NZ Metro TC – 8 July 2010 – R 4
ID: JCA19247
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 8 July 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/07/08
Race Number:
R 4
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION (Instigating a Protest)
--Informant: N R Escott, Chief Stipendiary Steward
--Defendant:
--Information No: 13991
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 8 July 2010
--Venue: Addington Raceway, Christchurch
--Race: 4
--Rule No: 869 (8)
--Judicial Committee: R G McKenzie, Chairman – K G Hales, Committee Member
--Plea:
--Also present:
--Mr B N Orange (driver of DREAMONA’S LADY), Mr C McDowell (driver of WILL PLAY)
----
FACTS:
--Following the running of Race 4, Lorraine Field – Carl Marshall Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward Mr N R Escott. The protest was against MINTY MELLOW (C J De Filippi) placed 3rd by the judge on behalf WILL PLAY (C McDowell) pulled up, on the grounds of interference in that “after approximately 400 metres MINTY MELLOW shifted down onto DREAMONA’S LADY which in turn checked WILL PLAY”.
----
Mr De Filippi was present at the hearing of the information and he indicated that he was representing the connections of MINTY MELLOW at the protest hearing.
----
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:
--Mr Orange, driver of DREAMONA’S LADY, said that he was urging his horse to hold the trail behind the leader, FAWN LAKE, after approximately 400 metres of the race. The horse began to pace a little roughly and Mr Orange said he was not able to stay on the back of FAWN LAKE as much as he would have liked. Mr De Filippi had taken the initiative and had tried to “squeeze” into the trail. It got quite tight, Mr Orange said, his mare panicked, hit a marker peg and “jumped out of it”, going back onto the trailing runner, WILL PLAY. There was no contact, but Mr De Fillipi had tried to “squeeze” into the trail forcing DREAMONA’S LADY to be tightened against the markers.
----
Mr McDowell, driver of WILL PLAY, said that when Mr Orange came back on him he had nowhere to go and his horse galloped.
----
Mr S P Renault, Stipendiary Steward, showed video replays of the incident. He pointed out Mr Orange in the trail behind FAWN LAKE, with Mr McDowell racing behind Mr Orange. Mr De Filippi, in the one-out line, had attempted to ease down into the trail behind the leader. He pointed out DREAMONA’S LADY hit a pylon, break briefly, and go back on WILL PLAY which galloped and lost all chance. Mr De Fillipi was never fully clear of Mr Orange at any stage, Mr Renault said.
----
Mr Escott sought disqualification of ULTIMATE PLAYER.
----
Mr De Fillipi said that he had been caught parked and Mr Orange, in the trail, was not keeping up. He was looking to get into the trail. Mr De Filippi confirmed Mr Orange’s evidence that no contact was made, but Mr Orange’s horse seemed to shy away and that was when it contacted the pylon. He admitted that he had “got a wee bit close”. In another stride, he may have been able to get in.
----
Mr De Filippi also stated that WILL PLAY should not have run into the back of Mr Orange. It was not necessary for him to be trailing right up on Mr Orange’s wheel. He pointed this out on the video replay. He alleged that it was inexperience on Mr McDowell’s part and the incident had been made to look worse than it really was.
----
In response to a question from the Chairman, Mr De Filippi agreed that he was responsible for the interference to Mr Orange but said that he was not responsible for what happened to WILL PLAY. He also agreed that, but for the interference to DREAMONA’S LADY, it was most unlikely that WILL PLAY would have galloped.
----
REASONS:
--The Committee, having heard the evidence and viewed the video replays, found that MINTY MELLOW had interfered with DREAMONA’S LADY after 400 metres when Mr De Filippi attempted to shift down and, in doing so, tightened that runner, forcing it to strike a pylon and break briefly. As a consequence of the interference to DREAMONA’S LADY, WILL PLAY, which had been following DREAMONA’S LADY, ran into the back of Mr Orange’s sulky and broke.
----
We found the evidence of both Mr Orange and Mr McDowell quite compelling. Furthermore, it was clear from the video evidence that Mr De Filippi had attempted to shift down into a gap where there was insufficient room, thereby placing undue pressure on Mr Orange’s horse.
----
We noted that Mr De Filippi had conceded that he had caused the interference to DREAMONA’S LADY. We did not accept Mr De Filippi’s submission that the breaking of WILL PLAY was caused by the inexperience of its driver.
----
Having found that MINTY MELLOW did cause interference to DREAMONA’S LADY and, in turn, to WILL PLAY as alleged, the Committee needed to determine whether such interference had interfered with the progress or chance of WILL PLAY. That was self-evident. The interference caused WILL PLAY to break and lose all chance and, in fact, be retired from the race. At the time, it was racing in a prominent position. The Committee was, therefore, satisfied that the progress or chance of WILL PLAY was interfered with.
----
DECISION:
--The protest was upheld and MINTY MELLOW was disqualified from the race.
----
--
Consequent upon the relegation, the amended placings for the race are as follows:
--1st 4 Dreamona’s Lady
--2nd 6 Uno Alice
--3rd 1 Katchafillie
--4th 15 Dying to Rule
--5th 5 BG Town
--6th 3 Hilarious Life
----
It was ordered that dividends and stakes be paid in accordance with that amended result.
