follows:
1st Master Lavros
2nd Pretty Sunday
3rd Yankee One
4th Gregory R
5th Black Forest
Mr Butt was present at the hearing of the information and he indicated that he was representing the connections of GREGORY R at the protest hearing. He told the Committee that the protest was contested.
Rule 870 provides as follows:
(5) Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869 (8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
Submissions for Decision:
Mr Ydgren showed a video replay of the final 200 metres of the race. He pointed out GREGORY R, driven by Mr Butt, widest on the track, nearing the finishing line. He said that the Stewards were alleging that GREGORY R had broken from its gait just prior to the finishing line and galloped across the finishing line. The horse had trotted roughly for a couple of strides and then galloped, Mr Ydgren alleged. It was only just before the line but it was before the line, he said. Mr Ydgren showed the finish in slow motion and paused the replay, as near as possible to when the horse’s nose reached the finishing line.
Mr Ydgren produced a photo finish. Mr Butt objected to this, submitting that it could not be relied on as it distorted a horse’s gait. He submitted that the Committee should rely purely on the video.
Mr Butt said that the horse had trotted roughly for the last 50 metres. He pointed out that a horse had to be trotting when its nose hit the line. He submitted that the horse had galloped a stride after the line. He pointed out the horse’s front legs, still in a trotting gait albeit roughly, until it was a half length past the line, he said. He submitted that there was too much doubt and that the benefit of that doubt had to be given to the horse.
In response, Mr Ydgren submitted that the horse had galloped “probably the stride before the post”. He conceded that a horse’s legs did tend to be distorted in a photo finish and it was difficult to be certain.
In response to a question from the Committee, Mr Ydgren advised that the Stewards were seeking relegation of GREGORY R to 9th placing on the basis that it was lapped on by the 5th, 6th, 7th, 8th and 9th horses.
Reasons for Decision:
This protest was brought under the Rule commonly referred to as the “lapped on Rule”. In this case, it is not disputed that GREGORY R, placed 4th by the judge, was lapped on by a number of other runners. However, for the Rule to apply, the Committee needs to be satisfied that GREGORY R was not in its correct gait when its nose reached the finishing line. We heard submissions from Mr Ydgren and Mr Butt and we carefully viewed the video replay of the finish in real speed, slow motion and in pause mode. We also had the judge’s photo finish of the race made available to us. After considering all of that evidence, we found that there was sufficient doubt and, therefore, we were unable to be satisfied, to the required standard, that GREGORY R was not in its correct gait when its nose reached the finishing line.
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: 6563f10744c1fde7c49bb3474f192b3b
informantnumber: A5276
horsename: Gregory R
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/10/2012
hearing_title: NZ Metro TC - 13 November 2012 - R 11 (instigating a protest)
charge:
facts:
Following the running of Race 11, The Recruitment Network Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, alleging that GREGORY R (A M Butt), placed 4th by the judge, “broke prior to the finishing line and continued on over the finishing line”.
The judge’s placings were as follows:
1st Master Lavros
2nd Pretty Sunday
3rd Yankee One
4th Gregory R
5th Black Forest
Mr Butt was present at the hearing of the information and he indicated that he was representing the connections of GREGORY R at the protest hearing. He told the Committee that the protest was contested.
Rule 870 provides as follows:
(5) Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869 (8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the final 200 metres of the race. He pointed out GREGORY R, driven by Mr Butt, widest on the track, nearing the finishing line. He said that the Stewards were alleging that GREGORY R had broken from its gait just prior to the finishing line and galloped across the finishing line. The horse had trotted roughly for a couple of strides and then galloped, Mr Ydgren alleged. It was only just before the line but it was before the line, he said. Mr Ydgren showed the finish in slow motion and paused the replay, as near as possible to when the horse’s nose reached the finishing line.
Mr Ydgren produced a photo finish. Mr Butt objected to this, submitting that it could not be relied on as it distorted a horse’s gait. He submitted that the Committee should rely purely on the video.
Mr Butt said that the horse had trotted roughly for the last 50 metres. He pointed out that a horse had to be trotting when its nose hit the line. He submitted that the horse had galloped a stride after the line. He pointed out the horse’s front legs, still in a trotting gait albeit roughly, until it was a half length past the line, he said. He submitted that there was too much doubt and that the benefit of that doubt had to be given to the horse.
In response, Mr Ydgren submitted that the horse had galloped “probably the stride before the post”. He conceded that a horse’s legs did tend to be distorted in a photo finish and it was difficult to be certain.
In response to a question from the Committee, Mr Ydgren advised that the Stewards were seeking relegation of GREGORY R to 9th placing on the basis that it was lapped on by the 5th, 6th, 7th, 8th and 9th horses.
reasonsfordecision:
This protest was brought under the Rule commonly referred to as the “lapped on Rule”. In this case, it is not disputed that GREGORY R, placed 4th by the judge, was lapped on by a number of other runners. However, for the Rule to apply, the Committee needs to be satisfied that GREGORY R was not in its correct gait when its nose reached the finishing line. We heard submissions from Mr Ydgren and Mr Butt and we carefully viewed the video replay of the finish in real speed, slow motion and in pause mode. We also had the judge’s photo finish of the race made available to us. After considering all of that evidence, we found that there was sufficient doubt and, therefore, we were unable to be satisfied, to the required standard, that GREGORY R was not in its correct gait when its nose reached the finishing line.
Decision:
The protest was dismissed and it was ordered that dividends and stakes be paid in accordance with the judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: A M Butt, Licensed Open Driver
StipendSteward:
raceid: db8df7002911df23b5a21a286327b175
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: e960e35ef61555fe0979d8a7c76dafd6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/11/2012
meet_title: NZ Metro TC - 13 November 2012
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