NZ Metropolitan TC – 20 January 2012 – R 4 (instigating a protest)
ID: JCA17107
Meet Title:
NZ Metro TC - 20 January 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/01/20
Race Number:
R4
Decision:
The protest was upheld and ROSETINTEDGLASSES was relegated from 8th to 12th placing.
Facts:
Following the running of Race 4, Lone Star Riccarton World Cup Amateur Drivers Mobile Pace (Heat 6), an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, by LIVE JAZZ (F Marty), placed 12th by the judge, against ROSETINTEDGLASSES (J Svoboda), placed 8th by the judge, on the ground that approaching the 1200 metres Mr Svoboda, as the driver of ROSETINTEDGLASSES, which was racing 3-back on the markers, shifted that horse inwards resulting in LIVE JAZZ, which had been racing in the trail, being forced to race parked.
Mr R G Anderson, a part-owner and the trainer of LIVE JAZZ, had endorsed on the information form and signed “I do not contest the protest”.
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 Ydgren showed a video replay of the relevant part of the race, between the 1300 metres and the 1000 metres. He pointed out ROSETINTEDGLASSES, driven by Mr Svoboda, racing 3-back on the markers approaching the 1200 metres. LIVE JAZZ (F Marty) was racing in the trail. At that point, the leader BALLOCHBUIE drifted off the markers and LIVE JAZZ followed it out, as it should. Mr Svoboda then improved on the inside of LIVE JAZZ and remained there, eventually settling in the trail behind the leader. Mr Ydgren said that Mr Svoboda appeared to believe that it was in order to use the passing lane to improve his position at that stage of the race. He had placed several horses in “awkward situations”, Mr Ydgren alleged. Following the incident, LIVE JAZZ was forced to race parked before securing the one out, one back position. It did not obtain a run in the home straight and finished last of the 12 runners.
Mr Ydgren sought relegation of ROSETINTEDGLASSES from 8th to 12th.
Reasons for Decision:
The Committee was satisfied that, in improving on the inside of LIVE JAZZ in the passing lane, ROSETINTEDGLASSES had interfered with the progress or chance of that runner. The Committee also noted that Mr Anderson did not contest the protest.
The Committee, in deciding to uphold the protest, also noted the provisions of paragraph 3 of the Passing Lanes, False Rails and Home Straight Regulations which state:
Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position. Any horse which does so may be disqualified, or relegated under Rule 869(8) and the horseman shall be in breach of Rule 869(3)(f).
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: cd3e24279644f003d685c0df02a62368
informantnumber: A5251
horsename: ROSETINTEDGLASSES
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/01/2012
hearing_title: NZ Metropolitan TC - 20 January 2012 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, Lone Star Riccarton World Cup Amateur Drivers Mobile Pace (Heat 6), an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, by LIVE JAZZ (F Marty), placed 12th by the judge, against ROSETINTEDGLASSES (J Svoboda), placed 8th by the judge, on the ground that approaching the 1200 metres Mr Svoboda, as the driver of ROSETINTEDGLASSES, which was racing 3-back on the markers, shifted that horse inwards resulting in LIVE JAZZ, which had been racing in the trail, being forced to race parked.
Mr R G Anderson, a part-owner and the trainer of LIVE JAZZ, had endorsed on the information form and signed “I do not contest the protest”.
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 Ydgren showed a video replay of the relevant part of the race, between the 1300 metres and the 1000 metres. He pointed out ROSETINTEDGLASSES, driven by Mr Svoboda, racing 3-back on the markers approaching the 1200 metres. LIVE JAZZ (F Marty) was racing in the trail. At that point, the leader BALLOCHBUIE drifted off the markers and LIVE JAZZ followed it out, as it should. Mr Svoboda then improved on the inside of LIVE JAZZ and remained there, eventually settling in the trail behind the leader. Mr Ydgren said that Mr Svoboda appeared to believe that it was in order to use the passing lane to improve his position at that stage of the race. He had placed several horses in “awkward situations”, Mr Ydgren alleged. Following the incident, LIVE JAZZ was forced to race parked before securing the one out, one back position. It did not obtain a run in the home straight and finished last of the 12 runners.
Mr Ydgren sought relegation of ROSETINTEDGLASSES from 8th to 12th.
reasonsfordecision:
The Committee was satisfied that, in improving on the inside of LIVE JAZZ in the passing lane, ROSETINTEDGLASSES had interfered with the progress or chance of that runner. The Committee also noted that Mr Anderson did not contest the protest.
The Committee, in deciding to uphold the protest, also noted the provisions of paragraph 3 of the Passing Lanes, False Rails and Home Straight Regulations which state:
Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position. Any horse which does so may be disqualified, or relegated under Rule 869(8) and the horseman shall be in breach of Rule 869(3)(f).
Decision:
The protest was upheld and ROSETINTEDGLASSES was relegated from 8th to 12th placing.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: G A Cook - Licensed Advanced Amateur Driver
Respondent: Mr J Svoboda - Driver of ROSETINTEDGLASSES, Mr R G Anderson - Part-owner and Trainer of LIVE JAZZ
StipendSteward:
raceid: 841052f742caed5b4aa4dca95c0b605e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e1ae6387ceb7c998f6931a6875d7c822
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/01/2012
meet_title: NZ Metro TC - 20 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC