Archive Decision

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NZ Metro TC – 1 May 2009 – Race 10

ID: JCA21291

Hearing Type:
Old Hearing

Rules:
869.8

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 1 May 2009

Race Date:
2009/05/01

Race Number:
Race 10

Decision:

Following the running of Race 10, the Robbies Bar & Bistro Hanmer Handicap Trot, an Information Instigating a Protest was filed by the Licensed Trainer and driver of SPOT OF GOLD (1), Mr G. R. Rich,  alleging a breach of Rule 869(8).  The information reads as follows.

--

“This is a protest by  horse number (1) against horse number (9) placed 3rd by the judge on the grounds of interference to horse number (1) with approx. 400 metres to run.” 

--


 



Following the running of Race 10, the Robbies Bar & Bistro Hanmer Handicap Trot, an Information Instigating a Protest was filed by the Licensed Trainer and driver of SPOT OF GOLD (1), Mr G. R. Rich,  alleging a breach of Rule 869(8).  The information reads as follows.

--

“This is a protest by  horse number (1) against horse number (9) placed 3rd by the judge on the grounds of interference to horse number (1) with approx. 400 metres to run.” 

--

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:
(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.

--

Present at the hearing were Mr G. R. Rich the trainer, driver and owner of SPOT OF GOLD (1), and Mr J. B. Geddes the trainer, driver and part owner of HAVE FAITH (9).
 
In support of his protest Mr Rich gave evidence and used video coverage to show that with about 400 metres to run he was improving three wide. At this time Mr Geddes and HAVE FAITH were in the one out and one back position.  Mr Rich contended when he was passing HAVE FAITH Mr Geddes moved out into his line and made contact with his horse causing it to break and lose its chance.

--

Mr Geddes gave evidence that there was contact between the two horses, but that this was caused by Mr Rich trying to hold him in even though, in his opinion, he was making a gradual and legitimate move outwards to obtain a clear run.

--

We viewed the video coverage on numerous occasions.

--

As Mr Rich had been slow to arrive at the Enquiry Room to support his protest there was very little time available before Race 11 was due to start.  As this was a parties’ protest Stipendiary Steward Mrs Williams was entitled to give her interpretation of this incident.  She said that in her opinion Mr Geddes made his movement outwards slowly and that he was entitled to do so.

--

We then adjourned to consider our decision.

--

After seeing the video coverage, and after hearing the evidence, we were  satisfied that there had been contact between the two horses involved but that this was caused by Mr Rich resisting being moved wider on the track.  We were also satisfied that the movement outwards made by Mr Geddes was gradual and within the Rules.

--

On returning to the Enquiry Room we were aware that the time for the start of Race 11 had already passed.  We advised the parties that a full written decision with our reasons (as set out above) would be issued later and that we accepted that Mr Geddes had moved his horse outwards in a gradual and acceptable manner, and that the protest was dismissed.

--

 

--


J.  M. Phelan
Chairman
13894 P

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: 8d04031834c33ef30aa9537d849ff559


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 01/05/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 1 May 2009 - Race 10


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 10, the Robbies Bar & Bistro Hanmer Handicap Trot, an Information Instigating a Protest was filed by the Licensed Trainer and driver of SPOT OF GOLD (1), Mr G. R. Rich,  alleging a breach of Rule 869(8).  The information reads as follows.

--

“This is a protest by  horse number (1) against horse number (9) placed 3rd by the judge on the grounds of interference to horse number (1) with approx. 400 metres to run.” 

--


 



Following the running of Race 10, the Robbies Bar & Bistro Hanmer Handicap Trot, an Information Instigating a Protest was filed by the Licensed Trainer and driver of SPOT OF GOLD (1), Mr G. R. Rich,  alleging a breach of Rule 869(8).  The information reads as follows.

--

“This is a protest by  horse number (1) against horse number (9) placed 3rd by the judge on the grounds of interference to horse number (1) with approx. 400 metres to run.” 

--

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:
(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.

--

Present at the hearing were Mr G. R. Rich the trainer, driver and owner of SPOT OF GOLD (1), and Mr J. B. Geddes the trainer, driver and part owner of HAVE FAITH (9).
 
In support of his protest Mr Rich gave evidence and used video coverage to show that with about 400 metres to run he was improving three wide. At this time Mr Geddes and HAVE FAITH were in the one out and one back position.  Mr Rich contended when he was passing HAVE FAITH Mr Geddes moved out into his line and made contact with his horse causing it to break and lose its chance.

--

Mr Geddes gave evidence that there was contact between the two horses, but that this was caused by Mr Rich trying to hold him in even though, in his opinion, he was making a gradual and legitimate move outwards to obtain a clear run.

--

We viewed the video coverage on numerous occasions.

--

As Mr Rich had been slow to arrive at the Enquiry Room to support his protest there was very little time available before Race 11 was due to start.  As this was a parties’ protest Stipendiary Steward Mrs Williams was entitled to give her interpretation of this incident.  She said that in her opinion Mr Geddes made his movement outwards slowly and that he was entitled to do so.

--

We then adjourned to consider our decision.

--

After seeing the video coverage, and after hearing the evidence, we were  satisfied that there had been contact between the two horses involved but that this was caused by Mr Rich resisting being moved wider on the track.  We were also satisfied that the movement outwards made by Mr Geddes was gradual and within the Rules.

--

On returning to the Enquiry Room we were aware that the time for the start of Race 11 had already passed.  We advised the parties that a full written decision with our reasons (as set out above) would be issued later and that we accepted that Mr Geddes had moved his horse outwards in a gradual and acceptable manner, and that the protest was dismissed.

--

 

--


J.  M. Phelan
Chairman
13894 P


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.8


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c84af7537d1c6090f6378e21bb14f12a


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race_emailed2: 0


race_title: Race 10


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meet_emailed2: 0


meetdate: 01/05/2009


meet_title: NZ Metro TC - 1 May 2009


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meet_racingtype: harness-racing


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name: NZ Metro TC