NZ Metro TC – 27 March 2009 – Race 7
ID: JCA22705
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 27 March 2009
Race Date:
2009/03/27
Race Number:
Race 7
Decision:
Following the running of Race 7, the First Sovereign Trust Three-Year-Old Flying Stakes, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(8), and the Passing Lanes, False Rails and Home Straight Regulations, clauses (4) and (7).
--
Following the running of Race 7, the First Sovereign Trust Three-Year-Old Flying Stakes, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(8), and the Passing Lanes, False Rails and Home Straight Regulations, clauses (4) and (7).
--The information reads as follows.
--“This is a protest by horse number (2) placed 4th by the judge against horse number (3) placed 2nd by the judge on the grounds of interference in the run home.”
--Rules 869(8) read 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.
Clauses (4) and (7) of the Passing Lanes, False Rails and Home Straight Regulations provide as follows.
--“4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
--7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.”
--Present at the hearing were Mr A. M. Butt the driver of “Stunnin Cullen”, and he advised that he would represent the interests of the trainers and owners. Also present was Mr J. R. Dunn, driver of “Eric’s Legend” and he also advised that he would represent the interests of the trainer and owner of that horse.
-- Mr Butt and Mr Dunn both agreed that they understood the nature of the protest and the Rule and regulations it was brought under.
Mr Ydgren gave evidence, and used video coverage to illustrate, that on entering the home straight for the final time “Stunnin Cullen”, driven by Mr Butt, was on the marker line and in the lead. “Eric’s Legend” driven by Mr Dunn was trailing that horse. Soon after entering the straight Mr Dunn was seen to attempt to use the passing lane, but “Stunnin Cullen” ran into it. Mr Butt tried to correct this movement, but Mr Dunn then moved out of the trail to try and pass “Stunnin Cullen” on the outside.
It was the Stipendiary Steward’s case that “Eric’s Legend” had been denied full use of the passing lane as required by the Rules and the Regulation, and that “Stunnin Cullen” should be relegated behind “Eric’ Legend”. “Stunnin Cullen” finished 2nd a long neck behind the winner, and there was a long neck back to 3rd with a further 1¼ lengths back to “Eric’s Legend”.
--Mr Dunn gave evidence that it was his intention to use the passing lane and that his horse was travelling well. When he saw “Stunnin Cullen” make a fairly quick move into the passing lane he believed that he was not going to be able to use it, and he made the decision to restrain his horse and switch it to the outside. Mr Dunn said that he lost all momentum, and that his horse would have run 3rd but for this interference.
--Mr Butt agreed that his horse ducked in to the passing lane, but said that he quickly corrected this movement. In his opinion there was always room in the passing lane for Mr Dunn to pass him on the inside. It was also Mr Butt’s evidence that this incident made no difference to the result of the race, and that Mr Dunn’s horse was always going to finish 4th.
--We adjourned to consider our decision. It was clear that Mr Butt’s horse moved sharply into the passing lane just after entering the straight. Mr Butt corrected this movement as quickly as he could. However we find that Mr Dunn had the reasonable belief that he would not be able to use the passing lane, and that he was justified in restraining his horse and making his run on the outside. We also find that “Eric’s Legend” was travelling well at the time, and that because of this incident it lost momentum.
--Taking all the above matters into account we were satisfied that there had been a breach of the passing lane regulations and that this breach had cost “Eric’s Legend” a better placing in the race. We decided that “Stunnin Cullin” should be relegated from 2nd to 4th place behind “Eric’s Legend”.
--On returning to the Enquiry Room we advised the parties that a full written decision would be delivered later, and that the protest was upheld. The amended places are as follows.
--1st – Sleepy Tripp (9)
2nd – Percy The Punter (8)
3rd – Eric’s Legend (2)
4th – Stunnin Cullen (3)
5th – Harley Earl (7)
6th – Highview Tommy (4)
J. M. Phelan
Chairman
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: ed474ab4f6ca699e09e62b2ad1525fcf
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/03/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 27 March 2009 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 7, the First Sovereign Trust Three-Year-Old Flying Stakes, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(8), and the Passing Lanes, False Rails and Home Straight Regulations, clauses (4) and (7).
--
Following the running of Race 7, the First Sovereign Trust Three-Year-Old Flying Stakes, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of Rule 869(8), and the Passing Lanes, False Rails and Home Straight Regulations, clauses (4) and (7).
--The information reads as follows.
--“This is a protest by horse number (2) placed 4th by the judge against horse number (3) placed 2nd by the judge on the grounds of interference in the run home.”
--Rules 869(8) read 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.
Clauses (4) and (7) of the Passing Lanes, False Rails and Home Straight Regulations provide as follows.
--“4. In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane.
--7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.”
--Present at the hearing were Mr A. M. Butt the driver of “Stunnin Cullen”, and he advised that he would represent the interests of the trainers and owners. Also present was Mr J. R. Dunn, driver of “Eric’s Legend” and he also advised that he would represent the interests of the trainer and owner of that horse.
-- Mr Butt and Mr Dunn both agreed that they understood the nature of the protest and the Rule and regulations it was brought under.
Mr Ydgren gave evidence, and used video coverage to illustrate, that on entering the home straight for the final time “Stunnin Cullen”, driven by Mr Butt, was on the marker line and in the lead. “Eric’s Legend” driven by Mr Dunn was trailing that horse. Soon after entering the straight Mr Dunn was seen to attempt to use the passing lane, but “Stunnin Cullen” ran into it. Mr Butt tried to correct this movement, but Mr Dunn then moved out of the trail to try and pass “Stunnin Cullen” on the outside.
It was the Stipendiary Steward’s case that “Eric’s Legend” had been denied full use of the passing lane as required by the Rules and the Regulation, and that “Stunnin Cullen” should be relegated behind “Eric’ Legend”. “Stunnin Cullen” finished 2nd a long neck behind the winner, and there was a long neck back to 3rd with a further 1¼ lengths back to “Eric’s Legend”.
--Mr Dunn gave evidence that it was his intention to use the passing lane and that his horse was travelling well. When he saw “Stunnin Cullen” make a fairly quick move into the passing lane he believed that he was not going to be able to use it, and he made the decision to restrain his horse and switch it to the outside. Mr Dunn said that he lost all momentum, and that his horse would have run 3rd but for this interference.
--Mr Butt agreed that his horse ducked in to the passing lane, but said that he quickly corrected this movement. In his opinion there was always room in the passing lane for Mr Dunn to pass him on the inside. It was also Mr Butt’s evidence that this incident made no difference to the result of the race, and that Mr Dunn’s horse was always going to finish 4th.
--We adjourned to consider our decision. It was clear that Mr Butt’s horse moved sharply into the passing lane just after entering the straight. Mr Butt corrected this movement as quickly as he could. However we find that Mr Dunn had the reasonable belief that he would not be able to use the passing lane, and that he was justified in restraining his horse and making his run on the outside. We also find that “Eric’s Legend” was travelling well at the time, and that because of this incident it lost momentum.
--Taking all the above matters into account we were satisfied that there had been a breach of the passing lane regulations and that this breach had cost “Eric’s Legend” a better placing in the race. We decided that “Stunnin Cullin” should be relegated from 2nd to 4th place behind “Eric’s Legend”.
--On returning to the Enquiry Room we advised the parties that a full written decision would be delivered later, and that the protest was upheld. The amended places are as follows.
--1st – Sleepy Tripp (9)
2nd – Percy The Punter (8)
3rd – Eric’s Legend (2)
4th – Stunnin Cullen (3)
5th – Harley Earl (7)
6th – Highview Tommy (4)
J. M. Phelan
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.8, 869.7
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7ac72b420a1d6d311eaa43d2b8031a1c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2692678874df4336dfd763f647cb8c1a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/03/2009
meet_title: NZ Metro TC - 27 March 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC