HR Waikato 31 May 2014 – R 2 (instigating a protest)
ID: JCA17459
Meet Title:
Harness Racing Waikato - 31 May 2014
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2014/05/31
Race Number:
R2
Decision:
Facts:
Following the running of Race 2 THE NEW ZEALAND HOME LOANS 2YO RUBY MOBILE TROT an Information Instigating a Protest was lodged by Mr J Dickie the Driver of SPEEDING SPUR against the fourth placing of YAGUNNAKISSMEORNOT (Driver MW McKendry). The Information alleged that YAGUNNAKISSMEORNOT shifted ground outwards inside the last 400 metres checking SPEEDING SPUR into a gallop.
This was the first Protest to be heard in respect to the placings in this race. The hearing commenced 18 minutes after Race 2.
Mr McKendry was present and advised the Committee he represented the connections of his horse and that the Protest was contested.
Rule 869(8) provides:
“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.”
Mr Dickie demonstrated the incident by use of the race films. He showed that prior to the 400 metre mark he improved inside Mr Purdon but he did say that Mr Purdon shifted in. He said that his horse’s front legs were still there and he then said that Mr McKendry shifted off the inside line and forced his horse outwards. He said that at that stage Mr Purdon was in the three wide running line and as a result of Mr McKendry’s movement that SPEEDING SPUR ran out of room and into a gallop.
Mr Dickie did confirm to the Committee that there was no contact between Mr McKendry’s horse and sulky and Mr Dickie’s horse.
Mr McKendry said that he was always in front of Mr Dickie at the relevant times and he said that he only shifted out half a horse width but that if he had have shifted out as alleged by Mr Dickie then he would have contacted Mr Dickie’s horse’s front legs.
He further reiterated that he was always in front of Mr Dickie and as far as he was concerned Mr Purdon’s horse ARYA had hung in on the bend and in Mr McKendry’s words “collected Mr Dickie’s horse”.
Submissions for Decision:
Mr McKendry said that although he had moved it was a gradual movement and that he was always in front of Mr Dickie and did not cause his horse to break.
Mr Dickie was of the view that Mr McKendry caused his horse to break.
The Committee asked Co-Chief Stipendiary Steward Mr NG McIntyre for his view and he said that as far as the Stewards were concerned Mr McKendry was in clear room and he categorically said that the Stewards attributed no blame whatsoever to Mr McKendry. He said that Mr Purdon was three wide and his horse was hanging in and that was the cause of SPEEDING SPUR breaking.
Reasons for Decision:
The Committee has listened to the evidence and we have viewed the race films several times. We have the benefit of being able to view several different angles of the incident.
In our view Mr McKendry did move out but did so gradually and at the time that Mr Dickie’s horse broke, Mr McKendry was certainly in front of him. The film also shows that Mr Purdon was not in the three wide line as alleged by Mr Dickie because of his horse hanging in. The films simply do not support Mr Dickie’s evidence.
Mr McIntyre and the Stewards are clearly of the view that Mr McKendry did not cause any interference to SPEEDING SPUR and they attributed no blame whatsoever on him. We concur with that.
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: e621b52099b1dcf04eb5632656383afd
informantnumber: A4211
horsename: YAGUNNAKISSMEORNOT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/05/2014
hearing_title: HR Waikato 31 May 2014 – R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2 THE NEW ZEALAND HOME LOANS 2YO RUBY MOBILE TROT an Information Instigating a Protest was lodged by Mr J Dickie the Driver of SPEEDING SPUR against the fourth placing of YAGUNNAKISSMEORNOT (Driver MW McKendry). The Information alleged that YAGUNNAKISSMEORNOT shifted ground outwards inside the last 400 metres checking SPEEDING SPUR into a gallop.
This was the first Protest to be heard in respect to the placings in this race. The hearing commenced 18 minutes after Race 2.
Mr McKendry was present and advised the Committee he represented the connections of his horse and that the Protest was contested.
Rule 869(8) provides:
“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.”
Mr Dickie demonstrated the incident by use of the race films. He showed that prior to the 400 metre mark he improved inside Mr Purdon but he did say that Mr Purdon shifted in. He said that his horse’s front legs were still there and he then said that Mr McKendry shifted off the inside line and forced his horse outwards. He said that at that stage Mr Purdon was in the three wide running line and as a result of Mr McKendry’s movement that SPEEDING SPUR ran out of room and into a gallop.
Mr Dickie did confirm to the Committee that there was no contact between Mr McKendry’s horse and sulky and Mr Dickie’s horse.
Mr McKendry said that he was always in front of Mr Dickie at the relevant times and he said that he only shifted out half a horse width but that if he had have shifted out as alleged by Mr Dickie then he would have contacted Mr Dickie’s horse’s front legs.
He further reiterated that he was always in front of Mr Dickie and as far as he was concerned Mr Purdon’s horse ARYA had hung in on the bend and in Mr McKendry’s words “collected Mr Dickie’s horse”.
appealdecision:
isappeal:
submissionsfordecision:
Mr McKendry said that although he had moved it was a gradual movement and that he was always in front of Mr Dickie and did not cause his horse to break.
Mr Dickie was of the view that Mr McKendry caused his horse to break.
The Committee asked Co-Chief Stipendiary Steward Mr NG McIntyre for his view and he said that as far as the Stewards were concerned Mr McKendry was in clear room and he categorically said that the Stewards attributed no blame whatsoever to Mr McKendry. He said that Mr Purdon was three wide and his horse was hanging in and that was the cause of SPEEDING SPUR breaking.
reasonsfordecision:
The Committee has listened to the evidence and we have viewed the race films several times. We have the benefit of being able to view several different angles of the incident.
In our view Mr McKendry did move out but did so gradually and at the time that Mr Dickie’s horse broke, Mr McKendry was certainly in front of him. The film also shows that Mr Purdon was not in the three wide line as alleged by Mr Dickie because of his horse hanging in. The films simply do not support Mr Dickie’s evidence.
Mr McIntyre and the Stewards are clearly of the view that Mr McKendry did not cause any interference to SPEEDING SPUR and they attributed no blame whatsoever on him. We concur with that.
Decision:
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr J Dickie - Driver of SPEEDING SPUR
JockeysandTrainer:
Otherperson:
PersonPresent: Mr NG McIntyre - Co-Chief Stipendiary Steward
Respondent: Mr MW McKendry - Driver of YAGUNNAKISSMEORNOT representing the connections
StipendSteward:
raceid: 2c490e6b7bab2d031c8bd91409861aeb
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: dd5d6fc80ac2366ff60e811663c7c07c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/05/2014
meet_title: Harness Racing Waikato - 31 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato