NZ Metro TC – 7 October 2005 –
ID: JCA21762
Hearing Type (Code):
harness-racing
Decision: --
Following the running of Race 9, the Wyatt & Wilson Print Superstars 4YO Championship (won by "Dudinka's Cullen") an Information Instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(7B).
| -- DECISION AND REASONS: --Following the running of Race 9, the Wyatt & Wilson Print Superstars 4YO Championship (won by "Dudinka's Cullen") an Information Instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(7B). The information reads as follows. ------"This is a protest against horse number (5) placed first by the judge on the grounds of 869(7B) went inside four pylons rounding the final bend." --Rule 869(7B) reads as follows. --"Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman." --The driver of "Dudinka's Cullen", Mr A. M Butt, and the trainer, Mr T. G. Butt, both attended this hearing. The owner did not attend the hearing but Mr T. G. Butt agreed that he would represent the interests of the owner. --Stipendiary Steward Mrs Williams gave evidence that she was positioned at the top of the home straight. Mrs Williams showed video coverage of this incident from various angles to illustrate that "Dudinka's Cullen's" sulky wheel had moved inside the track markers as alleged. Mrs Williams also gave evidence that there was no pressure from any other horse that would have contributed to the breach. --Mrs Williams also gave evidence that "Dudinka's Cullen" was hanging when coming around the bend, but Mr Butt strongly disputed this evidence. --During the hearing the connections of the horse agreed that they did not dispute that this incident occurred in the last 600 metres of the race, or that the sulky wheel moved inside the track markers for more than 30 metres. It was also established that the defence to this protest was that the breach was due to interference to "Dudinka's Cullen". --Mr A. M. Butt gave evidence that there was interference to his horse which caused the sulky wheel to move inside the track markers. It was alleged that this interference was caused by "House Master" which was driven by Mr R. D. Holmes, and which was racing outside "Dudinka's Cullen".. --Mr Butt called Mr Holmes to give evidence and asked him if he felt that his horse got "in a bit" on to his horse. Mr Holmes replied that "?.he was tiring at the time and there was a little bit of downward movement, but?.". --During this hearing the video coverage from various angles was shown a number of times. The Informant's case was that there was always room for "Dudinka's Cullen" and that the videos showed this. Mr Butt's case was that there was interference from "House Master", and that it was this interference which pushed "Dudinka's Cullen" over the marker line. --After hearing the evidence we adjourned to consider our decision. ----We were satisfied that the only defence raised in this protest was that "Dudinka's Cullen" received interference from another horse or horseman which caused the breach. We carefully considered all the evidence and the video coverage and had no doubt that there was no interference by "House Master" as alleged. Although "House Master" may have moved in slightly at one stage this was well after "Dudinka's Cullen" had gone inside the markers. --We also reject Mr Butt's assertion that there was clear evidence from Mr Holmes that there was interference to "Dudinka's Cullen". We found Mr Holmes's evidence of movement was not convincing. --We were therefore satisfied that there had been a clear breach of Rule 869(7A). As Race 10 was about to start we returned to the Enquiry Room and advised the parties of our decision to uphold the protest and to disqualify "Dudinka's Cullen". --The amended places are as follows --1st - (8) Mainland Banner --2nd - (9) Baileys Dream --3rd - (7) Presido --4th - (3) Classic Cullen --5th - (4) Fake Chance --6th - (1) Ewie Duncan ----
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Decision Date: 07/10/2005
Publish Date: 07/10/2005
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: b645606ed0b95d1393aaaa15106489be
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 07/10/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 7 October 2005 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 9, the Wyatt & Wilson Print Superstars 4YO Championship (won by "Dudinka's Cullen") an Information Instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(7B).
| -- DECISION AND REASONS: --Following the running of Race 9, the Wyatt & Wilson Print Superstars 4YO Championship (won by "Dudinka's Cullen") an Information Instigating a Protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(7B). The information reads as follows. ------"This is a protest against horse number (5) placed first by the judge on the grounds of 869(7B) went inside four pylons rounding the final bend." --Rule 869(7B) reads as follows. --"Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman." --The driver of "Dudinka's Cullen", Mr A. M Butt, and the trainer, Mr T. G. Butt, both attended this hearing. The owner did not attend the hearing but Mr T. G. Butt agreed that he would represent the interests of the owner. --Stipendiary Steward Mrs Williams gave evidence that she was positioned at the top of the home straight. Mrs Williams showed video coverage of this incident from various angles to illustrate that "Dudinka's Cullen's" sulky wheel had moved inside the track markers as alleged. Mrs Williams also gave evidence that there was no pressure from any other horse that would have contributed to the breach. --Mrs Williams also gave evidence that "Dudinka's Cullen" was hanging when coming around the bend, but Mr Butt strongly disputed this evidence. --During the hearing the connections of the horse agreed that they did not dispute that this incident occurred in the last 600 metres of the race, or that the sulky wheel moved inside the track markers for more than 30 metres. It was also established that the defence to this protest was that the breach was due to interference to "Dudinka's Cullen". --Mr A. M. Butt gave evidence that there was interference to his horse which caused the sulky wheel to move inside the track markers. It was alleged that this interference was caused by "House Master" which was driven by Mr R. D. Holmes, and which was racing outside "Dudinka's Cullen".. --Mr Butt called Mr Holmes to give evidence and asked him if he felt that his horse got "in a bit" on to his horse. Mr Holmes replied that "?.he was tiring at the time and there was a little bit of downward movement, but?.". --During this hearing the video coverage from various angles was shown a number of times. The Informant's case was that there was always room for "Dudinka's Cullen" and that the videos showed this. Mr Butt's case was that there was interference from "House Master", and that it was this interference which pushed "Dudinka's Cullen" over the marker line. --After hearing the evidence we adjourned to consider our decision. ----We were satisfied that the only defence raised in this protest was that "Dudinka's Cullen" received interference from another horse or horseman which caused the breach. We carefully considered all the evidence and the video coverage and had no doubt that there was no interference by "House Master" as alleged. Although "House Master" may have moved in slightly at one stage this was well after "Dudinka's Cullen" had gone inside the markers. --We also reject Mr Butt's assertion that there was clear evidence from Mr Holmes that there was interference to "Dudinka's Cullen". We found Mr Holmes's evidence of movement was not convincing. --We were therefore satisfied that there had been a clear breach of Rule 869(7A). As Race 10 was about to start we returned to the Enquiry Room and advised the parties of our decision to uphold the protest and to disqualify "Dudinka's Cullen". --The amended places are as follows --1st - (8) Mainland Banner --2nd - (9) Baileys Dream --3rd - (7) Presido --4th - (3) Classic Cullen --5th - (4) Fake Chance --6th - (1) Ewie Duncan ----
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.7B, 869.7A
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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