NZ Metro TC 7 April 2012 – R 5 (instigating a protest)
ID: JCA13238
Meet Title:
NZ Metro TC - 7 April 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/04/07
Race Number:
R 5
Decision:
On resuming the hearing neither party was present. We gave our reasons, as set out above, and we advised that the protest was dismissed, and the Judge’s placing stood.
Facts:
Following the running of Race 5, the “Glenferrie Farm” New Zealand Trotting Stakes, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging interference by “Astral Traveller” (5), which finished 5th in the race, to “Eye To Eye” (1), which was unplaced.
The Judge’s placings in this race were as follows:
1st – Habibti (7)
2nd – Sheemon (11)
3rd – Paramount Queen (10)
4th – Rosemma (3)
5th – Astral Traveller (5)
6th – Quite A Momen (8)
The Information reads as follows:
“I the above named informant allege that horse number (5) or its driver placed 5th by the Judge interfered with the chances horse number (1) unplaced by the Judge – Astral Traveller driven by A. Butt crowded the running of Eye To Eye rounding the first turn resulting in Eye To Eye being checked and breaking.”
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 “Astral Traveller” were represented at this hearing by Mr A. M. Butt the driver of that horse. Mr A. L. Clark, the driver, trainer and part owner of “Eye To Eye” represented the connections of that horse.
Submissions for Decision:
Mr Clark gave evidence that he had drawn barrier one in this 1950 metre mobile start race. Shortly after the start “Astral Traveller” had moved across his horse with the result that on reaching the first turn he ran out of room, struck several pylons, broke and lost his chance.
Mr McIntyre gave evidence and used video coverage to illustrate this incident. It was shown that “Eye To Eye” had drawn barrier (1) and “Astral Traveller” barrier (5). Shortly after the start these two horses were next to each other and “Astral Traveller” was making a forward move and also moving inwards towards the marker line. As a result, it was alleged, “Eye To Eye” ran out of room on the turn out of the straight, struck pylons, and broke.
Mr Butt gave evidence and also used video coverage. He said that “Eye To Eye” had not kept a straight line after the start, but had moved outwards towards his horse. As a result the two horses had come close together, but there was no contact. Mr Butt showed on the video coverage that when “Eye To Eye” had struck the pylons there was a clear gap between the sulky wheels. It was Mr Butt’s contention that “Eye To Eye” had enough room to avoid striking the pylons, but had over reacted to the situation.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and we had seen the video coverage of the incident on many occasions. We were satisfied that “Eye To Eye” struck several pylons and broke on the first turn in this 1950 metre mobile start race. The evidence of Mr Clark was that “Astral Traveller” crowded “Eye To Eye” onto the running line where it struck pylons and broke.
Mr Butt gave evidence that “Eye To Eye” had run out shortly before this incident and that it had over reacted when he came alongside. He pointed out that there was a substantial gap between his wheel and Mr Clark’s wheel when “Eye To Eye” struck the pylons.
After reviewing the evidence we were not satisfied that the cause of “Eye To Eye” striking the pylons was attributable to Mr Butt’s driving, and that the protest would be dismissed.
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: 565134c60e4bec000ce0a6f11e926b88
informantnumber: A5088
horsename: ASTRAL TRAVELLER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/04/2012
hearing_title: NZ Metro TC 7 April 2012 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, the “Glenferrie Farm” New Zealand Trotting Stakes, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging interference by “Astral Traveller” (5), which finished 5th in the race, to “Eye To Eye” (1), which was unplaced.
The Judge’s placings in this race were as follows:
1st – Habibti (7)
2nd – Sheemon (11)
3rd – Paramount Queen (10)
4th – Rosemma (3)
5th – Astral Traveller (5)
6th – Quite A Momen (8)
The Information reads as follows:
“I the above named informant allege that horse number (5) or its driver placed 5th by the Judge interfered with the chances horse number (1) unplaced by the Judge – Astral Traveller driven by A. Butt crowded the running of Eye To Eye rounding the first turn resulting in Eye To Eye being checked and breaking.”
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 “Astral Traveller” were represented at this hearing by Mr A. M. Butt the driver of that horse. Mr A. L. Clark, the driver, trainer and part owner of “Eye To Eye” represented the connections of that horse.
appealdecision:
isappeal:
submissionsfordecision:
Mr Clark gave evidence that he had drawn barrier one in this 1950 metre mobile start race. Shortly after the start “Astral Traveller” had moved across his horse with the result that on reaching the first turn he ran out of room, struck several pylons, broke and lost his chance.
Mr McIntyre gave evidence and used video coverage to illustrate this incident. It was shown that “Eye To Eye” had drawn barrier (1) and “Astral Traveller” barrier (5). Shortly after the start these two horses were next to each other and “Astral Traveller” was making a forward move and also moving inwards towards the marker line. As a result, it was alleged, “Eye To Eye” ran out of room on the turn out of the straight, struck pylons, and broke.
Mr Butt gave evidence and also used video coverage. He said that “Eye To Eye” had not kept a straight line after the start, but had moved outwards towards his horse. As a result the two horses had come close together, but there was no contact. Mr Butt showed on the video coverage that when “Eye To Eye” had struck the pylons there was a clear gap between the sulky wheels. It was Mr Butt’s contention that “Eye To Eye” had enough room to avoid striking the pylons, but had over reacted to the situation.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and we had seen the video coverage of the incident on many occasions. We were satisfied that “Eye To Eye” struck several pylons and broke on the first turn in this 1950 metre mobile start race. The evidence of Mr Clark was that “Astral Traveller” crowded “Eye To Eye” onto the running line where it struck pylons and broke.
Mr Butt gave evidence that “Eye To Eye” had run out shortly before this incident and that it had over reacted when he came alongside. He pointed out that there was a substantial gap between his wheel and Mr Clark’s wheel when “Eye To Eye” struck the pylons.
After reviewing the evidence we were not satisfied that the cause of “Eye To Eye” striking the pylons was attributable to Mr Butt’s driving, and that the protest would be dismissed.
Decision:
On resuming the hearing neither party was present. We gave our reasons, as set out above, and we advised that the protest was dismissed, and the Judge’s placing stood.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr A L Clark - Open Horseman (Driver of EYE TO EYE)
Respondent: Mr A M Butt - Open Horseman
StipendSteward:
raceid: 080636c7e43f1920d4d4b994191a25df
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: e9a322bf357a70711c33ad572eb02ddf
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/04/2012
meet_title: NZ Metro TC - 7 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC