NZ Metro TC 8 April 2011 – R3 (Instigating a Protest)
ID: JCA16421
Meet Title:
NZ Metro TC - 8 April 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Meet Committee Member 2:
BScott
Race Date:
2011/04/08
Race Number:
R3
Decision:
The protest by ANVILS DELIGHT was upheld and DELIGHT BRIGADE was relegated from 2nd to 9th. Because the protest 9th against 2nd was upheld, it was not necessary to consider whether interference had been caused to ELYSIUM (placed 5th and promoted to 4th) and/or whether its progress or chance had been interfered with.
Consequent upon the relegation, the amended result for the race is as follows:
1st 4 Artiface
2nd 2 Lively GNP
3rd 11 Zip It
4th 12 Elysium
5th 3 Exposed
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 3, Rendezvous Hotel Auckland Graduation Series (Final) Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, on behalf of ELYSIUM (A G Herlihy), placed 5th by the judge, and ANVIL’S DELIGHT (T W Mitchell), placed 9th by the judge, against DELIGHT BRIGADE (A P Neal), placed 2nd by the judge, on the ground of “interference round the first turn”.
Mr Neal, co-trainer and driver of DELIGHT BRIGADE, was present at the hearing of the information and he indicated that he was representing the connections of that horse.
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 McIntyre showed video replays of the start of the 2200 metres mobile start event. He pointed out DELIGHT BRIGADE, driven by Mr Neal, which had drawn 5 at the barrier, with ELYSIUM (A G Herlihy) on his inner approaching the first turn. Behind ELYSIUM was ANVILS DELIGHT (T W Mitchell). ARTIFACE (D J Butcher) had crossed in front of DELIGHT BRIGADE to the parked position outside the leader. At that point, DELIGHT BRIGADE appeared to turn its head and, as a result, ELYSIUM broke, went back and caused interference to ANVILS DELIGHT, which broke and lost considerable ground, settling at least 30 metres behind the field, Mr McIntyre said.
Mr Neal stated that his horse was wearing full blinds and had not had many race starts. He described the horse as “a little wayward”. He had been following ARTIFACE, and when that horse crossed over, DELIGHT BRIGADE tried to follow it across, Mr Neal said. Running into the bend, the horse had its head out. He then turned and went in and he had to correct him quickly, Mr Neal said. Mr Herlihy had yelled but Mr Neal said he was too late in getting the horse out.
When asked by the Committee, Mr Neal freely conceded that interference had been caused, as alleged, and that ANVILS DELIGHT had been badly affected. He did not contest the relegation of DELIGHT BRIGADE behind ANVILS DELIGHT.
Mr McIntyre informed the Committee that DELIGHT BRIGADE was 2/2 in the betting and ANVILS DELIGHT was 3/3.
Reasons for Decision:
The Committee was satisfied that DELIGHT BRIGADE had caused interference to ELYSIUM rounding the first bend when it shifted down and made contact with ELYSIUM causing that runner to break, with consequent interference to ANVILS DELIGHT. ANVILS DELIGHT, which had been following ELYSIUM, broke and lost considerable ground as a result of the interference. Mr Neal accepted that interference had taken place.
The Committee was clearly satisfied that the progress or chance of ANVILS DELIGHT had been interfered with.
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: b2bda3fec507ca8a3c5cf781e39c1400
informantnumber: 13856
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/02/2011
hearing_title: NZ Metro TC 8 April 2011 - R3 (Instigating a Protest)
charge:
facts:
Following the running of Race 3, Rendezvous Hotel Auckland Graduation Series (Final) Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, on behalf of ELYSIUM (A G Herlihy), placed 5th by the judge, and ANVIL’S DELIGHT (T W Mitchell), placed 9th by the judge, against DELIGHT BRIGADE (A P Neal), placed 2nd by the judge, on the ground of “interference round the first turn”.
Mr Neal, co-trainer and driver of DELIGHT BRIGADE, was present at the hearing of the information and he indicated that he was representing the connections of that horse.
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 McIntyre showed video replays of the start of the 2200 metres mobile start event. He pointed out DELIGHT BRIGADE, driven by Mr Neal, which had drawn 5 at the barrier, with ELYSIUM (A G Herlihy) on his inner approaching the first turn. Behind ELYSIUM was ANVILS DELIGHT (T W Mitchell). ARTIFACE (D J Butcher) had crossed in front of DELIGHT BRIGADE to the parked position outside the leader. At that point, DELIGHT BRIGADE appeared to turn its head and, as a result, ELYSIUM broke, went back and caused interference to ANVILS DELIGHT, which broke and lost considerable ground, settling at least 30 metres behind the field, Mr McIntyre said.
Mr Neal stated that his horse was wearing full blinds and had not had many race starts. He described the horse as “a little wayward”. He had been following ARTIFACE, and when that horse crossed over, DELIGHT BRIGADE tried to follow it across, Mr Neal said. Running into the bend, the horse had its head out. He then turned and went in and he had to correct him quickly, Mr Neal said. Mr Herlihy had yelled but Mr Neal said he was too late in getting the horse out.
When asked by the Committee, Mr Neal freely conceded that interference had been caused, as alleged, and that ANVILS DELIGHT had been badly affected. He did not contest the relegation of DELIGHT BRIGADE behind ANVILS DELIGHT.
Mr McIntyre informed the Committee that DELIGHT BRIGADE was 2/2 in the betting and ANVILS DELIGHT was 3/3.
reasonsfordecision:
The Committee was satisfied that DELIGHT BRIGADE had caused interference to ELYSIUM rounding the first bend when it shifted down and made contact with ELYSIUM causing that runner to break, with consequent interference to ANVILS DELIGHT. ANVILS DELIGHT, which had been following ELYSIUM, broke and lost considerable ground as a result of the interference. Mr Neal accepted that interference had taken place.
The Committee was clearly satisfied that the progress or chance of ANVILS DELIGHT had been interfered with.
Decision:
The protest by ANVILS DELIGHT was upheld and DELIGHT BRIGADE was relegated from 2nd to 9th. Because the protest 9th against 2nd was upheld, it was not necessary to consider whether interference had been caused to ELYSIUM (placed 5th and promoted to 4th) and/or whether its progress or chance had been interfered with.
Consequent upon the relegation, the amended result for the race is as follows:
1st 4 Artiface
2nd 2 Lively GNP
3rd 11 Zip It
4th 12 Elysium
5th 3 Exposed
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869 (8) (a) & (b)
Informant: N G McIntyre/J M Muirhead, Stipendiary Stewards
JockeysandTrainer:
Otherperson:
PersonPresent: Mr A P Neal, Licensed Open Horseman
Respondent:
StipendSteward:
raceid: e487ad41bbe2fde3cf5fcddeccbe684e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 38552d372014ba612cbec6c32d948c35
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/04/2011
meet_title: NZ Metro TC - 8 April 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 2 ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "106", "Total": "65.72", "kmprice": 65.719999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: BScott
name: NZ Metro TC