NZ Metro TC – 8 July 2010 – R 1
ID: JCA21252
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 8 July 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/07/08
Race Number:
R 1
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION (Instigating a Protest)
--Informant: N R Escott, Chief Stipendiary Steward
--Defendant:
--Information No: 13990
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 8 July 2010
--Venue: Addington Raceway, Christchurch
--Race: 1
--Rule No: 869 (8)
--Judicial Committee: R G McKenzie, Chairman – K G Hales, Committee Member
--Plea:
--Also present: Mr C McDowell (driver of Cruz Control), Miss S Famularo (representing owner of ULTIMATE PLAYER)
----
FACTS:
--Following the running of Race 1, Thursday Night Pick Six $50,000 Closes 8.12 p.m. Tonight Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott. The protest was against ULTIMATE PLAYER (R T May), placed 1st by the judge on behalf of CRUZ CONTROL (C McDowall) placed 14th (last) by the judge on the grounds of interference in that “with approximately 1400 metres to run ULTIMATE PLAYER (R T May) shifted in onto CRUZ CONTROL resulting in CRUZ CONTROL breaking”.
----
Mr May was present at the hearing of the information and he indicated that he was representing the connections of ULTIMATE PLAYER.
----
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.
----
SUBMISSIONS:
--Mr Escott said that Mr May had told the Stewards that ULTIMATE PLAYER, while improving 3-wide, had hung in and made contact with CRUZ CONTROL causing that horse to break and lose its chance.
----
Mr McDowell, driver of CRUZ CONTROL, said that Mr May’s horse had “ducked in a little bit” as it was crossing and things had got a little bit tight. Mr May’s sulky wheel had just clipped the front leg of CRUZ CONTROL causing it to break. It was not heavy contact, he more “brushed it”. Mr McDowell said that his horse galloped and lost all chance in the race.
----
Mr N G McIntyre, Stipendiary Steward, said that he had viewed the incident from the close proximity of the patrol box at the straight entrance. He said that Mr May had been trapped 4-wide from the start of the 1950 metres mobile start event. Mr May proceeded forward. CRUZ CONTROL was racing 3-wide. As Mr May crossed to the 3-wide line, his near side sulky wheel made contact with the off front leg of CRUZ CONTROL. Mr McIntyre said that there had definitely been contact, as it could be clearly heard. The contact occurred at the apex of the turn, Mr McIntyre said. Mr McIntyre showed video replays, which were not conclusive, of the incident.
----
Mr McDowell stated, when asked by the Chairman, that it was definitely the contact that caused his horse to break.
----
Mr Escott sought disqualification of ULTIMATE PLAYER.
----
Mr May admitted that he was aware of the contact at the time. He described it as “minor” and suggested that any other horse would not have galloped. The point of contact was difficult to see on the replay, Mr May said. He did not realise at the time that CRUZ CONTROL had galloped. Mr May said that his horse had “ducked in when it was half-way past”. The horse thought that it had passed and just ran in, Mr May said. Mr May said that there was nothing in it. He submitted that CRUZ CONTROL was still pacing and had galloped after he had gone past. Mr McDowell agreed that CRUZ CONTROL had not galloped for 2-3 strides after the contact. However, he confirmed that it was the contact that had caused his horse to gallop. Mr May submitted that the incident was “just bad luck”.
----
REASONS:
--The Committee, having heard the evidence and viewed the video replays, found that ULTIMATE PLAYER had interfered with CRUZ CONTROL with approximately 1400 metres to run when it shifted in when not clear. This finding was on the basis of the evidence of Mr McDowell, who was clear in his evidence that contact had been made which caused his horse to break, the evidence of Mr McIntyre, who said that he heard the contact from his vantage point at the top of the straight, and the video evidence. Furthermore, Mr May frankly admitted that contact was made, although he said it was minor. In particular, the oral evidence was quite compelling.
----
Having found that ULTIMATE PLAYER did cause interference to CRUZ CONTROL as alleged, the Committee needed to determine whether such interference had interfered with the progress or chance of CRUZ CONTROL. That was self evident. The interference caused CRUZ CONTROL to break and lose all chance. At the time it was racing in a prominent position. The Committee was therefore satisfied that the progress or chance of CRUZ CONTROL was interfered with.
----
DECISION:
--The protest was upheld and ULTIMATE PLAYER was disqualified from the race.
----
Consequent upon the relegation, the amended placings for the race are as follows:
--1st 6 Franco Quarry
--2nd 2 Sir Varno
--3rd 3 Valhalla
--4th 14 Eye Bolt
--5th 1 Excel Bromac
--6th 11 False Promise
----
It was ordered that dividends and stakes be paid in accordance with that amended result.
----
--
R G McKenzie K G Hales
--Chairman Committee Member
--13990
----
--
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: 83e3e75fa7985fb79da3d8c1ef8eb3d7
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 08/07/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 8 July 2010 - R 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION (Instigating a Protest)
--Informant: N R Escott, Chief Stipendiary Steward
--Defendant:
--Information No: 13990
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 8 July 2010
--Venue: Addington Raceway, Christchurch
--Race: 1
--Rule No: 869 (8)
--Judicial Committee: R G McKenzie, Chairman – K G Hales, Committee Member
--Plea:
--Also present: Mr C McDowell (driver of Cruz Control), Miss S Famularo (representing owner of ULTIMATE PLAYER)
----
FACTS:
--Following the running of Race 1, Thursday Night Pick Six $50,000 Closes 8.12 p.m. Tonight Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott. The protest was against ULTIMATE PLAYER (R T May), placed 1st by the judge on behalf of CRUZ CONTROL (C McDowall) placed 14th (last) by the judge on the grounds of interference in that “with approximately 1400 metres to run ULTIMATE PLAYER (R T May) shifted in onto CRUZ CONTROL resulting in CRUZ CONTROL breaking”.
----
Mr May was present at the hearing of the information and he indicated that he was representing the connections of ULTIMATE PLAYER.
----
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.
----
SUBMISSIONS:
--Mr Escott said that Mr May had told the Stewards that ULTIMATE PLAYER, while improving 3-wide, had hung in and made contact with CRUZ CONTROL causing that horse to break and lose its chance.
----
Mr McDowell, driver of CRUZ CONTROL, said that Mr May’s horse had “ducked in a little bit” as it was crossing and things had got a little bit tight. Mr May’s sulky wheel had just clipped the front leg of CRUZ CONTROL causing it to break. It was not heavy contact, he more “brushed it”. Mr McDowell said that his horse galloped and lost all chance in the race.
----
Mr N G McIntyre, Stipendiary Steward, said that he had viewed the incident from the close proximity of the patrol box at the straight entrance. He said that Mr May had been trapped 4-wide from the start of the 1950 metres mobile start event. Mr May proceeded forward. CRUZ CONTROL was racing 3-wide. As Mr May crossed to the 3-wide line, his near side sulky wheel made contact with the off front leg of CRUZ CONTROL. Mr McIntyre said that there had definitely been contact, as it could be clearly heard. The contact occurred at the apex of the turn, Mr McIntyre said. Mr McIntyre showed video replays, which were not conclusive, of the incident.
----
Mr McDowell stated, when asked by the Chairman, that it was definitely the contact that caused his horse to break.
----
Mr Escott sought disqualification of ULTIMATE PLAYER.
----
Mr May admitted that he was aware of the contact at the time. He described it as “minor” and suggested that any other horse would not have galloped. The point of contact was difficult to see on the replay, Mr May said. He did not realise at the time that CRUZ CONTROL had galloped. Mr May said that his horse had “ducked in when it was half-way past”. The horse thought that it had passed and just ran in, Mr May said. Mr May said that there was nothing in it. He submitted that CRUZ CONTROL was still pacing and had galloped after he had gone past. Mr McDowell agreed that CRUZ CONTROL had not galloped for 2-3 strides after the contact. However, he confirmed that it was the contact that had caused his horse to gallop. Mr May submitted that the incident was “just bad luck”.
----
REASONS:
--The Committee, having heard the evidence and viewed the video replays, found that ULTIMATE PLAYER had interfered with CRUZ CONTROL with approximately 1400 metres to run when it shifted in when not clear. This finding was on the basis of the evidence of Mr McDowell, who was clear in his evidence that contact had been made which caused his horse to break, the evidence of Mr McIntyre, who said that he heard the contact from his vantage point at the top of the straight, and the video evidence. Furthermore, Mr May frankly admitted that contact was made, although he said it was minor. In particular, the oral evidence was quite compelling.
----
Having found that ULTIMATE PLAYER did cause interference to CRUZ CONTROL as alleged, the Committee needed to determine whether such interference had interfered with the progress or chance of CRUZ CONTROL. That was self evident. The interference caused CRUZ CONTROL to break and lose all chance. At the time it was racing in a prominent position. The Committee was therefore satisfied that the progress or chance of CRUZ CONTROL was interfered with.
----
DECISION:
--The protest was upheld and ULTIMATE PLAYER was disqualified from the race.
----
Consequent upon the relegation, the amended placings for the race are as follows:
--1st 6 Franco Quarry
--2nd 2 Sir Varno
--3rd 3 Valhalla
--4th 14 Eye Bolt
--5th 1 Excel Bromac
--6th 11 False Promise
----
It was ordered that dividends and stakes be paid in accordance with that amended result.
----
--
R G McKenzie K G Hales
--Chairman Committee Member
--13990
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(8)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e90ac41ce8b35659db2d1f0bbf67fd3e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 51d169848225bbd105f1f928a8258a99
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/07/2010
meet_title: NZ Metro TC - 8 July 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