Ashburton TC – 24 October 2011 – R 8 (instigating a protest)
ID: JCA17444
Meet Title:
Ashburton TC - 24 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/24
Race Number:
R8
Decision:
The protest was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 8, Electricity Ashburton Handicap Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against KOTARE MACH (N C Rasmussen), placed 3rd by the judge, on the ground that it interfered with the chances of EMPYREAN (D J Dunn), placed 5th by the judge, in that “KOTARE MACH shifted out over the concluding stages crowding the running of EMPYREAN”.
Ms N C Rasmussen, driver of KOTARE MACH, was present at the hearing of the information. Mr M Purdon, co-trainer of KOTARE MACH was also present.
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.
The official margins were a head, ½ head, ½ head and ½ length.
Submissions for Decision:
Mr McIntyre said that, with approximately 100 metres to run in the race, KOTARE MACH, driven by Ms Rasmussen, was in front with EMPYREAN (D J Dunn) behind and to its outside. Outside EMPYREAN was MAJOR MARK (M Purdon) with the eventual winner, SAMMY MAGUIRE (B N Orange) outside MAJOR MARK.
Mr Dunn said that he had been tightened from the inside at about the 100 metres but was still able to drive his horse out until closer to the finishing line, when he had to take a hold of it and pull out of the position he was in. Mr McIntyre showed video replays of the final 150 metres of the race. He alleged that KOTARE MACH had shifted out slightly at about the 100 metres.
Mr Dunn said that, closer to the finishing line, the gap got smaller and he had to pull his horse out of the gap. This was inside the final 50 metres. He said that the pressure had come from the inside and he had felt no pressure from his outside.
With reference to the side-on video replay, Mr Dunn agreed with Mr McIntyre that he was running 5th when he had to restrain. Mr Dunn said that it was hard to say whether his chances had been affected. He was with “the group of five” and “was a bit behind them anyway”.
Mr McIntyre showed the head-on video replay. EMPYREAN had finished in 5th placing and had broken after the line.
Mr Dunn said that it had got tighter when MAJOR MARK got past him and he had wheels each side of him and it was close to the finishing line when he pulled out.
Ms Rasmussen conceded that her horse had shifted up the track 100-120 metres from the finish, but the movement was only slight. She submitted that, from that point, it had kept a “pretty straight line”.
Mr Purdon said that he had come off Mr Dunn’s back and had finished 4th. He did not believe that Mr Dunn’s placing was affected.
Reasons for Decision:
The first issue for the Committee to determine was whether KOTARE MACH had caused interference to EMPYREAN. Mr Dunn said that the interference had come inside the final 50 metres. Ms Rasmussen submitted that her horse was maintaining a straight course at that point of the race, after shifting out slightly 100-120 metres from the finish. The Committee found that any interference to EMPYREAN was minimal and, in any event, it was difficult to attribute fault to KOTARE MACH. There were five runners across the track. The 2nd placegetter RIVER FIELD had finished on the inside of KOTARE MACH and the winner, SAMMY MAGUIRE, was on the outside of MAJOR MARK. The margins (see above) confirm that those five runners were racing close together.
The other issue for the Committee to decide was whether any interference affected the chances or progress of EMPYREAN. There were three significant factors in this regard. Firstly, the proximity to the finishing line where Mr Dunn had to restrain which, it was agreed, was inside the final 50 metres. Secondly, the margin between 4th and 5th – a half length. Finally, the fact that MAJOR MARK, the 4th placegetter, had come off the back of EMPYREAN and ran past it. Weighing those factors up, the Committee was not satisfied that the chances or progress of EMPYREAN were affected.
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: e446675ae793d0630f8ded2f043f32bc
informantnumber: A1007
horsename: KOTARE MACH
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/10/2011
hearing_title: Ashburton TC - 24 October 2011 - R 8 (instigating a protest)
charge:
facts:
Following the running of Race 8, Electricity Ashburton Handicap Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against KOTARE MACH (N C Rasmussen), placed 3rd by the judge, on the ground that it interfered with the chances of EMPYREAN (D J Dunn), placed 5th by the judge, in that “KOTARE MACH shifted out over the concluding stages crowding the running of EMPYREAN”.
Ms N C Rasmussen, driver of KOTARE MACH, was present at the hearing of the information. Mr M Purdon, co-trainer of KOTARE MACH was also present.
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.
The official margins were a head, ½ head, ½ head and ½ length.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre said that, with approximately 100 metres to run in the race, KOTARE MACH, driven by Ms Rasmussen, was in front with EMPYREAN (D J Dunn) behind and to its outside. Outside EMPYREAN was MAJOR MARK (M Purdon) with the eventual winner, SAMMY MAGUIRE (B N Orange) outside MAJOR MARK.
Mr Dunn said that he had been tightened from the inside at about the 100 metres but was still able to drive his horse out until closer to the finishing line, when he had to take a hold of it and pull out of the position he was in. Mr McIntyre showed video replays of the final 150 metres of the race. He alleged that KOTARE MACH had shifted out slightly at about the 100 metres.
Mr Dunn said that, closer to the finishing line, the gap got smaller and he had to pull his horse out of the gap. This was inside the final 50 metres. He said that the pressure had come from the inside and he had felt no pressure from his outside.
With reference to the side-on video replay, Mr Dunn agreed with Mr McIntyre that he was running 5th when he had to restrain. Mr Dunn said that it was hard to say whether his chances had been affected. He was with “the group of five” and “was a bit behind them anyway”.
Mr McIntyre showed the head-on video replay. EMPYREAN had finished in 5th placing and had broken after the line.
Mr Dunn said that it had got tighter when MAJOR MARK got past him and he had wheels each side of him and it was close to the finishing line when he pulled out.
Ms Rasmussen conceded that her horse had shifted up the track 100-120 metres from the finish, but the movement was only slight. She submitted that, from that point, it had kept a “pretty straight line”.
Mr Purdon said that he had come off Mr Dunn’s back and had finished 4th. He did not believe that Mr Dunn’s placing was affected.
reasonsfordecision:
The first issue for the Committee to determine was whether KOTARE MACH had caused interference to EMPYREAN. Mr Dunn said that the interference had come inside the final 50 metres. Ms Rasmussen submitted that her horse was maintaining a straight course at that point of the race, after shifting out slightly 100-120 metres from the finish. The Committee found that any interference to EMPYREAN was minimal and, in any event, it was difficult to attribute fault to KOTARE MACH. There were five runners across the track. The 2nd placegetter RIVER FIELD had finished on the inside of KOTARE MACH and the winner, SAMMY MAGUIRE, was on the outside of MAJOR MARK. The margins (see above) confirm that those five runners were racing close together.
The other issue for the Committee to decide was whether any interference affected the chances or progress of EMPYREAN. There were three significant factors in this regard. Firstly, the proximity to the finishing line where Mr Dunn had to restrain which, it was agreed, was inside the final 50 metres. Secondly, the margin between 4th and 5th – a half length. Finally, the fact that MAJOR MARK, the 4th placegetter, had come off the back of EMPYREAN and ran past it. Weighing those factors up, the Committee was not satisfied that the chances or progress of EMPYREAN were affected.
Decision:
The protest was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)(a)&(b)
Informant: NG McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: DJ Dunn - Licensed Open Horseman, M M Purdon - Licensed Open Driver
Respondent: NC Rasmussen - Licensed Open Driver
StipendSteward:
raceid: 324450e25f6ca293fedaddd99a9415cb
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: 0ecf1c8e3fdb021af296a1ffd8975828
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/10/2011
meet_title: Ashburton TC - 24 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Ashburton TC