NZ Metro TC – 10 August 2010 – R 2 (instigating a protest)
ID: JCA20976
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 10 August 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/08/10
Race Number:
R 2
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: K R Williams, Stipendiary Steward
--Defendant: N/A
--Information No: 13945
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 10 August 2010
--Venue: Addington Raceway, Christchurch
--Race: 2
--Rule No: 869 (8)
--Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
--Plea: N/A
--Also present: Mr C D Thornley (driver of NUCIFORA), Mr M G Larter (trainer of SAMBA’S CLOUD), Mr S R McNally (driver of SAMBA’S CLOUD)
----
FACTS:
--Following the running of Race 2, “Lis Mara” at Nevele R Handicap Pace, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, against SAMBA’S CLOUD (S R McNally), placed 1st by the judge, on the ground of interference to NUCIFORA (C D Thornley) [placed 4th by the judge] with approximately 700 metres to run”.
----
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.
----
SUBMISSION(S):
--Mrs Williams showed video replays of the relevant part of the race. She pointed out SAMBA’S CLOUD in the lead racing down the back straight for the final time. NUCIFORA was on its outer. Approaching the 700 metres, SAMBA’S CLOUD began to “drift up the track”, pushing NUCIFORA wider on the track. COURAGE TO RULE (B J Borcoskie), which had been racing in the trail, pushed up on the inside and WHY AYE MAN (K M Barron), which had been in the one-one, also moved into the gap on the outside of COURAGE TO RULE. At this point, SAMBA’S CLOUD was racing 3-wide on the outside of those runners and NUCIFORA was racing 4-wide, outside SAMBA’S CLOUD.
----
Mrs Williams alleged that NUCIFORA had been progressing forward. Mr Thornley was forced to restrain the horse which lost its position and was forced to race 4-wide. The Committee noted that NUCIFORA was thereafter forced to race 4-wide and forced to cover considerable extra ground round the bend between the 700 metres and the home straight. Mrs Williams submitted that the horse’s rightful position from the 700 metres was in the “parked position” (one out outside the leader),
----
Nucifora’s chances and progress were affected in that it had lost its racing position, having been forced to race wider on the track, Mrs Williams alleged.
--Mrs Williams said that NUCIFORA had finished in 4th placing. The official margins between 2nd and 3rd was a half neck and between 3rd and 4th a neck.
----
Mr Thornley said that, down the back straight, he had attempted to “go round them” and had not been good enough. He had activated the removeable hood and flicked the horse with the whip. He had not been able to get past so had pulled back. He did not believe that the chances of NUCIFORA had been affected. He had been on the winner’s back at the turn and had thereafter lost ground on it.
----
Mr Larter said that Mr Thornley, a very experienced horseman, had stated that his chances were not affected. He submitted that the best horse had won the race. NUCIFORA was not good enough to pass SAMBA’S CLOUD.
----
REASON(S):
--The Committee was satisfied that SAMBA’S CLOUD drifting out from the markers with approximately 700 metres to run and dictating the line of NUCIFORA, forcing that runner to race 4-wide from that point until the straight entrance, did amount to interference to NUCIFORA. The extent to which SAMBA’S CLOUD had shifted outward was best illustrated by the fact that two other runners were able to take the gap left between SAMBA’S CLOUD and the markers.
----
Prior to being forced wide, NUCIFORA had improved around the field to race outside SAMBA’S CLOUD and appeared to be travelling well. Furthermore, the Committee observed that NUCIFORA was still running on in the straight and making ground on the 2nd and 3rd placed runners. The margins of a ½ neck and a neck were quite significant.
----
The Committee was, therefore, satisfied that the progress or chance of NUCIFORA was affected by the interference from SAMBA’S CLOUD.
----
The Committee found it difficult to accept, and did not accept, the evidence of Mr Thornley that the chances of NUCIFORA were not affected
----
Having regard to the facts, as found by the Committee, that NUCIFORA had lost a favourable position, when appearing to be travelling well, as a result of the interference, was thereafter forced to race significantly wider on the track, was still running on at the finish and having regard to the final margins, the Committee was satisfied that the protest should be upheld.
----
DECISION:
--The protest was upheld and SAMBA’S CLOUD was relegated to 4th placing in the race.
----
Consequent upon the relegation, the amended placings for the race are as follows:
----
1st 2 Single Dreamer
--2nd 4 Courage to Burn
--3rd 9 Nucifora
--4th 8 Samba’s Cloud
--5th 5 Why Aye Man
----
It was ordered that dividends and stakes be paid in accordance with that amended result.
----
--
--
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: 889511829a008dae8ed50ee5a384b960
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 10/08/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 10 August 2010 - R 2 (instigating a protest)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: K R Williams, Stipendiary Steward
--Defendant: N/A
--Information No: 13945
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 10 August 2010
--Venue: Addington Raceway, Christchurch
--Race: 2
--Rule No: 869 (8)
--Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
--Plea: N/A
--Also present: Mr C D Thornley (driver of NUCIFORA), Mr M G Larter (trainer of SAMBA’S CLOUD), Mr S R McNally (driver of SAMBA’S CLOUD)
----
FACTS:
--Following the running of Race 2, “Lis Mara” at Nevele R Handicap Pace, an information instigating a protest was filed by Stipendiary Steward, Mrs K R Williams, against SAMBA’S CLOUD (S R McNally), placed 1st by the judge, on the ground of interference to NUCIFORA (C D Thornley) [placed 4th by the judge] with approximately 700 metres to run”.
----
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.
----
SUBMISSION(S):
--Mrs Williams showed video replays of the relevant part of the race. She pointed out SAMBA’S CLOUD in the lead racing down the back straight for the final time. NUCIFORA was on its outer. Approaching the 700 metres, SAMBA’S CLOUD began to “drift up the track”, pushing NUCIFORA wider on the track. COURAGE TO RULE (B J Borcoskie), which had been racing in the trail, pushed up on the inside and WHY AYE MAN (K M Barron), which had been in the one-one, also moved into the gap on the outside of COURAGE TO RULE. At this point, SAMBA’S CLOUD was racing 3-wide on the outside of those runners and NUCIFORA was racing 4-wide, outside SAMBA’S CLOUD.
----
Mrs Williams alleged that NUCIFORA had been progressing forward. Mr Thornley was forced to restrain the horse which lost its position and was forced to race 4-wide. The Committee noted that NUCIFORA was thereafter forced to race 4-wide and forced to cover considerable extra ground round the bend between the 700 metres and the home straight. Mrs Williams submitted that the horse’s rightful position from the 700 metres was in the “parked position” (one out outside the leader),
----
Nucifora’s chances and progress were affected in that it had lost its racing position, having been forced to race wider on the track, Mrs Williams alleged.
--Mrs Williams said that NUCIFORA had finished in 4th placing. The official margins between 2nd and 3rd was a half neck and between 3rd and 4th a neck.
----
Mr Thornley said that, down the back straight, he had attempted to “go round them” and had not been good enough. He had activated the removeable hood and flicked the horse with the whip. He had not been able to get past so had pulled back. He did not believe that the chances of NUCIFORA had been affected. He had been on the winner’s back at the turn and had thereafter lost ground on it.
----
Mr Larter said that Mr Thornley, a very experienced horseman, had stated that his chances were not affected. He submitted that the best horse had won the race. NUCIFORA was not good enough to pass SAMBA’S CLOUD.
----
REASON(S):
--The Committee was satisfied that SAMBA’S CLOUD drifting out from the markers with approximately 700 metres to run and dictating the line of NUCIFORA, forcing that runner to race 4-wide from that point until the straight entrance, did amount to interference to NUCIFORA. The extent to which SAMBA’S CLOUD had shifted outward was best illustrated by the fact that two other runners were able to take the gap left between SAMBA’S CLOUD and the markers.
----
Prior to being forced wide, NUCIFORA had improved around the field to race outside SAMBA’S CLOUD and appeared to be travelling well. Furthermore, the Committee observed that NUCIFORA was still running on in the straight and making ground on the 2nd and 3rd placed runners. The margins of a ½ neck and a neck were quite significant.
----
The Committee was, therefore, satisfied that the progress or chance of NUCIFORA was affected by the interference from SAMBA’S CLOUD.
----
The Committee found it difficult to accept, and did not accept, the evidence of Mr Thornley that the chances of NUCIFORA were not affected
----
Having regard to the facts, as found by the Committee, that NUCIFORA had lost a favourable position, when appearing to be travelling well, as a result of the interference, was thereafter forced to race significantly wider on the track, was still running on at the finish and having regard to the final margins, the Committee was satisfied that the protest should be upheld.
----
DECISION:
--The protest was upheld and SAMBA’S CLOUD was relegated to 4th placing in the race.
----
Consequent upon the relegation, the amended placings for the race are as follows:
----
1st 2 Single Dreamer
--2nd 4 Courage to Burn
--3rd 9 Nucifora
--4th 8 Samba’s Cloud
--5th 5 Why Aye Man
----
It was ordered that dividends and stakes be paid in accordance with that amended result.
----
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(8)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d5235e149dc94c1c02a9e66a6d48c28e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0471f5105aec15d3a9ec78d9b57de2c0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/08/2010
meet_title: NZ Metro TC - 10 August 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