NZ Metro TC – 27 January 2005 –
ID: JCA20933
Hearing Type (Code):
harness-racing
Decision: --
Following the running of Race 4 an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(8).
| -- DECISION AND REASONS: --Following the running of Race 4 an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(8). The information reads as follows. ------"This is a protest by horse number (7) placed 6th by the judge against horse number (2) placed 2nd by the judge on the grounds of interference to horse number (7). With approx. 600m to run "So and So" (C. De Fillipi) shifted ground outwards causing "Jazz Legend" (R. T. May) to be tightened and break." --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: --
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 were Mr C. J. De Fillipi the driver, trainer and part owner of So and So (2), and Mr R. T. May the driver of Jazz Legend (7). --Mr McIntyre gave evidence that with about 600 metres to run Mr De Fillipi was seen to move his horse outwards. At that time Mr May was moving forward two wide with another horse on the outside of him. When Mr De Fillipi moved out Mr May had nowhere to go and ran out of room. The result was that his horse's near front leg made contact with Mr De Fillipi's sulky, and it then broke and lost ground. Stipendiary Steward Mr S. T. Larkins illustrated this incident by means of video coverage. --Mr May gave evidence confirming that his horse had received interference in this incident and that it broke and lost ground. --Mr De Fillipi did not dispute that there had been contact between his sulky and Mr May's horse. He explained that the horse in front of him was tiring and he was trying to move out to clear this horse. Mr De Fillipi also said that he thought it would be harsh to relegate his horse as it had finished a clear second. The official record showed that the official margin between second and third was 4 lengths, and the margin between So and So and Jazz Legend was 6? lengths. --After hearing the evidence I retired to consider my decision. --Having heard the evidence from the parties and having seen the video coverage of the incident I was satisfied that there was interference to Jazz Legend and that the interference was caused by Mr De Fillipi. I am also satisfied that this interference resulted in So and So gaining an advantage over Jazz Legend and it also interfered with the progress or chances of Jazz legend. --On returning to the Enquiry Room I advised that my decision was that So and So be relegated to 6th place. The amended placings are as follows. ----1st ? One Over Kenny (4) --2nd ? Lenny B (10) --3rd ? Power in Motion (12) --4th ? Midnight Invasion (9) --5th ? Jazz Legend (7) --6th ? So and So (2) |
| -- |
Decision Date: 27/01/2005
Publish Date: 27/01/2005
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: 7f104e5df805fc1f879f27d44f4cd3d9
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/01/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 27 January 2005 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 4 an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(8).
| -- DECISION AND REASONS: --Following the running of Race 4 an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rule 869(8). The information reads as follows. ------"This is a protest by horse number (7) placed 6th by the judge against horse number (2) placed 2nd by the judge on the grounds of interference to horse number (7). With approx. 600m to run "So and So" (C. De Fillipi) shifted ground outwards causing "Jazz Legend" (R. T. May) to be tightened and break." --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: --
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 were Mr C. J. De Fillipi the driver, trainer and part owner of So and So (2), and Mr R. T. May the driver of Jazz Legend (7). --Mr McIntyre gave evidence that with about 600 metres to run Mr De Fillipi was seen to move his horse outwards. At that time Mr May was moving forward two wide with another horse on the outside of him. When Mr De Fillipi moved out Mr May had nowhere to go and ran out of room. The result was that his horse's near front leg made contact with Mr De Fillipi's sulky, and it then broke and lost ground. Stipendiary Steward Mr S. T. Larkins illustrated this incident by means of video coverage. --Mr May gave evidence confirming that his horse had received interference in this incident and that it broke and lost ground. --Mr De Fillipi did not dispute that there had been contact between his sulky and Mr May's horse. He explained that the horse in front of him was tiring and he was trying to move out to clear this horse. Mr De Fillipi also said that he thought it would be harsh to relegate his horse as it had finished a clear second. The official record showed that the official margin between second and third was 4 lengths, and the margin between So and So and Jazz Legend was 6? lengths. --After hearing the evidence I retired to consider my decision. --Having heard the evidence from the parties and having seen the video coverage of the incident I was satisfied that there was interference to Jazz Legend and that the interference was caused by Mr De Fillipi. I am also satisfied that this interference resulted in So and So gaining an advantage over Jazz Legend and it also interfered with the progress or chances of Jazz legend. --On returning to the Enquiry Room I advised that my decision was that So and So be relegated to 6th place. The amended placings are as follows. ----1st ? One Over Kenny (4) --2nd ? Lenny B (10) --3rd ? Power in Motion (12) --4th ? Midnight Invasion (9) --5th ? Jazz Legend (7) --6th ? So and So (2) |
| -- |
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.8
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid:
race_expapproval:
racecancelled:
race_noreport:
race_emailed1:
race_emailed2:
race_title:
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid:
meet_expapproval:
meet_noreport:
waitingforpublication:
meet_emailed1:
meet_emailed2:
meetdate: no date provided
meet_title:
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation:
meet_racingtype:
meet_chair:
meet_pm1:
meet_pm2:
name: