NZ Metro TC 25 April 2013 – R 10 (instigating a protest)
ID: JCA14093
Meet Title:
NZ Metro TC - 25 April 2013
Meet Chair:
KHales
Meet Committee Member 1:
JPhelan
Race Date:
2013/04/25
Race Number:
R 10
Decision:
The protest is dismissed and stakes and dividends are to be paid in accordance with the Judge’s placings.
Facts:
Following the running of the “Clarkson Sign Studio – Leaders in Digitally Printed Signage Trot” the Stipendiary Stewards lodged a protest pursuant to Rule 869(8) which reads:
“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:
The Stipendiary Stewards alleged that “Charlie Kaos” (C Ford) when overtaking, came across the line of “Gold Harmony” and in the process, the near front leg of which struck the sulky wheel of Mr Ford’s horse, causing “Gold Harmony” to break from its gait. As a consequence of this, “Gold Harmony” took no further effective part in the race. This incident occurred at approximately the 1000 metres mark at which point “Gold Harmony” was leading.
The video evidence (from several camera angles) showed the incident reasonably clearly.
Mr Ford was of the view that Mr Barron wanted to hand up the lead and understood that Mr Barron had called him through. He thought that in in the process, “Gold Harmony” had moved out and thereby contributed to the interference.
Mr Barron, however, was clearer in his view of the incident. He said that he was going to hold on to the lead but then elected to allow Mr Ford to overtake. He then went on to say that as soon as “Charlie Kaos” put half a length on him that “Gold Harmony” began to “over race” and as a consequence, his horse’s near front leg struck the sulky wheel of “Charlie Kaos” as alleged. In essence, he did not ascribe any real fault to Mr Ford’s driving actions and to all intents and purposes, said that his horse was responsible for the incident.
Mr Ydgren responded by saying that in the Stipendiary Stewards’ opinion, that what Mr Barron described was common when a horse took over the lead when the lead was being handed up, and that there was a duty on the part of the overtaking horseman to keep clear. He said that Mr Ford did not give Mr Barron the appropriate amount of racing room.
Reasons for Decision:
In this case, interference undoubtedly occurred. However, the critical point for consideration by this committee is Mr Barron’s evidence. Mr Barron is an experienced horseman and he was candid in his views of the matter. He was firmly of the view that his horse did not want to hand up the lead, and upon Mr Ford passing him, began to race competitively in the manner that Mr Barron described.
The consequence of this is that we must give Mr Ford the benefit of the doubt. Our interpretation of the matter is that Mr Ford appeared to be using all reasonable care in his overtaking manoeuvre and that Mr Barron’s horse was the author of its own misfortune.
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: 976cdea3edaffbf6956c26c524ce3014
informantnumber: A1601
horsename: CHARLIE KAOS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/04/2013
hearing_title: NZ Metro TC 25 April 2013 - R 10 (instigating a protest)
charge:
facts:
Following the running of the “Clarkson Sign Studio – Leaders in Digitally Printed Signage Trot” the Stipendiary Stewards lodged a protest pursuant to Rule 869(8) which reads:
“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:
The Stipendiary Stewards alleged that “Charlie Kaos” (C Ford) when overtaking, came across the line of “Gold Harmony” and in the process, the near front leg of which struck the sulky wheel of Mr Ford’s horse, causing “Gold Harmony” to break from its gait. As a consequence of this, “Gold Harmony” took no further effective part in the race. This incident occurred at approximately the 1000 metres mark at which point “Gold Harmony” was leading.
The video evidence (from several camera angles) showed the incident reasonably clearly.
Mr Ford was of the view that Mr Barron wanted to hand up the lead and understood that Mr Barron had called him through. He thought that in in the process, “Gold Harmony” had moved out and thereby contributed to the interference.
Mr Barron, however, was clearer in his view of the incident. He said that he was going to hold on to the lead but then elected to allow Mr Ford to overtake. He then went on to say that as soon as “Charlie Kaos” put half a length on him that “Gold Harmony” began to “over race” and as a consequence, his horse’s near front leg struck the sulky wheel of “Charlie Kaos” as alleged. In essence, he did not ascribe any real fault to Mr Ford’s driving actions and to all intents and purposes, said that his horse was responsible for the incident.
Mr Ydgren responded by saying that in the Stipendiary Stewards’ opinion, that what Mr Barron described was common when a horse took over the lead when the lead was being handed up, and that there was a duty on the part of the overtaking horseman to keep clear. He said that Mr Ford did not give Mr Barron the appropriate amount of racing room.
reasonsfordecision:
In this case, interference undoubtedly occurred. However, the critical point for consideration by this committee is Mr Barron’s evidence. Mr Barron is an experienced horseman and he was candid in his views of the matter. He was firmly of the view that his horse did not want to hand up the lead, and upon Mr Ford passing him, began to race competitively in the manner that Mr Barron described.
The consequence of this is that we must give Mr Ford the benefit of the doubt. Our interpretation of the matter is that Mr Ford appeared to be using all reasonable care in his overtaking manoeuvre and that Mr Barron’s horse was the author of its own misfortune.
Decision:
The protest is dismissed and stakes and dividends are to be paid in accordance with the Judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Renault - Stipendiary Steward, Mr K Barron - Open Horseman
Respondent: Mr C Ford - Graduation Horseman
StipendSteward:
raceid: 19e99e0606337c5a82579b7e6c99f5fe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 951519abe9819be02214af045809c9ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/04/2013
meet_title: NZ Metro TC - 25 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC