Reefton TC – 20 April 2007 – Race 8
ID: JCA20725
Hearing Type (Code):
harness-racing
Meet Title:
Reefton TC - 20 April 2007
Race Date:
2007/04/20
Race Number:
Race 8
Decision: --
Following the running of Race 8, the PJ Jeans Pace, Stipendiary Steward Mr N. G. McIntyre laid an Information instigating a protest against the first placing of DISTINCT driven by Mr D. J Butt.
--
Following the running of Race 8, the PJ Jeans Pace, Stipendiary Steward Mr N. G. McIntyre laid an Information instigating a protest against the first placing of DISTINCT driven by Mr D. J Butt. It was alleged that there had been a breach of Rule 869(8) and the Passing Lanes, False Rails and Home Straight Regulations. The Information reads as follows.
------"This is a protest against horse number (16) placed 1st by the judge on the grounds of interference to horse numbers (14) and (7)".
--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:
--- ------
- may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or --
- 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.
- --
This charge was based on a breach of the Passing Lanes, False Rails and Home Straight Regulations. The relevant clauses of this regulation are as follows ?
------"4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane."
--"7. Except where a horseman is making a move pursuant to Rule869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line."
--"8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869(8) apply."
--Mr D. Butt confirmed that he understood the nature of the protest and the regulations that applied. Mr Butt also said that he would represent the interests of the owners of the horse at this hearing.
------Mr McIntyre used video coverage of the race to show that in the final stages of the race DISTINCT moved outwards quite sharply into the line of both SPECIAL NEEDS (2nd) and BETTOR?S STRIKE (3rd). It was alleged that because of this movement DISTINCT had taken the line of both these horses and had therefore been in breach of Clause 7 (see above). The margins between 1st and 2nd was a nose, and between 2nd and 3rd a neck.
--Mr C. De Fillipi, the driver of SPECIAL NEEDS, said that his horse was pushed wider on the track, but that he believed that he "had his chance" to beat the winner. Mr A. Butt, the driver of BETTOR?S STRIKE said that his horse was hanging in a bit, and that the movement from DISTINCT had made it a bit more difficult for him.
--After hearing the evidence I adjourned to consider my decision. On returning to the Enquiry Room (as time was short) I advised the parties that a full written decision would be given later, and that my decision was that the protest by SPECIAL NEEDS was upheld, and the protest by BETTOR?S STRIKE was dismissed.
--Reasons: It was clear from the evidence and the video coverage the Mr D. Butt was having a difficult drive behind DISTINCT. The horse entered the straight already a cart width off the marker line. As it neared the finish it moved out sharply and Mr D. Butt had to take hold and straighten his horse.
--Because of this movement by DISTINCT, SPECIAL NEEDS had to move about two cart widths wider on the track when making its run. The movement by DISTINCT was in breach of Clause 7 and amounted to interference to SPECIAL NEEDS. I was satisfied that DISTINCT had gained an advantage in that it had interfered with the progress of SPECIAL NEEDS. As the margin at the finish was a nose I decided that I should exercise my discretion and relegate DISTINCT to 2nd place behind BETTOR?S STRIKE.
--The situation relating to BETTOR?S STRIKE was similar in that it was also forced to move wider on the track when making its run. This horse came from behind DISTINCT and BETTOR?S STRIKE and the margin between 2nd and 3rd at the finish was a neck. In this case also Clause 7 applies, and there was interference with the progress of BETTOR?S STRIKE by DISTINCT. In this case however I was satisfied that the interference was so close to the finish of the race that it did not result in BETTOR?S STRIKE being denied a chance to finish in front of the other two horses. I therefore decided to exercise my discretion not to further relegate DISTINCT and this protest was dismissed.
--As a result of the above decisions the amended places are as follows.
--1st ? SPECIAL NEEDS (7)
--2nd ? DISTINCT (16)
--3rd ? BETTOR?S STRIKE (14)
--4th ? MIDNIGHT IN PARIS (10)
--5th ? ROSA?S COURAGE (8)
--6th ? WESTVILLE ATOM (5)
----
- --
- 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: 8321e05b7a988fc30458722a7802636d
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 20/04/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Reefton TC - 20 April 2007 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 8, the PJ Jeans Pace, Stipendiary Steward Mr N. G. McIntyre laid an Information instigating a protest against the first placing of DISTINCT driven by Mr D. J Butt.
--
Following the running of Race 8, the PJ Jeans Pace, Stipendiary Steward Mr N. G. McIntyre laid an Information instigating a protest against the first placing of DISTINCT driven by Mr D. J Butt. It was alleged that there had been a breach of Rule 869(8) and the Passing Lanes, False Rails and Home Straight Regulations. The Information reads as follows.
------"This is a protest against horse number (16) placed 1st by the judge on the grounds of interference to horse numbers (14) and (7)".
--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:
--- ------
- --
- may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or --
- 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.
This charge was based on a breach of the Passing Lanes, False Rails and Home Straight Regulations. The relevant clauses of this regulation are as follows ?
------"4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane."
--"7. Except where a horseman is making a move pursuant to Rule869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line."
--"8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869(8) apply."
--Mr D. Butt confirmed that he understood the nature of the protest and the regulations that applied. Mr Butt also said that he would represent the interests of the owners of the horse at this hearing.------Mr McIntyre used video coverage of the race to show that in the final stages of the race DISTINCT moved outwards quite sharply into the line of both SPECIAL NEEDS (2nd) and BETTOR?S STRIKE (3rd). It was alleged that because of this movement DISTINCT had taken the line of both these horses and had therefore been in breach of Clause 7 (see above). The margins between 1st and 2nd was a nose, and between 2nd and 3rd a neck.
--Mr C. De Fillipi, the driver of SPECIAL NEEDS, said that his horse was pushed wider on the track, but that he believed that he "had his chance" to beat the winner. Mr A. Butt, the driver of BETTOR?S STRIKE said that his horse was hanging in a bit, and that the movement from DISTINCT had made it a bit more difficult for him.
--After hearing the evidence I adjourned to consider my decision. On returning to the Enquiry Room (as time was short) I advised the parties that a full written decision would be given later, and that my decision was that the protest by SPECIAL NEEDS was upheld, and the protest by BETTOR?S STRIKE was dismissed.
--Reasons:
It was clear from the evidence and the video coverage the Mr D. Butt was having a difficult drive behind DISTINCT. The horse entered the straight already a cart width off the marker line. As it neared the finish it moved out sharply and Mr D. Butt had to take hold and straighten his horse. --Because of this movement by DISTINCT, SPECIAL NEEDS had to move about two cart widths wider on the track when making its run. The movement by DISTINCT was in breach of Clause 7 and amounted to interference to SPECIAL NEEDS. I was satisfied that DISTINCT had gained an advantage in that it had interfered with the progress of SPECIAL NEEDS. As the margin at the finish was a nose I decided that I should exercise my discretion and relegate DISTINCT to 2nd place behind BETTOR?S STRIKE.
--The situation relating to BETTOR?S STRIKE was similar in that it was also forced to move wider on the track when making its run. This horse came from behind DISTINCT and BETTOR?S STRIKE and the margin between 2nd and 3rd at the finish was a neck. In this case also Clause 7 applies, and there was interference with the progress of BETTOR?S STRIKE by DISTINCT. In this case however I was satisfied that the interference was so close to the finish of the race that it did not result in BETTOR?S STRIKE being denied a chance to finish in front of the other two horses. I therefore decided to exercise my discretion not to further relegate DISTINCT and this protest was dismissed.
--As a result of the above decisions the amended places are as follows.
--1st ? SPECIAL NEEDS (7)
--2nd ? DISTINCT (16)
--3rd ? BETTOR?S STRIKE (14)
--4th ? MIDNIGHT IN PARIS (10)
--5th ? ROSA?S COURAGE (8)
--6th ? WESTVILLE ATOM (5)
----
- --
- M. Phelan
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.8, 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f577fdd9dc85c0dc3e3100e90555ea00
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9a9b7892c71a082b462da52719dee895
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/04/2007
meet_title: Reefton TC - 20 April 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Reefton TC