NZ Metro TC – 27 March 2009 – Race 4
ID: JCA20617
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 27 March 2009
Race Date:
2009/03/27
Race Number:
Race 4
Decision:
Following the running of Race 4, the First Sovereign Trust Four-Year-Old Trotters Championship, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(4), (6)(b) and (c) and (8). The information reads as follows.
--“This is a protest by horse number (10) placed 5th by the judge against horse number (7) placed 3rd by the judge on the grounds of interference with approx. 2100m to run.”
--
Following the running of Race 4, the First Sovereign Trust Four-Year-Old Trotters Championship, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(4), (6)(b) and (c) and (8). The information reads as follows.
--“This is a protest by horse number (10) placed 5th by the judge against horse number (7) placed 3rd by the judge on the grounds of interference with approx. 2100m to run.”
--Rules 869(4) and (6)(b) and (c) (the ‘push out” rule) read as follows.
--“(4) No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress.
--(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
Rule 869(8) reads 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.
Present at the hearing was Mr D. D. Nyhan the trainer, driver and part owner of “With Intent” (7). Also present was Mr M. P. Edmonds, the trainer and driver of “Ronnie Coute” who advised that he would represent the interests of the owner of that horse.
Mr Ydgren gave evidence and used video coverage to show that with about 2100 metres to run Mr Edmonds was racing two out with Mr Nyhan on his inside. It was alleged that shortly after Mr Edmonds was forced to race three wide. Mr Edmonds gave evidence in support and said that he had been forced to race three wide, and that he was moving forward when this happened.
Mr Nyhan gave evidence that he was following the same horse all the time, and he denied that he had breached the “push out” rule as alleged.
-- During the hearing video coverage of the incident from various angles was looked at on numerous occasions.
We then adjourned to consider our decision.
It was clear to us that at about the 2100 metre mark Mr Nyhan was on the marker line with Mr Edmonds on his outside. There was no clear evidence shown on the videos that Mr Nyhan had pushed Mr Edmonds three wide, but on entering the back straight Mr Nyhan was two wide and Mr Edmonds was three wide. It seems, however, that Mr Nyhan had at all relevant times been following the same horse.
--After reviewing the evidence we decided that there was insufficient evidence that there had been a breach of the “push out” rule by Mr Nyhan, and that the protest should be dismissed,
--On returning to the Enquiry Room we advised the parties of our decision to dismiss the protest.
----
J. M. Phelan
Chairman
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: 6d0f14a566c46d337b22284ea2695d92
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/03/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 27 March 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 4, the First Sovereign Trust Four-Year-Old Trotters Championship, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(4), (6)(b) and (c) and (8). The information reads as follows.
--“This is a protest by horse number (10) placed 5th by the judge against horse number (7) placed 3rd by the judge on the grounds of interference with approx. 2100m to run.”
--
Following the running of Race 4, the First Sovereign Trust Four-Year-Old Trotters Championship, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(4), (6)(b) and (c) and (8). The information reads as follows.
--“This is a protest by horse number (10) placed 5th by the judge against horse number (7) placed 3rd by the judge on the grounds of interference with approx. 2100m to run.”
--Rules 869(4) and (6)(b) and (c) (the ‘push out” rule) read as follows.
--“(4) No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress.
--(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
Rule 869(8) reads 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.
Present at the hearing was Mr D. D. Nyhan the trainer, driver and part owner of “With Intent” (7). Also present was Mr M. P. Edmonds, the trainer and driver of “Ronnie Coute” who advised that he would represent the interests of the owner of that horse.
Mr Ydgren gave evidence and used video coverage to show that with about 2100 metres to run Mr Edmonds was racing two out with Mr Nyhan on his inside. It was alleged that shortly after Mr Edmonds was forced to race three wide. Mr Edmonds gave evidence in support and said that he had been forced to race three wide, and that he was moving forward when this happened.
Mr Nyhan gave evidence that he was following the same horse all the time, and he denied that he had breached the “push out” rule as alleged.
-- During the hearing video coverage of the incident from various angles was looked at on numerous occasions.
We then adjourned to consider our decision.
It was clear to us that at about the 2100 metre mark Mr Nyhan was on the marker line with Mr Edmonds on his outside. There was no clear evidence shown on the videos that Mr Nyhan had pushed Mr Edmonds three wide, but on entering the back straight Mr Nyhan was two wide and Mr Edmonds was three wide. It seems, however, that Mr Nyhan had at all relevant times been following the same horse.
--After reviewing the evidence we decided that there was insufficient evidence that there had been a breach of the “push out” rule by Mr Nyhan, and that the protest should be dismissed,
--On returning to the Enquiry Room we advised the parties of our decision to dismiss the protest.
----
J. M. Phelan
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4, 869.8
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0026bf5611bd8e126f7d5783c053b33e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
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race_km:
race_otherexp:
race_chair:
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meetid: 2692678874df4336dfd763f647cb8c1a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/03/2009
meet_title: NZ Metro TC - 27 March 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC