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NZ Metro TC 20 December 2011 – R5

ID: JCA14214

Applicant:
Mr N M Ydgren - Stipendiary Steward

Respondent(s):
Mr K O'Reilly - Open Horseman

Information Number:
A5334

Hearing Type:
Protest

Rules:
869 (8)

Decision:

 

Uncontested evidence given at hearing clearly established that at the 2100 metre mark, “Highview Leo” hung down when not clear of “Washington Star”, causing the later to go in to break and to lose approximately 10 metres. This had effectively caused “Washington Star” to lose any chance in the race.

Facts:

 

Following the running of Race 5, the “Blue Star Taxis Will Get You Home Safe Pace” an Information Instigating a Protest was filed by Stipendiary Steward Mr Ydgren alleging interference by “Highview Leo” (15), driven by Mr K O’Reilly, to “Washington Star” (14), driven by Mr I Cameron.
 
The Judges placings in this race were as follows;
 
1st – Gogetem (11)
2nd- Highview Leo (15)
3rd-   Onedin Classic (12)
4th-   Lady Lizzie (5)
5th-   Warrior Within (6)
6th-   Luxor (17)
 
The Information reads as follows;
 
“At about the 2100 Highview Leo hung down the track checking Washington Star into a gallop”
 
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 contact 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-
 
(c)   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:

 

Stipendiary Steward Mr McIntyre used the race video to illustrate that at the 2100 metre mark, at the apex of the curve in the track, Highview Leo” driven by Mr O’Reilly had hung down when not clear of “Washington Star” driven by Mr Cameron and caused the latter to go into a break. Mr McIntyre illustrated that “Washington Star’, as a result had lost about 10 metres.
 
Mr Cameron gave evidence that “Highview Leo” had “ducked in sharply” and caused “Washington Star” to break from its proper gait.   He stated that as a result he lost any chance in the race.
 
Mr O’Reilly accepted the accuracy of the evidence given and did not contest it.
 
Again through the use of the race video the Stipendiary Stewards illustrated that “Washington Star” finished approximately 20 metres from “Highview Leo” at the finish of the race.
 
Mr Ydgren made a submission that “Highview Leo” should be relegated to 7th place behind “Washington Star”
 

Reasons for Decision:

 

Uncontested evidence given at hearing clearly established that at the 2100 metre mark, “Highview Leo” hung down when not clear of “Washington Star”, causing the later to go in to break and to lose approximately 10 metres. This had effectively caused “Washington Star” to lose any chance in the race.

Decision Date: 20/12/2011

Publish Date: 20/12/2011

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: a866f9bf4bb1cfc3dd0b06679ca88c14

informantnumber: A5334

horsename: Highview Leo

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 20/12/2011

hearing_title: NZ Metro TC 20 December 2011 - R5

charge:

facts:

 

Following the running of Race 5, the “Blue Star Taxis Will Get You Home Safe Pace” an Information Instigating a Protest was filed by Stipendiary Steward Mr Ydgren alleging interference by “Highview Leo” (15), driven by Mr K O’Reilly, to “Washington Star” (14), driven by Mr I Cameron.
 
The Judges placings in this race were as follows;
 
1st – Gogetem (11)
2nd- Highview Leo (15)
3rd-   Onedin Classic (12)
4th-   Lady Lizzie (5)
5th-   Warrior Within (6)
6th-   Luxor (17)
 
The Information reads as follows;
 
“At about the 2100 Highview Leo hung down the track checking Washington Star into a gallop”
 
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 contact 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-
 
(c)   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:

 

Stipendiary Steward Mr McIntyre used the race video to illustrate that at the 2100 metre mark, at the apex of the curve in the track, Highview Leo” driven by Mr O’Reilly had hung down when not clear of “Washington Star” driven by Mr Cameron and caused the latter to go into a break. Mr McIntyre illustrated that “Washington Star’, as a result had lost about 10 metres.
 
Mr Cameron gave evidence that “Highview Leo” had “ducked in sharply” and caused “Washington Star” to break from its proper gait.   He stated that as a result he lost any chance in the race.
 
Mr O’Reilly accepted the accuracy of the evidence given and did not contest it.
 
Again through the use of the race video the Stipendiary Stewards illustrated that “Washington Star” finished approximately 20 metres from “Highview Leo” at the finish of the race.
 
Mr Ydgren made a submission that “Highview Leo” should be relegated to 7th place behind “Washington Star”
 

reasonsfordecision:

 

Uncontested evidence given at hearing clearly established that at the 2100 metre mark, “Highview Leo” hung down when not clear of “Washington Star”, causing the later to go in to break and to lose approximately 10 metres. This had effectively caused “Washington Star” to lose any chance in the race.

Decision:

 

Uncontested evidence given at hearing clearly established that at the 2100 metre mark, “Highview Leo” hung down when not clear of “Washington Star”, causing the later to go in to break and to lose approximately 10 metres. This had effectively caused “Washington Star” to lose any chance in the race.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 869 (8)

Informant: Mr N M Ydgren - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr I Cameron -Open Horseman

Respondent: Mr K O'Reilly - Open Horseman

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