----
--
--
R G McKenzie K G Hales
--Chairman Committee Member
--13991
----
--
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: 32a40078dfa741ae8b37a0a2225ba430
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 08/07/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 8 July 2010 - R 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION (Instigating a Protest)
--Informant: N R Escott, Chief Stipendiary Steward
--Defendant:
--Information No: 13991
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 8 July 2010
--Venue: Addington Raceway, Christchurch
--Race: 4
--Rule No: 869 (8)
--Judicial Committee: R G McKenzie, Chairman – K G Hales, Committee Member
--Plea:
--Also present:
--Mr B N Orange (driver of DREAMONA’S LADY), Mr C McDowell (driver of WILL PLAY)
----
FACTS:
--Following the running of Race 4, Lorraine Field – Carl Marshall Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward Mr N R Escott. The protest was against MINTY MELLOW (C J De Filippi) placed 3rd by the judge on behalf WILL PLAY (C McDowell) pulled up, on the grounds of interference in that “after approximately 400 metres MINTY MELLOW shifted down onto DREAMONA’S LADY which in turn checked WILL PLAY”.
----
Mr De Filippi was present at the hearing of the information and he indicated that he was representing the connections of MINTY MELLOW at the protest hearing.
----
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:
--Mr Orange, driver of DREAMONA’S LADY, said that he was urging his horse to hold the trail behind the leader, FAWN LAKE, after approximately 400 metres of the race. The horse began to pace a little roughly and Mr Orange said he was not able to stay on the back of FAWN LAKE as much as he would have liked. Mr De Filippi had taken the initiative and had tried to “squeeze” into the trail. It got quite tight, Mr Orange said, his mare panicked, hit a marker peg and “jumped out of it”, going back onto the trailing runner, WILL PLAY. There was no contact, but Mr De Fillipi had tried to “squeeze” into the trail forcing DREAMONA’S LADY to be tightened against the markers.
----
Mr McDowell, driver of WILL PLAY, said that when Mr Orange came back on him he had nowhere to go and his horse galloped.
----
Mr S P Renault, Stipendiary Steward, showed video replays of the incident. He pointed out Mr Orange in the trail behind FAWN LAKE, with Mr McDowell racing behind Mr Orange. Mr De Filippi, in the one-out line, had attempted to ease down into the trail behind the leader. He pointed out DREAMONA’S LADY hit a pylon, break briefly, and go back on WILL PLAY which galloped and lost all chance. Mr De Fillipi was never fully clear of Mr Orange at any stage, Mr Renault said.
----
Mr Escott sought disqualification of ULTIMATE PLAYER.
----
Mr De Fillipi said that he had been caught parked and Mr Orange, in the trail, was not keeping up. He was looking to get into the trail. Mr De Filippi confirmed Mr Orange’s evidence that no contact was made, but Mr Orange’s horse seemed to shy away and that was when it contacted the pylon. He admitted that he had “got a wee bit close”. In another stride, he may have been able to get in.
----
Mr De Filippi also stated that WILL PLAY should not have run into the back of Mr Orange. It was not necessary for him to be trailing right up on Mr Orange’s wheel. He pointed this out on the video replay. He alleged that it was inexperience on Mr McDowell’s part and the incident had been made to look worse than it really was.
----
In response to a question from the Chairman, Mr De Filippi agreed that he was responsible for the interference to Mr Orange but said that he was not responsible for what happened to WILL PLAY. He also agreed that, but for the interference to DREAMONA’S LADY, it was most unlikely that WILL PLAY would have galloped.
----
REASONS:
--The Committee, having heard the evidence and viewed the video replays, found that MINTY MELLOW had interfered with DREAMONA’S LADY after 400 metres when Mr De Filippi attempted to shift down and, in doing so, tightened that runner, forcing it to strike a pylon and break briefly. As a consequence of the interference to DREAMONA’S LADY, WILL PLAY, which had been following DREAMONA’S LADY, ran into the back of Mr Orange’s sulky and broke.
----
We found the evidence of both Mr Orange and Mr McDowell quite compelling. Furthermore, it was clear from the video evidence that Mr De Filippi had attempted to shift down into a gap where there was insufficient room, thereby placing undue pressure on Mr Orange’s horse.
----
We noted that Mr De Filippi had conceded that he had caused the interference to DREAMONA’S LADY. We did not accept Mr De Filippi’s submission that the breaking of WILL PLAY was caused by the inexperience of its driver.
----
Having found that MINTY MELLOW did cause interference to DREAMONA’S LADY and, in turn, to WILL PLAY as alleged, the Committee needed to determine whether such interference had interfered with the progress or chance of WILL PLAY. That was self-evident. The interference caused WILL PLAY to break and lose all chance and, in fact, be retired from the race. At the time, it was racing in a prominent position. The Committee was, therefore, satisfied that the progress or chance of WILL PLAY was interfered with.
----
DECISION:
--The protest was upheld and MINTY MELLOW was disqualified from the race.
----
--
Consequent upon the relegation, the amended placings for the race are as follows:
--1st 4 Dreamona’s Lady
--2nd 6 Uno Alice
--3rd 1 Katchafillie
--4th 15 Dying to Rule
--5th 5 BG Town
--6th 3 Hilarious Life
----
It was ordered that dividends and stakes be paid in accordance with that amended result.
----
--
--
R G McKenzie K G Hales
--Chairman Committee Member
--13991
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(8)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ebe9a532f0ccbb0115ea28481f3e1a97
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9fc74cc0022ef7f0fa78f9a6d50bc9c4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/07/2010
meet_title: NZ Metro TC - 8 July 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: NZ Metro TC