Archive Decision

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NZ Metro TC – 18 September 2009 – Race 2

ID: JCA21250

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 18 September 2009

Race Date:
2009/09/18

Race Number:
Race 2

Decision:

Following the running of Race 2, “Raffaello Ambrosio” at Eyreton Lodge Stud Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against OSCAR (J W Smith), placed 3rd by the judge, on the grounds of interference to NEVILLE VAUGHAN (K D Townley), placed 9th by the judge, “racing into the first bend”.

--

 



Following the running of Race 2, “Raffaello Ambrosio” at Eyreton Lodge Stud Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against OSCAR (J W Smith), placed 3rd by the judge, on the grounds of interference to NEVILLE VAUGHAN (K D Townley), placed 9th by the judge, “racing into the first bend”.

--

Mr Smith, part-owner, co-trainer and driver of OSCAR represented the connections of the horse at the protest hearing.

--

 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.

--

Mr Townley said that his horse had drawn 1 (at the 2600 metres standing start event). He said that, shortly after the start, there was space on his outside to get off the markers. He said that he did not wish to be on the inside on the horse. He got well off the markers and tried to hold his line. However, Mr Smith attempted to move him down, he said, and his horse broke. It was an unfortunate incident, Mr Townley said. His horse could not stand the push.

--

Mr McIntyre said that both drivers had been trying for the same gap on the back on the back of WILLIAM TELL (R P Nyhan). He referred to the Easing Down Regulations, which require a horseman to have a “clear advantage” and to carry out the manoeuvre in a gradual and acceptable manner. He said that Mr Smith was holding his line.

--

Mr Townley, when questioned by Mr McIntyre, said that the pressure was the sole reason for his horse’s breaking. It did not normally break. He believed that his horse’s chances had been affected by the interference received.

--

Mr Smith said that he had simply been following Mr Nyhan’s line. He admitted that he had put “gentle pressure” on Mr Townley but, he believed, he was in a position to do so. It was “unfortunate” that Mr Townley’s horse had galloped.

--

The Committee, after a deliberation, dismissed the protest. It was not satisfied that OSCAR had caused interference to NEVILLE VAUGHAN. Any downward movement by the former was very minimal and gradual and, in any event, it appeared that Mr Smith was in a position to ease Mr Townley down at that point in the Race. The Committee found that OSCAR was not responsible for the breaking of NEVILLE VAUGHAN.

--

The protest was dismissed and the judge’s placings for the Race stand.

--

 R G McKenzie       J Millar
CHAIR                     Committee Member
13930

--


 

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: 839dee2585de48c469eeb0cd58879c1f


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 18/09/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 18 September 2009 - Race 2


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 2, “Raffaello Ambrosio” at Eyreton Lodge Stud Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against OSCAR (J W Smith), placed 3rd by the judge, on the grounds of interference to NEVILLE VAUGHAN (K D Townley), placed 9th by the judge, “racing into the first bend”.

--

 



Following the running of Race 2, “Raffaello Ambrosio” at Eyreton Lodge Stud Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against OSCAR (J W Smith), placed 3rd by the judge, on the grounds of interference to NEVILLE VAUGHAN (K D Townley), placed 9th by the judge, “racing into the first bend”.

--

Mr Smith, part-owner, co-trainer and driver of OSCAR represented the connections of the horse at the protest hearing.

--

 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.

--

Mr Townley said that his horse had drawn 1 (at the 2600 metres standing start event). He said that, shortly after the start, there was space on his outside to get off the markers. He said that he did not wish to be on the inside on the horse. He got well off the markers and tried to hold his line. However, Mr Smith attempted to move him down, he said, and his horse broke. It was an unfortunate incident, Mr Townley said. His horse could not stand the push.

--

Mr McIntyre said that both drivers had been trying for the same gap on the back on the back of WILLIAM TELL (R P Nyhan). He referred to the Easing Down Regulations, which require a horseman to have a “clear advantage” and to carry out the manoeuvre in a gradual and acceptable manner. He said that Mr Smith was holding his line.

--

Mr Townley, when questioned by Mr McIntyre, said that the pressure was the sole reason for his horse’s breaking. It did not normally break. He believed that his horse’s chances had been affected by the interference received.

--

Mr Smith said that he had simply been following Mr Nyhan’s line. He admitted that he had put “gentle pressure” on Mr Townley but, he believed, he was in a position to do so. It was “unfortunate” that Mr Townley’s horse had galloped.

--

The Committee, after a deliberation, dismissed the protest. It was not satisfied that OSCAR had caused interference to NEVILLE VAUGHAN. Any downward movement by the former was very minimal and gradual and, in any event, it appeared that Mr Smith was in a position to ease Mr Townley down at that point in the Race. The Committee found that OSCAR was not responsible for the breaking of NEVILLE VAUGHAN.

--

The protest was dismissed and the judge’s placings for the Race stand.

--

 R G McKenzie       J Millar
CHAIR                     Committee Member
13930

--


 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules:


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b9e2ffdda8b246f22a5836c17b9e21b5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 2


submittochair:


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meetid: 66893372920a3f9b8d437d2c960988fb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/09/2009


meet_title: NZ Metro TC - 18 September 2009


meet_expappcomment:


meet_km:


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tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: NZ Metro TC