NZ Metro TC 29 July 2012 – R 2 (instigating a protest)
ID: JCA14083
Meet Title:
NZ Metro TC - 29 July 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/07/29
Race Number:
R2
Decision:
The protest was upheld and “Cloudy Beach” was disqualified from 3rd place. Consequent upon the disqualification, the amended result for the race is as follows:
1st - The Next Step (2)
2nd - Miss Milwaukee (4)
3rd - Broadway Classic (6)
4th - Silver Pocket (7)
5th - Darryl Hanover (3)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 2, the Bishopdale-Bush Inn TAB Amateur Drivers Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N.M Ydgren alleging interference by “Cloudy Beach” (8) which finished in 3rd place, driven by Mr S P Murtha, to “Motu Just In Time” (5), driven by Miss J Knox, which was unplaced and was pulled up, alleging interference near the 2300m.
The Information reads as follows.
“That the above named respondent committed a breach of Rule 869(8)(a)(b) in that interference occurred on the first bend to “Motu Just In Time” from “Cloudy Beach”
The Judges Placings were as follows:
1st - The Next Step (2)
2nd - Miss Milwaukee (4)
3rd - Cloudy Beach (8)
4th - Broadway Classic (6)
5th - Silver Pocket (7)
6th - Darryl Hanover (3)
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 “Cloudy Beach” were represented at this hearing by Mr S P Murtha, and Mr G R Anderson and Miss J Knox represented the connections of “Motu Just In Time”.
Submissions for Decision:
Mr Ydgren gave evidence and used video replays, with the assistance of Mr N G McIntyre, of the incident to show that near the 2300m, “Cloudy Beach” driven by Mr S P Murtha, was racing in a 3 wide position on the outside of “Motu Just In Time”, driven by Miss J Knox. Mr Ydgren alleged that “Cloudy Beach” when progressing forward past “Motu Just In Time” shifted down on the track when not sufficiently clear and put “Motu Just In Time” in restricted room. Mr Ydgren stated that as a result of Mr Murtha’s inwards movement Miss Knox had to take evasive action and as a result her horse galloped and her sulky wheel received a puncture. He submitted that this effectively extinguished “Motu Just In Time” ‘s chances in the event.
Miss Knox gave evidence that she was racing in the 2 wide line, had yet to pull the shorteners, and just prior to the 2300m when Mr Murtha’s horse “took my horses legs out” which caused her horse to gallop. She stated that she had to take hold of her horse which resulted in the trailing runner striking her sulky wheel causing a puncture.
When questioned by Mr Ydgren Miss Knox stated that contact had not been made between “Cloudy Beach” and “Motu Just In Time” when the interference occurred.
Mr Murtha submitted that there was not any contact between his sulky and “Motu Just In Time”. He also submitted that he was clear during the inward movement and the reason “Motu Just In Time” broke was that Miss Knox was reaching down to pull the shorteners when her horse lunged forward and tightened the gap between both horses as he was shifting ground inwards.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Motu Just In Time” did break and lose all chance when “Cloudy Beach” was progressing forward and attempting to take a position in the 2 wide line immediately ahead of “Motu Just In Time”. The video evidence was compelling where it was clear on the relevant replays that “Cloudy Beach” was not clear when making an inward movement causing “Motu Just In Time” to break. The Committee were satisfied that the interference to “Motu Just In Time” affected the progress or chances of that horse.
Taking all the above matters into account we decided that this protest should be upheld and “Cloudy Beach” disqualified from 3rd place.
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: 964702c209fa1080de2c57a253b3d026
informantnumber: A5188
horsename: CLOUDY BEACH
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/07/2012
hearing_title: NZ Metro TC 29 July 2012 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, the Bishopdale-Bush Inn TAB Amateur Drivers Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N.M Ydgren alleging interference by “Cloudy Beach” (8) which finished in 3rd place, driven by Mr S P Murtha, to “Motu Just In Time” (5), driven by Miss J Knox, which was unplaced and was pulled up, alleging interference near the 2300m.
The Information reads as follows.
“That the above named respondent committed a breach of Rule 869(8)(a)(b) in that interference occurred on the first bend to “Motu Just In Time” from “Cloudy Beach”
The Judges Placings were as follows:
1st - The Next Step (2)
2nd - Miss Milwaukee (4)
3rd - Cloudy Beach (8)
4th - Broadway Classic (6)
5th - Silver Pocket (7)
6th - Darryl Hanover (3)
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 “Cloudy Beach” were represented at this hearing by Mr S P Murtha, and Mr G R Anderson and Miss J Knox represented the connections of “Motu Just In Time”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video replays, with the assistance of Mr N G McIntyre, of the incident to show that near the 2300m, “Cloudy Beach” driven by Mr S P Murtha, was racing in a 3 wide position on the outside of “Motu Just In Time”, driven by Miss J Knox. Mr Ydgren alleged that “Cloudy Beach” when progressing forward past “Motu Just In Time” shifted down on the track when not sufficiently clear and put “Motu Just In Time” in restricted room. Mr Ydgren stated that as a result of Mr Murtha’s inwards movement Miss Knox had to take evasive action and as a result her horse galloped and her sulky wheel received a puncture. He submitted that this effectively extinguished “Motu Just In Time” ‘s chances in the event.
Miss Knox gave evidence that she was racing in the 2 wide line, had yet to pull the shorteners, and just prior to the 2300m when Mr Murtha’s horse “took my horses legs out” which caused her horse to gallop. She stated that she had to take hold of her horse which resulted in the trailing runner striking her sulky wheel causing a puncture.
When questioned by Mr Ydgren Miss Knox stated that contact had not been made between “Cloudy Beach” and “Motu Just In Time” when the interference occurred.
Mr Murtha submitted that there was not any contact between his sulky and “Motu Just In Time”. He also submitted that he was clear during the inward movement and the reason “Motu Just In Time” broke was that Miss Knox was reaching down to pull the shorteners when her horse lunged forward and tightened the gap between both horses as he was shifting ground inwards.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Motu Just In Time” did break and lose all chance when “Cloudy Beach” was progressing forward and attempting to take a position in the 2 wide line immediately ahead of “Motu Just In Time”. The video evidence was compelling where it was clear on the relevant replays that “Cloudy Beach” was not clear when making an inward movement causing “Motu Just In Time” to break. The Committee were satisfied that the interference to “Motu Just In Time” affected the progress or chances of that horse.
Taking all the above matters into account we decided that this protest should be upheld and “Cloudy Beach” disqualified from 3rd place.
Decision:
The protest was upheld and “Cloudy Beach” was disqualified from 3rd place. Consequent upon the disqualification, the amended result for the race is as follows:
1st - The Next Step (2)
2nd - Miss Milwaukee (4)
3rd - Broadway Classic (6)
4th - Silver Pocket (7)
5th - Darryl Hanover (3)
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: N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: J Knox - Amateur Driver, G R Anderson - Public Trainer, N G McIntyre - Stipendiary Steward
Respondent: S P Murtha - Advanced Amateur Driver
StipendSteward:
raceid: 5a56ad37ef1eb8ebe04a7fb1196a8c02
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1524c293e80791d06c2c73e43be2642f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/07/2012
meet_title: NZ Metro TC - 29 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC