NZ Metro TC 20 March 2015 – R 4 (instigating a protest)
ID: JCA13774
Meet Title:
NZ Metro TC - 20 March 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/03/20
Race Number:
R4
Decision:
Leave to withdraw the protest was granted and it was ordered that dividends and stake moneys be paid in accordance with the judge’s official result.
Facts:
Following the running of Race 4, Storer Motors NZ Trotting Oaks (Group 2), an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against HABIBTI IVY (B N Orange) placed 1st by the judge, on the ground that it “moved inside the track marker line for more than 30 metres on the final bend”.
Rule 869 provides as follows:
(7B) Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race except where:
(a) it is established that the breach was caused by interference by another horse or horseman; or
(b) it is established that the horse did not gain any advantage from the breach in its finishing place or position.
Mr Orange was present at the hearing of the information and he indicated that he was representing the connections of HABIBTI IVY at the protest hearing.
The judge’s official placing's for the race were:
1st 2 Habibti Ivy
2nd 10 Sunny Ruby
3rd 6 Fiery Mountain Girl
4th 8 Arya
5th 11 Wanna Play
The official winning margin was 2¼ lengths.
Submissions for Decision:
Mr McIntyre showed a video replay of the race as the field neared the final turn. He said that the leader, ARYA, was racing very “tight” on the pylons and, in fact, it went inside one pylon. He pointed out HABIBTI IVY, driven by Mr Orange, directly on the back of the leader, with its head turned outwards.
Mr McIntyre submitted that it was clear from the video replays that HABIBTI IVY “tracked down” on ARYA and over the pylons. He further submitted that the former had raced inside the pylons for more than 30 metres. The question for the Committee, Mr McIntyre submitted, was had HABIBTI IVY gained any advantage from being inside the marker line. He referred to the winning margin of 2¼ lengths. HABIBTI IVY was always going to get the run that it did get, Mr McIntyre said.
A map of the track was then produced showing the positions of the pylons at the relevant part of the track and the distances between them. Mr McIntyre said that the track markers were 9.4 metres apart. He submitted that it could be established, after viewing the track map, that the sulky wheel of HABIBTI IVY had only been inside the track markers for a distance of less that 30 metres and, therefore, the ground on which the protest had been brought could not be proved.
Mr McIntyre sought the leave of the Committee to withdraw the protest.
Reasons for Decision:
The Committee was satisfied that it could not be established, on the basis of the video evidence and the distances between track markers as shown on the track map, that HABIBTI IVY had breached Rule 869 (7) (b) by its sulky wheel moving inside the track marker line for more than 30 metres.
JCA Decision Fields (raw)
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hearingid: 62c5204fb34e549abc572409bc7cc1d0
informantnumber: A4430
horsename: Habibti Ivy
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/03/2015
hearing_title: NZ Metro TC 20 March 2015 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, Storer Motors NZ Trotting Oaks (Group 2), an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against HABIBTI IVY (B N Orange) placed 1st by the judge, on the ground that it “moved inside the track marker line for more than 30 metres on the final bend”.
Rule 869 provides as follows:
(7B) Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in a race the horse shall be disqualified from that race except where:
(a) it is established that the breach was caused by interference by another horse or horseman; or
(b) it is established that the horse did not gain any advantage from the breach in its finishing place or position.
Mr Orange was present at the hearing of the information and he indicated that he was representing the connections of HABIBTI IVY at the protest hearing.
The judge’s official placing's for the race were:
1st 2 Habibti Ivy
2nd 10 Sunny Ruby
3rd 6 Fiery Mountain Girl
4th 8 Arya
5th 11 Wanna Play
The official winning margin was 2¼ lengths.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed a video replay of the race as the field neared the final turn. He said that the leader, ARYA, was racing very “tight” on the pylons and, in fact, it went inside one pylon. He pointed out HABIBTI IVY, driven by Mr Orange, directly on the back of the leader, with its head turned outwards.
Mr McIntyre submitted that it was clear from the video replays that HABIBTI IVY “tracked down” on ARYA and over the pylons. He further submitted that the former had raced inside the pylons for more than 30 metres. The question for the Committee, Mr McIntyre submitted, was had HABIBTI IVY gained any advantage from being inside the marker line. He referred to the winning margin of 2¼ lengths. HABIBTI IVY was always going to get the run that it did get, Mr McIntyre said.
A map of the track was then produced showing the positions of the pylons at the relevant part of the track and the distances between them. Mr McIntyre said that the track markers were 9.4 metres apart. He submitted that it could be established, after viewing the track map, that the sulky wheel of HABIBTI IVY had only been inside the track markers for a distance of less that 30 metres and, therefore, the ground on which the protest had been brought could not be proved.
Mr McIntyre sought the leave of the Committee to withdraw the protest.
reasonsfordecision:
The Committee was satisfied that it could not be established, on the basis of the video evidence and the distances between track markers as shown on the track map, that HABIBTI IVY had breached Rule 869 (7) (b) by its sulky wheel moving inside the track marker line for more than 30 metres.
Decision:
Leave to withdraw the protest was granted and it was ordered that dividends and stake moneys be paid in accordance with the judge’s official result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7B)
Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr B N Orange - Licensed Open Horseman
StipendSteward:
raceid: 9535f497e94f1201c035d945a568e965
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b63336be0a18ef551f6aa73c1ee12779
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/03/2015
meet_title: NZ Metro TC - 20 March 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC