Ashburton TC 24 October 2011 – R 6 (instigating a protest)
ID: JCA14471
Meet Title:
Ashburton TC - 24 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/24
Race Number:
R6
Decision:
The protest was upheld and GOMEO ROMEO was relegated to 14th placing.
Consequent upon the disqualification, the amended placings for the race are:
1st 14 Auckland Reactor
2nd 6 Rangataua Ray
3rd 10 Pembrook Benny
4th 7 Choise Achiever
5th 1 Terror To Love
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 6, RX Plastics Ashburton Flying Stakes (Stand) Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against GOMEO ROMEO (D J Butcher), placed 3rd by the judge, on the ground that it interfered with the chances of POWER OF TARA (S R McNally), placed 14th by the judge, in that “near the 900 metres GOMEO ROMEO shifted wider on the track and checked POWER OF TARA which broke”.
Mr D J Butcher, driver of GOMEO ROMEO, was present at the hearing of the information. Mr G C Small sought permission to represent the owner, to which Mr McIntyre objected. The Committee permitted Mr Small to be present during the hearing but not as the representative of the owner and on the basis that he did not speak.
Mr Butcher then indicated that he would represent the connections of GOMEO ROMEO and the hearing proceeded.
Rule 869 provides as follows:
(8) 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:
Mr S R McNally, driver of POWER OF TARA, said that near the 900 metres, Mr Butcher had come out underneath him and pushed him out and checked his horse which broke and settled down in last placing. He confirmed that it had affected his chances or progress in the race.
Mr McIntyre had Mr A L Ray, Stipendiary Steward, show video replays of the incident. He pointed out GOMEO ROMEO, which was racing back in the field in the one-out line. He also pointed out Mr McNally improving 3-wide. Mr Butcher shifted out to the 3-wide line and Mr McNally’s horse was checked as a result and broke being restrained at the back of the field.
Mr McNally said that he was in the running line which was moving forward. He said that Mr Butcher was entitled to come out beneath him but his actions were “a bit quick” and caused his horse to break. Mr McNally was attempting to “hold his spot”. He was “keeping up” so he could do so.
Mr Butcher said, approaching the 900 metres, he had eased Mr McNally out as he was entitled to do, being ahead of him and having an advantage. Mr McNally had tried to hold his position but was not in a position to do so. Mr McNally’s horse was not travelling well enough. He said that he did not know why POWER OF TARA had galloped. It was “flat and struggling to hold his position”, Mr Butcher submitted.
Mr McNally said that there had been contact but Mr Butcher said there was no contact. Mr Butcher was entitled to come out when he did but not to make contact with his horse and break it up, Mr McNally said.
Mr McIntyre referred to Rule 869 (7) which requires a horseman to make moves “with safety”. On this occasion, he submitted, it was a “high risk manoeuvre” with a horse improving on his outside and, further, it was not done in a slow and gradual manner. Mr McNally was not given time to shift out with him, Mr McIntyre said.
Mr Butcher submitted that his move was not that quick. He had made his movement over 6-8 strides. Mr McNally had seen him coming out, knew Mr Butcher was entitled to do it but was not in a position to hold it, Mr Butcher submitted. It was a “fair manoeuvre” and not “rough or reckless”.
Reasons for Decision:
The Committee had listened to the evidence and submissions of both parties and had carefully viewed the video replays.
The Committee found that, at approximately the 900 metres, Mr Butcher driving GOMEO ROMEO shifted out from the one-out line to a 3-wide position and, in doing so, attempted to ease out Mr McNally, driving POWER OF TARA. Mr McNally said that Mr Butcher had come out underneath him and described Mr Butcher’s shift as “a bit quick”. Mr McIntyre described Mr Butcher’s attempt to ease out Mr McNally as “a high risk manoeuvre” and submitted that it was not done in a slow and gradual manner as required.
Mr Butcher, for his part, said that he had legitimately eased Mr McNally out and that Mr McNally had attempted to hold his position when he was not in a position to do so.
The evidence of Mr McNally and Mr Butcher was conflicting as to whether or not there had been any contact. In this regard, the Committee preferred the evidence of Mr McNally.
The Committee was satisfied that GOMEO ROMEO had caused interference to POWER OF TARA as alleged. The next issue for the Committee to determine was whether such interference had interfered with the progress or chance of POWER OF TARA. In this regard, it was significant that POWER OF TARA was progressing forward in the 3-wide line but, following the interference, it broke and settled down at the rear of the 14-horse field. Effectively, its chances were extinguished suffering, as it did, interference 900 metres from the finish. The Committee noted that the sectional time for the last 800 metres of the race was a very fast 53.8 seconds. The Committee was satisfied that the progress or chance of POWER OF TARA was affected.
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: 8799ac58e7f330710b98115f2b98fd52
informantnumber: A1004
horsename: GOMEO ROMEO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/10/2011
hearing_title: Ashburton TC 24 October 2011 - R 6 (instigating a protest)
charge:
facts:
Following the running of Race 6, RX Plastics Ashburton Flying Stakes (Stand) Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against GOMEO ROMEO (D J Butcher), placed 3rd by the judge, on the ground that it interfered with the chances of POWER OF TARA (S R McNally), placed 14th by the judge, in that “near the 900 metres GOMEO ROMEO shifted wider on the track and checked POWER OF TARA which broke”.
Mr D J Butcher, driver of GOMEO ROMEO, was present at the hearing of the information. Mr G C Small sought permission to represent the owner, to which Mr McIntyre objected. The Committee permitted Mr Small to be present during the hearing but not as the representative of the owner and on the basis that he did not speak.
Mr Butcher then indicated that he would represent the connections of GOMEO ROMEO and the hearing proceeded.
Rule 869 provides as follows:
(8) 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:
Mr S R McNally, driver of POWER OF TARA, said that near the 900 metres, Mr Butcher had come out underneath him and pushed him out and checked his horse which broke and settled down in last placing. He confirmed that it had affected his chances or progress in the race.
Mr McIntyre had Mr A L Ray, Stipendiary Steward, show video replays of the incident. He pointed out GOMEO ROMEO, which was racing back in the field in the one-out line. He also pointed out Mr McNally improving 3-wide. Mr Butcher shifted out to the 3-wide line and Mr McNally’s horse was checked as a result and broke being restrained at the back of the field.
Mr McNally said that he was in the running line which was moving forward. He said that Mr Butcher was entitled to come out beneath him but his actions were “a bit quick” and caused his horse to break. Mr McNally was attempting to “hold his spot”. He was “keeping up” so he could do so.
Mr Butcher said, approaching the 900 metres, he had eased Mr McNally out as he was entitled to do, being ahead of him and having an advantage. Mr McNally had tried to hold his position but was not in a position to do so. Mr McNally’s horse was not travelling well enough. He said that he did not know why POWER OF TARA had galloped. It was “flat and struggling to hold his position”, Mr Butcher submitted.
Mr McNally said that there had been contact but Mr Butcher said there was no contact. Mr Butcher was entitled to come out when he did but not to make contact with his horse and break it up, Mr McNally said.
Mr McIntyre referred to Rule 869 (7) which requires a horseman to make moves “with safety”. On this occasion, he submitted, it was a “high risk manoeuvre” with a horse improving on his outside and, further, it was not done in a slow and gradual manner. Mr McNally was not given time to shift out with him, Mr McIntyre said.
Mr Butcher submitted that his move was not that quick. He had made his movement over 6-8 strides. Mr McNally had seen him coming out, knew Mr Butcher was entitled to do it but was not in a position to hold it, Mr Butcher submitted. It was a “fair manoeuvre” and not “rough or reckless”.
reasonsfordecision:
The Committee had listened to the evidence and submissions of both parties and had carefully viewed the video replays.
The Committee found that, at approximately the 900 metres, Mr Butcher driving GOMEO ROMEO shifted out from the one-out line to a 3-wide position and, in doing so, attempted to ease out Mr McNally, driving POWER OF TARA. Mr McNally said that Mr Butcher had come out underneath him and described Mr Butcher’s shift as “a bit quick”. Mr McIntyre described Mr Butcher’s attempt to ease out Mr McNally as “a high risk manoeuvre” and submitted that it was not done in a slow and gradual manner as required.
Mr Butcher, for his part, said that he had legitimately eased Mr McNally out and that Mr McNally had attempted to hold his position when he was not in a position to do so.
The evidence of Mr McNally and Mr Butcher was conflicting as to whether or not there had been any contact. In this regard, the Committee preferred the evidence of Mr McNally.
The Committee was satisfied that GOMEO ROMEO had caused interference to POWER OF TARA as alleged. The next issue for the Committee to determine was whether such interference had interfered with the progress or chance of POWER OF TARA. In this regard, it was significant that POWER OF TARA was progressing forward in the 3-wide line but, following the interference, it broke and settled down at the rear of the 14-horse field. Effectively, its chances were extinguished suffering, as it did, interference 900 metres from the finish. The Committee noted that the sectional time for the last 800 metres of the race was a very fast 53.8 seconds. The Committee was satisfied that the progress or chance of POWER OF TARA was affected.
Decision:
The protest was upheld and GOMEO ROMEO was relegated to 14th placing.
Consequent upon the disqualification, the amended placings for the race are:
1st 14 Auckland Reactor
2nd 6 Rangataua Ray
3rd 10 Pembrook Benny
4th 7 Choise Achiever
5th 1 Terror To Love
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)&(b)
Informant: NG McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: SR McNally - Licensed Open Horseman, GC Small
Respondent: DJ Butcher - Licensed Open Horseman
StipendSteward:
raceid: 63b53515592d1591393cb17b92ebcba9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0ecf1c8e3fdb021af296a1ffd8975828
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/10/2011
meet_title: Ashburton TC - 24 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Ashburton TC