N Z Metro TC 9 November 2010 – R 12 (Instigating a Protest)
ID: JCA14796
Meet Title:
NZ Metro TC - 9 November 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2010/11/09
Race Number:
R 12
Decision:
Having heard the evidence and having seen the video coverage we are satisfied that rounding the final bend “Hostile Grins” driven by Mr A. Butt broke and lost its chance.
Mr Butt said Mr Kerr tried to push him out when not in a position to do so. Mr Kerr said that it was competitive driving. We are satisfied that Mr Kerr tried to push out when not in a position to do so, and caused interference to “Hostile Grins” which affected that horse’s chances.
We therefore uphold the protest. Accordingly “Toledo” is relegated to 12th place.”
The amended places are as follows.
1st – Mach Banner (4)
2nd – Cracker Black (5)
3rd – Lifes Decision (12)
4th – Raindowne (8)
5th – Mr Chrome (7)
6th – Dudinka’s Christian (10)
Facts:
Following the running of Race 12, the Blue Star Taxis Mobile Pace, an information Instigating a Protest was filed by Chief Stipendiary Steward Mr N. R. Escott alleging interference by “Toledo” (2) driven by Mr M. P. Kerr.
The Information reads as follows.
“This is a protest against horse number (2) placed 3rd by the Judge on the grounds of interference to horse number (16) rounding the final bend.”
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 “Toledo” were represented at this hearing by trainer Mr M. P. Kerr, with the assistance of his father, Mr P. F. Kerr. Mr A. M. Butt, the driver of “Hostile Grins”, represented the interests of that horse. All parties indicated that they understood the Rule and the nature of the protest.
Submissions for Decision:
The connections of “Toledo” were represented at this hearing by trainer Mr M. P. Kerr, with the assistance of his father, Mr P. F. Kerr. Mr A. M. Butt, the driver of “Hostile Grins”, represented the interests of that horse. All parties indicated that they understood the Rule and the nature of the protest.
Mr Escott called Mr A. M. Butt, the driver of “Hostile Grins”, to give evidence. He said that he had taken up a position outside Mr Kerr rounding the final bend. No sooner had he done this than Mr Kerr had tried to move him out again. Mr Butt said that he was slightly ahead of Mr Kerr who was not in a position to move him out. However Mr Kerr continued to try and move him out, a move which he resisted. During Mr Kerr’s attempt his horse broke and lost its chance. Mr Butt said this time his horse was travelling fine and that there was no reason why it couldn’t have been in the finish.
Mr M. P. Kerr asked Mr Butt if he would agree that his actions were “competitive driving” when he was trying to push him out. Mr Butt said that competitive driving was alright so long as there was no interference.
Stipendiary Steward Mrs Williams gave evidence and used video coverage to illustrate this incident. Mrs Williams pointed out that Mr Kerr never had an advantage over Mr Butt’s horse and that just before Mr Butt’s galloped, Mr Kerr had his horse’s head turned outwards to try and push out.
Mr Kerr asked Mrs Williams questions to try and establish that he was in a position to move Mr Butt outwards, but Mrs Williams did not concede that this was so.
Mr Kerr gave evidence that his horse was half a cart out when Mr Butt tried to push him back down. He said Mr Butt was quite entitled to do this, but his trying to push out was competitive driving. Mr P. F. Kerr said there was “jostling”, and it was during this that Mr Butt’s horse broke.
Reasons for Decision:
We carefully reviewed the evidence and the video coverage and we were satisfied that Mr Kerr had made a concerted effort to push Mr Butt’s horse out when he was not in a position to do so. This attempted push out had continued on for some distance, and eventually Mr Butt’s horse had galloped and lost its chance. We were satisfied that there was interference to “Hostile Grins” which had affected that horse’s chances, and that the protest should be upheld.
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: 7d0e0c64b8e77911aa42f8d42e7689af
informantnumber: 13949
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 16/11/2010
hearing_title: N Z Metro TC 9 November 2010 - R 12 (Instigating a Protest)
charge:
facts:
Following the running of Race 12, the Blue Star Taxis Mobile Pace, an information Instigating a Protest was filed by Chief Stipendiary Steward Mr N. R. Escott alleging interference by “Toledo” (2) driven by Mr M. P. Kerr.
The Information reads as follows.
“This is a protest against horse number (2) placed 3rd by the Judge on the grounds of interference to horse number (16) rounding the final bend.”
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 “Toledo” were represented at this hearing by trainer Mr M. P. Kerr, with the assistance of his father, Mr P. F. Kerr. Mr A. M. Butt, the driver of “Hostile Grins”, represented the interests of that horse. All parties indicated that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
The connections of “Toledo” were represented at this hearing by trainer Mr M. P. Kerr, with the assistance of his father, Mr P. F. Kerr. Mr A. M. Butt, the driver of “Hostile Grins”, represented the interests of that horse. All parties indicated that they understood the Rule and the nature of the protest.
Mr Escott called Mr A. M. Butt, the driver of “Hostile Grins”, to give evidence. He said that he had taken up a position outside Mr Kerr rounding the final bend. No sooner had he done this than Mr Kerr had tried to move him out again. Mr Butt said that he was slightly ahead of Mr Kerr who was not in a position to move him out. However Mr Kerr continued to try and move him out, a move which he resisted. During Mr Kerr’s attempt his horse broke and lost its chance. Mr Butt said this time his horse was travelling fine and that there was no reason why it couldn’t have been in the finish.
Mr M. P. Kerr asked Mr Butt if he would agree that his actions were “competitive driving” when he was trying to push him out. Mr Butt said that competitive driving was alright so long as there was no interference.
Stipendiary Steward Mrs Williams gave evidence and used video coverage to illustrate this incident. Mrs Williams pointed out that Mr Kerr never had an advantage over Mr Butt’s horse and that just before Mr Butt’s galloped, Mr Kerr had his horse’s head turned outwards to try and push out.
Mr Kerr asked Mrs Williams questions to try and establish that he was in a position to move Mr Butt outwards, but Mrs Williams did not concede that this was so.
Mr Kerr gave evidence that his horse was half a cart out when Mr Butt tried to push him back down. He said Mr Butt was quite entitled to do this, but his trying to push out was competitive driving. Mr P. F. Kerr said there was “jostling”, and it was during this that Mr Butt’s horse broke.
reasonsfordecision:
We carefully reviewed the evidence and the video coverage and we were satisfied that Mr Kerr had made a concerted effort to push Mr Butt’s horse out when he was not in a position to do so. This attempted push out had continued on for some distance, and eventually Mr Butt’s horse had galloped and lost its chance. We were satisfied that there was interference to “Hostile Grins” which had affected that horse’s chances, and that the protest should be upheld.
Decision:
Having heard the evidence and having seen the video coverage we are satisfied that rounding the final bend “Hostile Grins” driven by Mr A. Butt broke and lost its chance.
Mr Butt said Mr Kerr tried to push him out when not in a position to do so. Mr Kerr said that it was competitive driving. We are satisfied that Mr Kerr tried to push out when not in a position to do so, and caused interference to “Hostile Grins” which affected that horse’s chances.
We therefore uphold the protest. Accordingly “Toledo” is relegated to 12th place.”
The amended places are as follows.
1st – Mach Banner (4)
2nd – Cracker Black (5)
3rd – Lifes Decision (12)
4th – Raindowne (8)
5th – Mr Chrome (7)
6th – Dudinka’s Christian (10)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N Escott, Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr P Kerr assisting Mr M Kerr, Mr A Butt, driver of "Hostile Grins"
Respondent:
StipendSteward:
raceid: 2bed51f4b51603aa430c0b68de9eb86c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7636e62d57f70b624d41997f8ab2ceb8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/11/2010
meet_title: NZ Metro TC - 9 November 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC