NZ Metro TC 23 September 2010 – R 4 (instigating a protest)
ID: JCA20587
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 23 September 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/09/23
Race Number:
R 4
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mrs K. R. Williams, Stipendiary Steward
--Defendant: N/A
--Information No: 14542 (Instigating a Protest)
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 23 September 2010
--Venue: Addington Raceway
--Race No. 4: Wai-Eyre Farm Mobile Pace
--Rule No: 869(8)
--Judicial Committee: J. M. Phelan, Chairman - S. C. Ching, Committee Member
--Also Present: Mr C. T. Dalgety (trainer) and Mr D. J. Dunn (driver) representing the interests of “Johnny Be”, and Mr A. M. Butt, the driver of “Ballindooley” who represented the interests of that horse.
----
Facts:
--Following the running of Race 4, the Wai-Eyre Farm Mobile Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams Instigating a Protest against the first placing of “Johnny Be” (9).
----
The Information reads as follows.
----
“This is a protest against horse number (9) placed 1st by the judge on the grounds of interference with approximately 1000m remaining”
----
Rule 869(8) provides as follows.
----
“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:
--Mrs Williams gave evidence and used video coverage to show that shortly after the 1000 metre mark “Johnny Be” was racing in the trail when it broke from its correct gait and momentarily came back on to the trailing horse “Mabrook”. Immediately behind “Mabrook” was “Ballindooley” driven by Mr A. M. Butt, and this horse also went into a break.
----
Mr A. M. Butt gave evidence that although Mr Dunn’s horse broke up ahead of him he did not feel that his horse should have broken. He said that he could see what was happening and had to take hold of him “fractionally”. It was “Ballindooley’s” first start and was racing greenly. Mr Butt’s evidence also established that there was a gap between his horse and the one in front of him, and when he took hold of his horse it broke when he didn’t think it should have. There was no contact during this incident.
----
Mr Butt also pointed out that later in the race he had positioned “Mabrook” on the marker line and in a similar position to when this incident took place and that “Mabrook” again broke free of interference. Mr Butt said that he was reluctant to blame the breaking of “Johnny Be” for his horse breaking.
----
Mr Dalgety gave evidence and agreed with the assessment given by Mr Butt.
----
It was the Stipendiary Stewards’ case that there had been resultant interference to “Ballindooley” which had interfered with the progress or chance of that horse.
----
After hearing the evidence we adjourned to consider our decision.
----
Decision:
--After carefully considering the evidence and the video coverage we were not satisfied that the breaking of “Johnny Be” had caused “Ballindooley” to break and lose ground. In particular we took into account the evidence of Mr A. M. Butt that his horse should not have broken when he took hold of it, that there was no contact, and that “Ballindooley” was racing greenly. It was also relevant that “Ballindooley” broke again, free of interference, later in the race.
----
We decided that this protest should be dismissed.
----
On resuming the hearing none of the connections of the horses involved were present, and we advised that a full written decision would be given later, and that the protest was dismissed and the judge’s placings were confirmed.
----
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: a3cb27294902775794babb1cb3d2040d
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 23/09/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC 23 September 2010 - R 4 (instigating a protest)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mrs K. R. Williams, Stipendiary Steward
--Defendant: N/A
--Information No: 14542 (Instigating a Protest)
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 23 September 2010
--Venue: Addington Raceway
--Race No. 4: Wai-Eyre Farm Mobile Pace
--Rule No: 869(8)
--Judicial Committee: J. M. Phelan, Chairman - S. C. Ching, Committee Member
--Also Present: Mr C. T. Dalgety (trainer) and Mr D. J. Dunn (driver) representing the interests of “Johnny Be”, and Mr A. M. Butt, the driver of “Ballindooley” who represented the interests of that horse.
----
Facts:
--Following the running of Race 4, the Wai-Eyre Farm Mobile Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams Instigating a Protest against the first placing of “Johnny Be” (9).
----
The Information reads as follows.
----
“This is a protest against horse number (9) placed 1st by the judge on the grounds of interference with approximately 1000m remaining”
----
Rule 869(8) provides as follows.
----
“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:
--Mrs Williams gave evidence and used video coverage to show that shortly after the 1000 metre mark “Johnny Be” was racing in the trail when it broke from its correct gait and momentarily came back on to the trailing horse “Mabrook”. Immediately behind “Mabrook” was “Ballindooley” driven by Mr A. M. Butt, and this horse also went into a break.
----
Mr A. M. Butt gave evidence that although Mr Dunn’s horse broke up ahead of him he did not feel that his horse should have broken. He said that he could see what was happening and had to take hold of him “fractionally”. It was “Ballindooley’s” first start and was racing greenly. Mr Butt’s evidence also established that there was a gap between his horse and the one in front of him, and when he took hold of his horse it broke when he didn’t think it should have. There was no contact during this incident.
----
Mr Butt also pointed out that later in the race he had positioned “Mabrook” on the marker line and in a similar position to when this incident took place and that “Mabrook” again broke free of interference. Mr Butt said that he was reluctant to blame the breaking of “Johnny Be” for his horse breaking.
----
Mr Dalgety gave evidence and agreed with the assessment given by Mr Butt.
----
It was the Stipendiary Stewards’ case that there had been resultant interference to “Ballindooley” which had interfered with the progress or chance of that horse.
----
After hearing the evidence we adjourned to consider our decision.
----
Decision:
--After carefully considering the evidence and the video coverage we were not satisfied that the breaking of “Johnny Be” had caused “Ballindooley” to break and lose ground. In particular we took into account the evidence of Mr A. M. Butt that his horse should not have broken when he took hold of it, that there was no contact, and that “Ballindooley” was racing greenly. It was also relevant that “Ballindooley” broke again, free of interference, later in the race.
----
We decided that this protest should be dismissed.
----
On resuming the hearing none of the connections of the horses involved were present, and we advised that a full written decision would be given later, and that the protest was dismissed and the judge’s placings were confirmed.
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(8)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cd7a9a6de9623b38386609c407229cc5
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: f1f65d65b72a3d1a401a89f354d08ae8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/09/2010
meet_title: NZ Metro TC - 23 September 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