NZ Metro TC 20 July 2012 – R 5 (instigating a protest)
ID: JCA15331
Meet Title:
NZ Metro TC - 20 July 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/07/20
Race Number:
R5
Decision:
The protest was dismissed with the judges' placings being confirmed.
Facts:
Following the running of Race 5, the “Speckos” 2012 NZ Junior Drivers Championship (Heat 2) Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N.M Ydgren alleging interference by “Supreme Sign” (4) which finished in 9th place, driven by Mr S Lawson, to “Onedin Classic” (12), which fell and did not finish, driven by Mr MP Kerr.
The Information reads as follows:
“That the above named respondent committed a breach of Rule 869(8) in that “Supreme Sign”(S Lawson) shifted outwards on the final bend contacting the hind leg of “Onedin Classic” (MP Kerr) resulting in “Onedin Classic” breaking and falling.”
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 “Supreme Sign” were represented at this hearing by Mr S Lawson who as a junior horseman was assisted by Mr GM Smith, and Mr M Kerr, the driver of “Onedin Classic” represented the connections of that horse. Mr Kerr as a junior driver waived his right to representation at the hearing.
Submissions for Decision:
Mr Ydgren told the Committee that the protest was being instigated because of the Junior Drivers competition and any change to the results could affect the drivers’ points.
Mr Ydgren called Mr Kerr (Onedin Classic) to give evidence who stated that at about the 350m mark he shifted off the running line when trailing Mr Lawson (Supreme Sign) to follow Mr Butcher (Ratlock) and improve past Mr Lawson. Mr Kerr stated that as he passed Mr Lawson they spoke briefly and that “Supreme Sign” shifted out abruptly and struck “Onedin Classic” causing that horse to break and then fall.
Video coverage of this incident was shown by Mr Renault, to illustrate that shortly before entering the front straight with approximately 300m to run, “Onedin Classic” had broken and fallen shortly afterwards, when racing on the outside of “Supreme Sign”. Mr S Renault stated that shortly after contact was made both horses locked wheels just prior to “Onedin Classic” falling. Mr Renault also stated that the head of “Supreme Sign” was pointed out just prior to the incident and shortly afterwards was angled in in a corrective action.
Mr Lawson stated, with assistance from Mr Smith, that “Supreme Sign” was always slightly off the markers and his position in relation to the pylons never changed around the final bend. Mr Smith stated that the contact to the back leg of “Onedin Classic” did not happen until after the sulky’s locked wheels and that “Supreme Sign” was never closer to the pylons rounding the final bend than he was at the point of contact.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Onedin Classic” did break and fall inside the 300m when racing on the outside of “Supreme Sign”. We were not satisfied, however, after viewing the relevant video replays of the incident, that “Supreme Sign” shifted out when racing on the inside of “Onedin Classic” causing that horse to break and fall. Despite Mr Kerr’s allegations that “Supreme Sign” had shifted out and made contact with the leg of “Onedin Classic” we were satisfied from the video evidence that “Supreme Sign” position in relation to the pylons did not vary either prior to, during or after the incident.
Taking all the above matters into account we decided that this protest should be dismissed.
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: 854b22995e4251485eaf199f1da18cec
informantnumber: A5187
horsename: Supreme Sign
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/07/2012
hearing_title: NZ Metro TC 20 July 2012 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, the “Speckos” 2012 NZ Junior Drivers Championship (Heat 2) Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N.M Ydgren alleging interference by “Supreme Sign” (4) which finished in 9th place, driven by Mr S Lawson, to “Onedin Classic” (12), which fell and did not finish, driven by Mr MP Kerr.
The Information reads as follows:
“That the above named respondent committed a breach of Rule 869(8) in that “Supreme Sign”(S Lawson) shifted outwards on the final bend contacting the hind leg of “Onedin Classic” (MP Kerr) resulting in “Onedin Classic” breaking and falling.”
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 “Supreme Sign” were represented at this hearing by Mr S Lawson who as a junior horseman was assisted by Mr GM Smith, and Mr M Kerr, the driver of “Onedin Classic” represented the connections of that horse. Mr Kerr as a junior driver waived his right to representation at the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren told the Committee that the protest was being instigated because of the Junior Drivers competition and any change to the results could affect the drivers’ points.
Mr Ydgren called Mr Kerr (Onedin Classic) to give evidence who stated that at about the 350m mark he shifted off the running line when trailing Mr Lawson (Supreme Sign) to follow Mr Butcher (Ratlock) and improve past Mr Lawson. Mr Kerr stated that as he passed Mr Lawson they spoke briefly and that “Supreme Sign” shifted out abruptly and struck “Onedin Classic” causing that horse to break and then fall.
Video coverage of this incident was shown by Mr Renault, to illustrate that shortly before entering the front straight with approximately 300m to run, “Onedin Classic” had broken and fallen shortly afterwards, when racing on the outside of “Supreme Sign”. Mr S Renault stated that shortly after contact was made both horses locked wheels just prior to “Onedin Classic” falling. Mr Renault also stated that the head of “Supreme Sign” was pointed out just prior to the incident and shortly afterwards was angled in in a corrective action.
Mr Lawson stated, with assistance from Mr Smith, that “Supreme Sign” was always slightly off the markers and his position in relation to the pylons never changed around the final bend. Mr Smith stated that the contact to the back leg of “Onedin Classic” did not happen until after the sulky’s locked wheels and that “Supreme Sign” was never closer to the pylons rounding the final bend than he was at the point of contact.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Onedin Classic” did break and fall inside the 300m when racing on the outside of “Supreme Sign”. We were not satisfied, however, after viewing the relevant video replays of the incident, that “Supreme Sign” shifted out when racing on the inside of “Onedin Classic” causing that horse to break and fall. Despite Mr Kerr’s allegations that “Supreme Sign” had shifted out and made contact with the leg of “Onedin Classic” we were satisfied from the video evidence that “Supreme Sign” position in relation to the pylons did not vary either prior to, during or after the incident.
Taking all the above matters into account we decided that this protest should be dismissed.
Decision:
The protest was dismissed with the judges' placings being confirmed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: N M Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: G D Smith -Open Horseman, M P Kerr-Junior Horseman, S P Renault-Stipendiary Steward
Respondent: S Lawson-Junior Driver
StipendSteward:
raceid: b7f49d9cac6b58f0212693d78e83aaad
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3c7a2df50a46dd2ac9deadf1268df6ab
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/07/2012
meet_title: NZ Metro TC - 20 July 2012
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