NZ Metro TC 31 July 2015 – R 7 (instigating a protest) Chair, Mr S Ching
ID: JCA14649
Meet Title:
NZ Metro TC - 31 July 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/07/31
Race Number:
R7
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 7, the Clare Beer-Harcourts Gold Real Estate Handicap Pace, a protest was filed by Co-Chief Stipendiary Steward, Mr N McIntrye, alleging that FAIR DINKUM BROMAC raced inside a marker near the 300m and in doing so gained an advantage.
The Judge's placings in this race were as follows.
1st SANDVICK STAR (8)
2nd UNCLE BEN (7)
3rd FAIR DINKUM BROMAC (3)
4th CALLENBURG (1)
5th SMITHY (9)
6th CULLEN KEEFE (2)
Rule 869 7A (b) provides as follows.
(7A) Every horseman who moves inwards shall ensure:
(b) that any part of the sulky does not protrude inside the marker line
It shall be a defence to a breach of this sub-rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or any other horse or horseman in the race.
The connections of FAIR DINKUM BROMAC were represented at this hearing by Junior Horsewoman, Miss K Butt and Open Horseman Mr J Cox.
Submissions for Decision:
Mr McIntyre gave evidence and showed the relevant films of the incident which occurred near the 300m. He pointed out FAIR DINKUM BROMAC, driven by Miss Butt, who was racing three back on the pylons in the trail of SANDVICK STAR, driven by Mr R Close. Mr McIntyre stated that SANDVICK STAR moved away from the pylons to obtain the run to the outside of HIGHVIEW ANWELL, driven by Mr R Butt. FAIR DINKUM BROMAC then moved up into the trail of HIGHVIEW ANWELL who then began to tire and shift away from the pylons. Mr McIntyre said that Miss Butt then attempted to improve on the inside of HIGHVIEW ANWELL before a full run was available. Mr McIntyre submitted that there was never a full run inside Mr Butt’s horse and as a result FAIR DINKUM BROMAC came into contact with a pylon and then went inside the next pylon with the inside sulky wheel of the horse. Mr McIntyre also submitted that Miss Butt had gained a long neck advantage as well as momentum in this incident. He said if Miss Butt had stayed on the track, as she is required to do, she would have had to wait until the full gap presented itself on the inside of HIGHVIEW ANWELL. He stated a full run became available on the inside of HIGHVIEW ANWELL shortly after the incident occurs. The question for the Committee to consider, he said, was did Miss Butt gain an advantage over the 4th placed horse CALLENBURG by placing her horse in the position inside HIGHVIEW ANWELL and enabling her to get that run earlier by protruding inside the marker line. He stated the 4th placed horse, CALLENBERG, finished officially .6 of a length or a ½ length from FAIR DINKUM BROMAC.
Miss Butt stated that Mr Butt’s horse had shifted off the marker line entering the straight when beginning to tire. Miss Butt also stated that there was a full gap available to her when she went to improve inside HIGHVIEW ANWELL but that as soon as she was committed to that run, it began to narrow due to inward pressure from the horse outside HIGHVIEW ANWELL being UNCLE BEN, driven by Mr Larsen, forcing her to brush the first pylon and go over the 2nd pylon. She added that she only went inside the marker marginally and throughout this incident had a good hold of her horse and was not driving it out.
Mr Cox, who was assisting Miss Butt, stated that the gap was available to Miss Butt to improve into and that Mr Larsen’s horse has tightened Mr Butt’s horse onto FAIR DINKUM BROMAC who was forced in over the pylon.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that HIGHVIEW ANWELL had shifted off the pylons on the home turn near the 300m and that FAIR DINKUM BROMAC had attempted to improve through on the inside of that horse. We were also satisfied that FAIR DINKUM BROMAC had brushed one pylon and had gone over the next pylon when in restricted room before regaining the track proper. The question for the Committee was did FAIR DINKUM BROMAC gain an advantage over the 4th placed horse CALLENBERG, by attempting to take a run inside HIGHVIEW ANWELL before there was sufficient room to do so, as alleged. Mr McIntyre stated that there was never a full run available to Miss Butt at any time throughout this manoeuvre. Miss Butt was of the opinion that there was a clear run available initially and stated that once she had begun to improve into the gap it began to narrow. Mr Cox stated that there was a gap sufficient for Miss Butt to enter and that the official margin between 3rd and 4th of a ½ length needed to be taken into consideration.
After considering all evidence and further review of the relevant video replays of the incident, the Committee was satisfied that a full gap was available to Miss Butt when she rightfully began improving through on the inside of HIGHVIEW ANWELL. We found that this gap was short lived and began to narrow as soon as she was committed to it. The Committee also found that FAIR DINKUM BROMAC was established in the run inside HIGHVIEW ANWELL when that horse began to shift back in under pressure from an inward movement by UNCLE BEN, and was forced to brush the first pylon and go over the second pylon. We found that FAIR DINKUM BROMAC had been forced down over the pylon near the 300m and that the breach was attributable to the behaviour of another horse or horseman. Had we been required to determine whether FAIR DINKUM BROMAC gained an advantage in this incident we would have effectively had to decide whether the 4th horse would have beaten it for that position had its sulky wheel not protruded inside the markers for a short distance. From our observations the 4th placed horse would not have beaten FAIR DINKUM BROMAC for 3rd position, despite this incident, and we determined that it had gained no advantage in any event.
Taking all the above matters into account we determined that this protest should be dismissed.
JCA Decision Fields (raw)
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hearingid: 9fb5be610ab173d403195c9356f26632
informantnumber: A6200
horsename: FAIR DINKUM BROMAC
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 07/08/2015
hearing_title: NZ Metro TC 31 July 2015 - R 7 (instigating a protest) Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Clare Beer-Harcourts Gold Real Estate Handicap Pace, a protest was filed by Co-Chief Stipendiary Steward, Mr N McIntrye, alleging that FAIR DINKUM BROMAC raced inside a marker near the 300m and in doing so gained an advantage.
The Judge's placings in this race were as follows.
1st SANDVICK STAR (8)
2nd UNCLE BEN (7)
3rd FAIR DINKUM BROMAC (3)
4th CALLENBURG (1)
5th SMITHY (9)
6th CULLEN KEEFE (2)
Rule 869 7A (b) provides as follows.
(7A) Every horseman who moves inwards shall ensure:
(b) that any part of the sulky does not protrude inside the marker line
It shall be a defence to a breach of this sub-rule if the horseman establishes that the breach was attributable to the behaviour of his own horse or any other horse or horseman in the race.
The connections of FAIR DINKUM BROMAC were represented at this hearing by Junior Horsewoman, Miss K Butt and Open Horseman Mr J Cox.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and showed the relevant films of the incident which occurred near the 300m. He pointed out FAIR DINKUM BROMAC, driven by Miss Butt, who was racing three back on the pylons in the trail of SANDVICK STAR, driven by Mr R Close. Mr McIntyre stated that SANDVICK STAR moved away from the pylons to obtain the run to the outside of HIGHVIEW ANWELL, driven by Mr R Butt. FAIR DINKUM BROMAC then moved up into the trail of HIGHVIEW ANWELL who then began to tire and shift away from the pylons. Mr McIntyre said that Miss Butt then attempted to improve on the inside of HIGHVIEW ANWELL before a full run was available. Mr McIntyre submitted that there was never a full run inside Mr Butt’s horse and as a result FAIR DINKUM BROMAC came into contact with a pylon and then went inside the next pylon with the inside sulky wheel of the horse. Mr McIntyre also submitted that Miss Butt had gained a long neck advantage as well as momentum in this incident. He said if Miss Butt had stayed on the track, as she is required to do, she would have had to wait until the full gap presented itself on the inside of HIGHVIEW ANWELL. He stated a full run became available on the inside of HIGHVIEW ANWELL shortly after the incident occurs. The question for the Committee to consider, he said, was did Miss Butt gain an advantage over the 4th placed horse CALLENBURG by placing her horse in the position inside HIGHVIEW ANWELL and enabling her to get that run earlier by protruding inside the marker line. He stated the 4th placed horse, CALLENBERG, finished officially .6 of a length or a ½ length from FAIR DINKUM BROMAC.
Miss Butt stated that Mr Butt’s horse had shifted off the marker line entering the straight when beginning to tire. Miss Butt also stated that there was a full gap available to her when she went to improve inside HIGHVIEW ANWELL but that as soon as she was committed to that run, it began to narrow due to inward pressure from the horse outside HIGHVIEW ANWELL being UNCLE BEN, driven by Mr Larsen, forcing her to brush the first pylon and go over the 2nd pylon. She added that she only went inside the marker marginally and throughout this incident had a good hold of her horse and was not driving it out.
Mr Cox, who was assisting Miss Butt, stated that the gap was available to Miss Butt to improve into and that Mr Larsen’s horse has tightened Mr Butt’s horse onto FAIR DINKUM BROMAC who was forced in over the pylon.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that HIGHVIEW ANWELL had shifted off the pylons on the home turn near the 300m and that FAIR DINKUM BROMAC had attempted to improve through on the inside of that horse. We were also satisfied that FAIR DINKUM BROMAC had brushed one pylon and had gone over the next pylon when in restricted room before regaining the track proper. The question for the Committee was did FAIR DINKUM BROMAC gain an advantage over the 4th placed horse CALLENBERG, by attempting to take a run inside HIGHVIEW ANWELL before there was sufficient room to do so, as alleged. Mr McIntyre stated that there was never a full run available to Miss Butt at any time throughout this manoeuvre. Miss Butt was of the opinion that there was a clear run available initially and stated that once she had begun to improve into the gap it began to narrow. Mr Cox stated that there was a gap sufficient for Miss Butt to enter and that the official margin between 3rd and 4th of a ½ length needed to be taken into consideration.
After considering all evidence and further review of the relevant video replays of the incident, the Committee was satisfied that a full gap was available to Miss Butt when she rightfully began improving through on the inside of HIGHVIEW ANWELL. We found that this gap was short lived and began to narrow as soon as she was committed to it. The Committee also found that FAIR DINKUM BROMAC was established in the run inside HIGHVIEW ANWELL when that horse began to shift back in under pressure from an inward movement by UNCLE BEN, and was forced to brush the first pylon and go over the second pylon. We found that FAIR DINKUM BROMAC had been forced down over the pylon near the 300m and that the breach was attributable to the behaviour of another horse or horseman. Had we been required to determine whether FAIR DINKUM BROMAC gained an advantage in this incident we would have effectively had to decide whether the 4th horse would have beaten it for that position had its sulky wheel not protruded inside the markers for a short distance. From our observations the 4th placed horse would not have beaten FAIR DINKUM BROMAC for 3rd position, despite this incident, and we determined that it had gained no advantage in any event.
Taking all the above matters into account we determined that this protest should be dismissed.
Decision:
The protest was dismissed with the judge's placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7A) (b)
Informant: N McIntyre-Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: J Cox-Open Horseman
Respondent: K Butt-Junior Horsewoman
StipendSteward:
raceid: d78fe2b4354b3121c5d10488ce5a6930
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9767cd5b3d47c5585ff3f87cd9cdf9b2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/07/2015
meet_title: NZ Metro TC - 31 July 2015
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