NZ Metro TC 15 February 2019 – R 1 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA16159
Meet Title:
NZ Metro TC - 15 February 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2019/02/15
Race Number:
R1
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the judge’s official result.
Facts:
Following the running of Race 1, Christchurch Casino Mobile Pace, an information instigating a protest was filed by Licensed Open Driver, Mr T M Williams, driver of IDEOLOGIST placed 2nd by the judge, against JODY DIREEN (M D J Hurrell), placed 1st by the judge, on the ground of “interference near the 400 metres when JODY DIREEN contacted the sulky wheel of IDEOLOGIST”.
Present at the hearing were Mr Williams, Mr P J Robertson (Trainer of IDEOLOGIST), Mr Hurrell and Licensed Open Driver, Mr J W Cox (assisting Mr Hurrell).
Rule 869A provides as follows:
(2) Where a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
The official margin between 1st and 2nd was a ½ length.
Submissions for Decision:
Mr Williams pointed out on a video replay that, approaching the 400 metres, IDEOLOGIST was 3-back in the 3-wide line, following JAY TEE TYRON (J R Dunn). He pointed out JODY DIREEN, driven by Mr Hurrell, in behind in the running line and about to improve out to the 3-wide line to get on his, Mr Williams’, back. In doing so, Mr Hurrell’s runner had contacted his inside sulky wheel twice. The tyre deflated immediately, Mr Williams said. As a result, he had to drag a flat tyre for the final 400 metres. Mr Hurrell had come off his back and beaten him by a ½ length, Mr Williams said.
The replay of the race to the finishing line was played to the hearing. His runner was closing at the finish, Mr Williams said. He had been disadvantaged by having to pull a flat tyre from the 400 metres. It had really affected him from the 300 metres to the 100 metres and, to the horse’s credit, it had done well to get going again. He had made up a ½ length in that final 100 metres, Mr Williams said.
Mr Robertson did not wish to add anything to what Mr Williams had said. He submitted that it could be seen on the video replay where the contact had occurred.
Mr Hurrell said that, at the 400 metres, he had gone to ease out. When he had gone to do that, his horse had seen a half-gap and attempted to charge through it. He had tried to restrain it as much as he could but it did make contact with Mr Williams’ wheel.
Rounding the final bend, he had come off Mr Williams’ back and his runner had “clearly run past” Mr Williams’ horse. His horse was wearing full blinds and, once it passed a horse or horses it was unable to see them. His horse pricked its ears towards the finish and looked to ease up, Mr Hurrell said, but had won quite comfortably in the end.
When asked by the Committee for his assessment of the likely effect on IDEOLOGIST of having to pull a flat tyre for the final 400 metres, Mr Hurrell replied that, if it had not come off the rim, it ought not to have affected it too much. He repeated that he believed that his runner had won quite easily.
Mr Cox said that IDEOLOGIST had come back at JODY DIREEN nearing the finish, but the latter was pricking its ears and “knocking off a wee bit”.
Chief Stipendiary Steward, Mr N M Ydgren, was asked for his assessment of what happened. It was quite clear, he said, that contact had been made to the inside wheel of IDEOLOGIST. Mr Williams said that the tyre deflated immediately but, in any event, the horse had pulled a punctured tyre for some distance. It was difficult for the Committee to quantify the effect this had. It had happened 400 metres from home and it was relevant that Mr Hurrell’s horse had come out and gone straight around Mr Williams’ horse and put ½ - ¾ length advantage over it. Mr Williams has attributed this to losing momentum as a result of receiving the flat tyre. Mr Williams’ horse had made some ground on the winner late in the race but it could be seen that the winner was pricking its ears, Mr Ydgren said.
Reasons for Decision:
The Committee had listened to the evidence and submissions of the parties and had carefully viewed the video replays of the final 400 metres of the race.
It is recognised that, depending upon the circumstances, causing a punctured tyre to another runner can amount to “interference”. It is accepted that IDEOLOGIST did sustain a punctured sulky tyre at the hands of JODY DIREEN, when the latter eased out 3-wide at the 400 metres to get onto its back. We are satisfied that JODY DIREEN had caused interference to IDEOLOGIST.
The task for the Committee, and it was a difficult one, then was to determine whether, but for that interference, IDEOLOGIST would have beaten JODY DIREEN. Rule 869A (2) requires that we be satisfied that this would have been the case. We need to be more satisfied than not.
That test requires the Committee to weigh up and compare the likelihood of the existence of competing facts. It needs to be more probable than not that IDEOLOGIST would have beaten JODY DIREEN or is it established by a preponderance of probability.
Clearly, it is difficult, if not impossible, to calculate the effect of pulling a punctured sulky wheel for 400 metres at the end of a race. In coming to its decision to dismiss the protest, the Committee has had regard to the fact that the puncture was sustained only 400 metres from the finish, that JODY DIREEN had come off the back of IDEOLOGIST and quickly gone past it and to the margin of ½ length at the finish. Notwithstanding that IDEOLOGIST was making some ground near the finish of the race, it is the Committee’s view that it would not have beaten JODY DIREEN.
We are not satisfied that it was more probable than not that IDEOLOGIST would have beaten JODY DIREEN but for the interference.
JCA Decision Fields (raw)
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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: c404d218ea7b36e7f9da31a8da4dbe27
informantnumber: A12424
horsename: Jody Direen
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/02/2019
hearing_title: NZ Metro TC 15 February 2019 - R 1 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Christchurch Casino Mobile Pace, an information instigating a protest was filed by Licensed Open Driver, Mr T M Williams, driver of IDEOLOGIST placed 2nd by the judge, against JODY DIREEN (M D J Hurrell), placed 1st by the judge, on the ground of “interference near the 400 metres when JODY DIREEN contacted the sulky wheel of IDEOLOGIST”.
Present at the hearing were Mr Williams, Mr P J Robertson (Trainer of IDEOLOGIST), Mr Hurrell and Licensed Open Driver, Mr J W Cox (assisting Mr Hurrell).
Rule 869A provides as follows:
(2) Where a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of the horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
The official margin between 1st and 2nd was a ½ length.
appealdecision:
isappeal:
submissionsfordecision:
Mr Williams pointed out on a video replay that, approaching the 400 metres, IDEOLOGIST was 3-back in the 3-wide line, following JAY TEE TYRON (J R Dunn). He pointed out JODY DIREEN, driven by Mr Hurrell, in behind in the running line and about to improve out to the 3-wide line to get on his, Mr Williams’, back. In doing so, Mr Hurrell’s runner had contacted his inside sulky wheel twice. The tyre deflated immediately, Mr Williams said. As a result, he had to drag a flat tyre for the final 400 metres. Mr Hurrell had come off his back and beaten him by a ½ length, Mr Williams said.
The replay of the race to the finishing line was played to the hearing. His runner was closing at the finish, Mr Williams said. He had been disadvantaged by having to pull a flat tyre from the 400 metres. It had really affected him from the 300 metres to the 100 metres and, to the horse’s credit, it had done well to get going again. He had made up a ½ length in that final 100 metres, Mr Williams said.
Mr Robertson did not wish to add anything to what Mr Williams had said. He submitted that it could be seen on the video replay where the contact had occurred.
Mr Hurrell said that, at the 400 metres, he had gone to ease out. When he had gone to do that, his horse had seen a half-gap and attempted to charge through it. He had tried to restrain it as much as he could but it did make contact with Mr Williams’ wheel.
Rounding the final bend, he had come off Mr Williams’ back and his runner had “clearly run past” Mr Williams’ horse. His horse was wearing full blinds and, once it passed a horse or horses it was unable to see them. His horse pricked its ears towards the finish and looked to ease up, Mr Hurrell said, but had won quite comfortably in the end.
When asked by the Committee for his assessment of the likely effect on IDEOLOGIST of having to pull a flat tyre for the final 400 metres, Mr Hurrell replied that, if it had not come off the rim, it ought not to have affected it too much. He repeated that he believed that his runner had won quite easily.
Mr Cox said that IDEOLOGIST had come back at JODY DIREEN nearing the finish, but the latter was pricking its ears and “knocking off a wee bit”.
Chief Stipendiary Steward, Mr N M Ydgren, was asked for his assessment of what happened. It was quite clear, he said, that contact had been made to the inside wheel of IDEOLOGIST. Mr Williams said that the tyre deflated immediately but, in any event, the horse had pulled a punctured tyre for some distance. It was difficult for the Committee to quantify the effect this had. It had happened 400 metres from home and it was relevant that Mr Hurrell’s horse had come out and gone straight around Mr Williams’ horse and put ½ - ¾ length advantage over it. Mr Williams has attributed this to losing momentum as a result of receiving the flat tyre. Mr Williams’ horse had made some ground on the winner late in the race but it could be seen that the winner was pricking its ears, Mr Ydgren said.
reasonsfordecision:
The Committee had listened to the evidence and submissions of the parties and had carefully viewed the video replays of the final 400 metres of the race.
It is recognised that, depending upon the circumstances, causing a punctured tyre to another runner can amount to “interference”. It is accepted that IDEOLOGIST did sustain a punctured sulky tyre at the hands of JODY DIREEN, when the latter eased out 3-wide at the 400 metres to get onto its back. We are satisfied that JODY DIREEN had caused interference to IDEOLOGIST.
The task for the Committee, and it was a difficult one, then was to determine whether, but for that interference, IDEOLOGIST would have beaten JODY DIREEN. Rule 869A (2) requires that we be satisfied that this would have been the case. We need to be more satisfied than not.
That test requires the Committee to weigh up and compare the likelihood of the existence of competing facts. It needs to be more probable than not that IDEOLOGIST would have beaten JODY DIREEN or is it established by a preponderance of probability.
Clearly, it is difficult, if not impossible, to calculate the effect of pulling a punctured sulky wheel for 400 metres at the end of a race. In coming to its decision to dismiss the protest, the Committee has had regard to the fact that the puncture was sustained only 400 metres from the finish, that JODY DIREEN had come off the back of IDEOLOGIST and quickly gone past it and to the margin of ½ length at the finish. Notwithstanding that IDEOLOGIST was making some ground near the finish of the race, it is the Committee’s view that it would not have beaten JODY DIREEN.
We are not satisfied that it was more probable than not that IDEOLOGIST would have beaten JODY DIREEN but for the interference.
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the judge’s official result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A(2)
Informant: T M Williams, Licensed Open Driver
JockeysandTrainer:
Otherperson:
PersonPresent: J W Cox, Licensed Open Driver, P J Robertson, Licensed Trainer, Mr N Ydgren - Chief Stipendiary Steward
Respondent: M D J Hurrell, Licensed Junior Driver
StipendSteward:
raceid: 94d717941488102096a2586ab5a52850
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 256af5a6369b1457e4f171b791ec60c7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/02/2019
meet_title: NZ Metro TC - 15 February 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC