NZ Metro TC 2 December 2011 – R 2 (instigating a protest)
ID: JCA17094
Meet Title:
NZ Metro TC - 2 December 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2011/12/02
Race Number:
R2
Decision:
The protest was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 2, Eye 2 Eye Optometrists @ Bush Inn Centre Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against TWILIGHT RASCAL (S R McNally), placed 4th by the judge, on the ground that Mr McNally “allowed his horse to start in advance of his correct position at the start”.
Mr McNally was present at the hearing of the information along with Mr K K Chapman, part-owner and trainer of TWILIGHT RASCAL.
Rule 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860 (8).
Submissions for Decision:
Mr Ydgren said that, prior to the start of the race, FIERY ACHIEVER which had drawn 1 (at the 2600 metres mobile start) galloped in the score-up and took no part in the start. Mr McNally, driving TWILIGHT RASCAL, had drawn to start from barrier 1 on the second row behind FIERY ACHIEVER. Mr McNally was required to remain at 1 on the second row. Mr Ydgren showed video replays of the start of the race.
Mr S P Renault, Stipendiary Steward, pointed out on the replays that TWILIGHT RASCAL appeared to have started in advance of MACINIT (B N Orange), which had drawn 2 on the second row and was in its rightful position.
Mr Mike Ryan, the Starter, said that he had been watching FIERY ACHIEVER prior to the dispatch and had not noticed whether TWILIGHT RASCAL was in advance of its proper position. He believed that the horse had been in its proper position when he had noticed it just prior to the start. He suggested that it was difficult to tell from the videos. Mr Ydgren agreed and, in response to a question from the Committee, said that TWILIGHT RASCAL was probably ¼ to ½ a length in advance of its proper position. In addition, Mr Ydgren said that TWILIGHT RASCAL did not gain any advantage as it did not show any gate speed.
Mr Chapman submitted that it could not be seen that Mr Orange was hard on the back of CALL ME DANNY. He further submitted that the “angles were inconclusive”. Mr McNally said that he was well aware of his obligation to restrain his horse.
Mr C R Thornley, who had driven CALL ME DANNY which drew 2 on the front row of the gate, said that Mr McNally had a good hold of his horse, but his (Mr Thornley’s horse), was “flat” before the start point. If his horse had had any speed he could have gone forward and dropped down to the fence in front of Mr McNally. Mr McNally’s horse had improved into the gap after the start, Mr Thornley said, and his horse had dropped back. This made it look worse than it was, Mr Thornley said.
Reasons for Decision:
For the Committee to have upheld the protest, it was necessary for the Stewards to have shown that TWILIGHT RASCAL started “other than from its correct barrier position”. The horse was drawn to start from barrier 1 on the second row at the 2600 metres mobile start. Barrier No. 1 on the front row had been vacated when FIERY ACHIEVER galloped in the score up and took no part in the start. In these circumstances, the obligation upon Mr McNally was to maintain his position of 1 on the second row until a start was declared. The question for the Committee was did he fail to do so?
The Committee was not satisfied that it had been shown that he failed to do so. In particular, the video replays shown to the Committee were inconclusive as, indeed was the oral evidence. Mr Ydgren said that TWILIGHT RASCAL was, perhaps, ¼ to a ½ length in advance of its correct position. Mr Thornley said that TWILIGHT RASCAL had improved into the gap after the start. Mr McNally said that he was well aware of his obligation to restrain the horse. Mr Chapman submitted that MACINIT was not necessarily hard on the back of CALL ME DANNY – that is to say, it was not right up in the correct position.
In the final analysis, the Committee was of the view that, while TWILIGHT RASCAL may have been slightly in advance of its correct position at the start point, it was not significantly so and not so as to be able to find that it had started “other than from its correct barrier position”. In arriving at this view, the Committee also took into account that, shortly after the start, TWILIGHT RASCAL settled four places back on the markers. Had the horse started from the front row it would be reasonable to expect that it would settle handier to the lead. Although the Rule makes no reference to the horse gaining an advantage, it was clear that TWILIGHT RASCAL gained no advantage as a result of the vacant barrier position in front of it.
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: cb56562963cce1de90dd27d130b198d2
informantnumber: A5319
horsename: TWILIGHT RASCAL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 04/12/2011
hearing_title: NZ Metro TC 2 December 2011 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, Eye 2 Eye Optometrists @ Bush Inn Centre Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against TWILIGHT RASCAL (S R McNally), placed 4th by the judge, on the ground that Mr McNally “allowed his horse to start in advance of his correct position at the start”.
Mr McNally was present at the hearing of the information along with Mr K K Chapman, part-owner and trainer of TWILIGHT RASCAL.
Rule 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860 (8).
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that, prior to the start of the race, FIERY ACHIEVER which had drawn 1 (at the 2600 metres mobile start) galloped in the score-up and took no part in the start. Mr McNally, driving TWILIGHT RASCAL, had drawn to start from barrier 1 on the second row behind FIERY ACHIEVER. Mr McNally was required to remain at 1 on the second row. Mr Ydgren showed video replays of the start of the race.
Mr S P Renault, Stipendiary Steward, pointed out on the replays that TWILIGHT RASCAL appeared to have started in advance of MACINIT (B N Orange), which had drawn 2 on the second row and was in its rightful position.
Mr Mike Ryan, the Starter, said that he had been watching FIERY ACHIEVER prior to the dispatch and had not noticed whether TWILIGHT RASCAL was in advance of its proper position. He believed that the horse had been in its proper position when he had noticed it just prior to the start. He suggested that it was difficult to tell from the videos. Mr Ydgren agreed and, in response to a question from the Committee, said that TWILIGHT RASCAL was probably ¼ to ½ a length in advance of its proper position. In addition, Mr Ydgren said that TWILIGHT RASCAL did not gain any advantage as it did not show any gate speed.
Mr Chapman submitted that it could not be seen that Mr Orange was hard on the back of CALL ME DANNY. He further submitted that the “angles were inconclusive”. Mr McNally said that he was well aware of his obligation to restrain his horse.
Mr C R Thornley, who had driven CALL ME DANNY which drew 2 on the front row of the gate, said that Mr McNally had a good hold of his horse, but his (Mr Thornley’s horse), was “flat” before the start point. If his horse had had any speed he could have gone forward and dropped down to the fence in front of Mr McNally. Mr McNally’s horse had improved into the gap after the start, Mr Thornley said, and his horse had dropped back. This made it look worse than it was, Mr Thornley said.
reasonsfordecision:
For the Committee to have upheld the protest, it was necessary for the Stewards to have shown that TWILIGHT RASCAL started “other than from its correct barrier position”. The horse was drawn to start from barrier 1 on the second row at the 2600 metres mobile start. Barrier No. 1 on the front row had been vacated when FIERY ACHIEVER galloped in the score up and took no part in the start. In these circumstances, the obligation upon Mr McNally was to maintain his position of 1 on the second row until a start was declared. The question for the Committee was did he fail to do so?
The Committee was not satisfied that it had been shown that he failed to do so. In particular, the video replays shown to the Committee were inconclusive as, indeed was the oral evidence. Mr Ydgren said that TWILIGHT RASCAL was, perhaps, ¼ to a ½ length in advance of its correct position. Mr Thornley said that TWILIGHT RASCAL had improved into the gap after the start. Mr McNally said that he was well aware of his obligation to restrain the horse. Mr Chapman submitted that MACINIT was not necessarily hard on the back of CALL ME DANNY – that is to say, it was not right up in the correct position.
In the final analysis, the Committee was of the view that, while TWILIGHT RASCAL may have been slightly in advance of its correct position at the start point, it was not significantly so and not so as to be able to find that it had started “other than from its correct barrier position”. In arriving at this view, the Committee also took into account that, shortly after the start, TWILIGHT RASCAL settled four places back on the markers. Had the horse started from the front row it would be reasonable to expect that it would settle handier to the lead. Although the Rule makes no reference to the horse gaining an advantage, it was clear that TWILIGHT RASCAL gained no advantage as a result of the vacant barrier position in front of it.
Decision:
The protest was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 862(2)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr K K Chapman - Part-Owner and Trainer, Mr C R Thornley - Licensed Open Horseman, Mr M C Ryan - Starter
Respondent: Mr S R McNally - Licensed Open Horseman
StipendSteward:
raceid: cdb47c6b174ec733c2edc190272c578a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 091b843f84d2e20bfd2dfbac1a41aa78
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/12/2011
meet_title: NZ Metro TC - 2 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC