NZ Metropolitan TC 26 March 2021 – R 8 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA16889
Meet Title:
NZ Metro TC - 26 March 2021
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2021/03/26
Race Number:
R8
Decision:
The protest was dismissed.
It was ordered that stakes and dividends be paid in accordance with the Judge’s official placings.
Facts:
Following the running of Race 8, Vero Flying Stakes (Group 2) Mobile Pace, an Information instigating a protest was filed by Chief Stipendiary Steward, Mr NM Ydgren, against YOROKOBI (RD Close), placed 2nd by the judge, on the ground that it “shifted inwards on the final bend and raced inside several track markers thereby gaining an advantage”.
The start time of the race was 8.39 pm. The Information was presented to the Committee at 8.59 pm.
Mr Close was present at the hearing together with Mr R Todd, Trainer of YOROKOBI. Also present was Ms NC Rasmussen, driver of ROCK LEGEND in the race.
Rule 869 provides as follows:
(7B) Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.
The judge’s placings for the race were:
1st - 5 Krug
2nd - 10 Yorokobi
3rd - 7 B D Joe
4th - 12 Pace N Pride
5th - 3 Luke John
Submissions for Decision:
Mr Ydgren had Stipendiary Steward, Mr P Williams, point out on a video replay YOROKOBI, driven by Mr Close, racing four places back on the markers as the field neared the home turn. ROCK LEGEND, driven by Ms Rasmussen, was three places back, in front of YOROKOBI.
He then pointed out the horse in the trail, IT’S ALL ABOUT FAITH (M Purdon), lay in and contact track markers. Ms Rasmussen has then decided to shift outwards into a position behind the parked runner, RAGAZZO MACH (N Williamson), Mr Ydgren said. Mr Close then improved his runner to a position inside of Ms Rasmussen’s wheel, at which point Ms Rasmussen changed her mind and shifted back down the track, attempting to take up her original position, forcing Mr Close to race inside markers for some distance. Mr Close went from four places back on the markers to beating Ms Rasmussen to the passing lane and running on in to 2nd placing.
Mr Ydgren referred to the proviso in the Rule relating to when a horse has moved inside the track marker line as a result of interference. The run that was presented to Mr Close would not have eventuated without the initial outwards movement of Ms Rasmussen’s runner after which Ms Rasmussen has come back down the track.
Mr Close told the hearing that, when Ms Rasmussen has come out, he believed that there was room for his horse to be in that position. She had then come back down and forced his runner over the markers. Mr Purdon contacting markers beforehand had made matters worse, Mr Close said.
Mr Ydgren said that Mr Close had been advantaged by being able to race inside the marker line but there is doubt as to whether that was because of him or Ms Rasmussen.
Ms Rasmussen said that, after racing 3-back on the markers, she started to move up the track but had not fully done so, still being on the wheel of IT’S ALL ABOUT FAITH. There was no room to come further out as RAGAZZO MACH was coming back. In the meantime, Mr Close had come into the gap which he was entitled to do, she said. If she had kept coming out, the run would have been there for Mr Close. Things got tight and she moved back down, she said. Ms Rasmussen said that IT’S ALL ABOUT FAITH, hanging down the track, and not going forward, made for less room. She submitted that there were a number of contributing factors that led to the incident, and it could not be attributed to any one horse or driver.
Reasons for Decision:
Mr Close’s runner, YOROKOBI, has gained an advantage by racing inside the track markers on the turn, after the opportunity presented itself to him. It was not an advantage that Mr Close had sought, and he did all that could be reasonably expected of him in the circumstances to achieve the best possible finishing position for his horse.
The Committee is satisfied that Mr Close’s runner had been dictated inside the markers by another runner. We believe that this is precisely the type of situation contemplated by the Rulemakers when the Rule was made, and rightly so. Mr Close’s runner has raced inside the track marker line and has gained an advantage. That much is clear. However, the Committee is satisfied that it has been established, in terms of the Rule, that it was the result of interference by another horse or driver.
Having made that finding, the Committee is satisfied that the 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: aeb6f9b580416d3a9277155933a58ec2
informantnumber: A13309
horsename: YOROKOBI
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/04/2021
hearing_title: NZ Metropolitan TC 26 March 2021 - R 8 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Vero Flying Stakes (Group 2) Mobile Pace, an Information instigating a protest was filed by Chief Stipendiary Steward, Mr NM Ydgren, against YOROKOBI (RD Close), placed 2nd by the judge, on the ground that it “shifted inwards on the final bend and raced inside several track markers thereby gaining an advantage”.
The start time of the race was 8.39 pm. The Information was presented to the Committee at 8.59 pm.
Mr Close was present at the hearing together with Mr R Todd, Trainer of YOROKOBI. Also present was Ms NC Rasmussen, driver of ROCK LEGEND in the race.
Rule 869 provides as follows:
(7B) Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.
The judge’s placings for the race were:
1st - 5 Krug
2nd - 10 Yorokobi
3rd - 7 B D Joe
4th - 12 Pace N Pride
5th - 3 Luke John
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren had Stipendiary Steward, Mr P Williams, point out on a video replay YOROKOBI, driven by Mr Close, racing four places back on the markers as the field neared the home turn. ROCK LEGEND, driven by Ms Rasmussen, was three places back, in front of YOROKOBI.
He then pointed out the horse in the trail, IT’S ALL ABOUT FAITH (M Purdon), lay in and contact track markers. Ms Rasmussen has then decided to shift outwards into a position behind the parked runner, RAGAZZO MACH (N Williamson), Mr Ydgren said. Mr Close then improved his runner to a position inside of Ms Rasmussen’s wheel, at which point Ms Rasmussen changed her mind and shifted back down the track, attempting to take up her original position, forcing Mr Close to race inside markers for some distance. Mr Close went from four places back on the markers to beating Ms Rasmussen to the passing lane and running on in to 2nd placing.
Mr Ydgren referred to the proviso in the Rule relating to when a horse has moved inside the track marker line as a result of interference. The run that was presented to Mr Close would not have eventuated without the initial outwards movement of Ms Rasmussen’s runner after which Ms Rasmussen has come back down the track.
Mr Close told the hearing that, when Ms Rasmussen has come out, he believed that there was room for his horse to be in that position. She had then come back down and forced his runner over the markers. Mr Purdon contacting markers beforehand had made matters worse, Mr Close said.
Mr Ydgren said that Mr Close had been advantaged by being able to race inside the marker line but there is doubt as to whether that was because of him or Ms Rasmussen.
Ms Rasmussen said that, after racing 3-back on the markers, she started to move up the track but had not fully done so, still being on the wheel of IT’S ALL ABOUT FAITH. There was no room to come further out as RAGAZZO MACH was coming back. In the meantime, Mr Close had come into the gap which he was entitled to do, she said. If she had kept coming out, the run would have been there for Mr Close. Things got tight and she moved back down, she said. Ms Rasmussen said that IT’S ALL ABOUT FAITH, hanging down the track, and not going forward, made for less room. She submitted that there were a number of contributing factors that led to the incident, and it could not be attributed to any one horse or driver.
reasonsfordecision:
Mr Close’s runner, YOROKOBI, has gained an advantage by racing inside the track markers on the turn, after the opportunity presented itself to him. It was not an advantage that Mr Close had sought, and he did all that could be reasonably expected of him in the circumstances to achieve the best possible finishing position for his horse.
The Committee is satisfied that Mr Close’s runner had been dictated inside the markers by another runner. We believe that this is precisely the type of situation contemplated by the Rulemakers when the Rule was made, and rightly so. Mr Close’s runner has raced inside the track marker line and has gained an advantage. That much is clear. However, the Committee is satisfied that it has been established, in terms of the Rule, that it was the result of interference by another horse or driver.
Having made that finding, the Committee is satisfied that the protest should be dismissed.
Decision:
The protest was dismissed.
It was ordered that stakes and dividends be paid in accordance with the Judge’s official placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7B)
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr RW Todd - Licensed Public Trainer, Ms NC Rasmussen - Licensed Open Driver, Mr P Williams - Stipendiary Steward
Respondent: Mr RD Close - Licensed Public Trainer
StipendSteward:
raceid: facc0286315c0662756caff5bbf1d6df
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 29a2b21a04984044b2233eb4638eb997
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/03/2021
meet_title: NZ Metro TC - 26 March 2021
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