Amberley TC 6 February 2018 – R 2 (instigating a protest) – Chair, Mr S Ching
ID: JCA13046
Meet Title:
Amberley TC - 6 February 2018
Meet Chair:
SChing
Meet Committee Member 1:
HWeston
Race Date:
2018/02/06
Race Number:
R 2
Decision:
The protest was dismissed with the original judges placings being confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 2, the Gulliver & Tyler Ltd (Rangiora) Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S Renault against HOMEBUSH LAD, driven by Mr J Dunn, placed 1st by the judge, alleging interference in the home straight to the 3rd placed, MCCAWSOME, driven by Mr R May, in that Mr Dunn failed to maintain as straight a course as possible in the home straight which impeded the trailing horse, MCCAWSOME.
The Judges placings in this race were as follows.
1st HOMEBUSH LAD (10)
2nd DI CAPRIO (14)
3rd MCCAWSOME (1)
4th CHROMOZONE (7)
5th ABSOLUTELY UNREAL (4)
6th ART COLLECTOR (15)
The official margins between 1st, 2nd and 3rd were a ¾ length, ¾ length.
Rule 869A (2) provides as follows.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position.
Any horse which does so may be disqualified, or relegated under Rule 869A and the horseman shall be in breach of Rule 869(3)(f).
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.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
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.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr May represented the connections of MCCAWSOME with Mr J Dunn representing the connections of HOMEBUSH LAD at the hearing.
Submissions for Decision:
Mr Renault showed the relevant films of the alleged interference which occurred over the final 150m. Mr Renault pointed out HOMEBUSH LAD, driven by Mr Dunn, racing on the pylons and in a leading position as the horses approached the passing lane near the 200m. In the trail behind Mr Dunn was MCCAWSOME, driven by Mr May. Mr Renault showed that as the horses passed the entrance to the passing lane, HOMEBUSH LAD, began to drift inwards eventually taking up the position in the passing lane. Mr Renault stated that the Home Straight Regulations stated that the lead horse when entering the home straight was obligated to maintain as straight a course as possible leaving the passing lane for the trailing horse which in this case was MCCAWSOME. Mr May, he said, had attempted to take advantage of the passing lane and was impeded from near the 150m until near the 50m. Mr Renault stated that Mr May was held up and had to change ground to the outside of HOMEBUSH LAD eventually finishing in 3rd place, 1 ½ lengths from the winning horse, HOMEBUSH LAD. Mr Renault said that clearly Mr Dunn was in breach of the Home Straight Regulations by shifting down into the passing lane when not entitled to impeding the rightful run of Mr May.
Mr May stated that he was definitely impeded and that it was another thing to say that he would have beaten HOMEBUSH LAD had he received his rightful running. He said that he estimated that he was held up about 100m and did not get an opportunity to activate the horse's gear. He said he had to ease back and change ground to obtain clear running.
Mr Dunn stated that just prior to the straight, he was trailing Mr Orange on CHROMOZONE, who rolled off on the home turn allowing him to take up the lead position on the pylons. He stated that his horse had ducked in and that half way down the straight there was never enough room for Mr May to improve past on his inside. He also said that had he moved out to Mr Orange on his outside, there may not have been enough room on the inside for Mr May to improve with. Mr Dunn said that Mr May had used the whip twice before being held up briefly and changing ground to find clear running. He said that MCCAWSOME did not make up ground quickly once clear and his own horse was getting tired over the final stages. Mr Dunn stated he did not believe that had MCCAWSOME would have beaten HOMEBUSH LAD had he received a clear run.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that HOMEBUSH LAD had shifted into the passing lane at the entrance near the 200m and taken up a position in the lane that it was not entitled to in breach of the Home Straight Regulations. We were also satisfied that the trailing horse, MCCAWSOME, was entitled to that run and was prevented from utilising that run from inside the 150m until near the 50m. The Committee determined that MCCAWSOME was held up for approximately 80m. We also determined that MCCAWSOME was impeded and had suffered interference from just inside the 150m where HOMEBUSH LAD had taken up its rightful running. The Committee found that once clear, MCCAWSOME, ran on fairly to finish in 3rd place. Taking all factors into consideration including the margin between 1st and 3rd being 1 ½ lengths the Committee were not satisfied, on the balance of probabilities, that but for the interference suffered by MCCAWSOME, that horse would have beaten HOMEBUSH LAD had it received a clear run.
Accordingly, the protest was dismissed.
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: 3a621f15abaf5b70c2b6faccafc51e21
informantnumber: A09895
horsename: HOMEBUSH LAD
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 08/02/2018
hearing_title: Amberley TC 6 February 2018 - R 2 (instigating a protest) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Gulliver & Tyler Ltd (Rangiora) Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S Renault against HOMEBUSH LAD, driven by Mr J Dunn, placed 1st by the judge, alleging interference in the home straight to the 3rd placed, MCCAWSOME, driven by Mr R May, in that Mr Dunn failed to maintain as straight a course as possible in the home straight which impeded the trailing horse, MCCAWSOME.
The Judges placings in this race were as follows.
1st HOMEBUSH LAD (10)
2nd DI CAPRIO (14)
3rd MCCAWSOME (1)
4th CHROMOZONE (7)
5th ABSOLUTELY UNREAL (4)
6th ART COLLECTOR (15)
The official margins between 1st, 2nd and 3rd were a ¾ length, ¾ length.
Rule 869A (2) provides as follows.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
PASSING LANES, FALSE RAILS AND HOME STRAIGHT REGULATIONS
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
1. (a) "Passing Lane"
For the purpose of these regulations "passing lane" shall mean an inward expansion of the racetrack on the inside of the straight immediately preceding the winning post (hereinafter referred to as the "home straight") for the purpose of allowing a horse or horses in the last lap of any race to pass on the inside any horse on the running line.
(b) "False Rail"
For the purpose of these regulations a "false rail" shall mean an outward expansion of the racetrack by the attachment of an additional inside rail around the home bend of the track, which attachment once extended shall not be further capable of movement during that race.
(a) “Expanded Inside Lane”
For the purpose of these regulations the term “expanded inside lane” will be used to describe the additional area created by a “passing lane” or “false rail”.
(b) “Running Line”
For the purpose of these regulations “running line” shall mean a line from the inside track marker prior to the commencement of the expanded inside lane to the winning post or such other point of the finish line as directed by the Stipendiary Steward.
2. Any club wishing to use an expanded inside lane shall first obtain a fresh plan of the racetrack incorporating the proposed alterations, which has been prepared and certified as correct by a registered civil engineer or surveyor, and submit same to the Board for approval in
accordance with Rules 602 and 603 of the NZ Rules of Harness Racing.
3. Except after entering the home straight for the last time in any race, no horse may use the expanded inside lane in an attempt to pass any other horse or horses or improve its position.
Any horse which does so may be disqualified, or relegated under Rule 869A and the horseman shall be in breach of Rule 869(3)(f).
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.
5. On any track where the expanded inside lane is designated by the Board as a dual passing lane, the first horse attempting to utilise the expanded inside lane shall take the run available immediately inside the leading horse on the running line thereby allowing trailing horses full access to the remainder of the expanded inside lane.
6. Subject to clause 4 hereof, in the last lap of any race no horse shall move inwards into the expanded inside lane (or any part thereof) when it has an unimpeded run to the finish line.
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.
8. Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr May represented the connections of MCCAWSOME with Mr J Dunn representing the connections of HOMEBUSH LAD at the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed the relevant films of the alleged interference which occurred over the final 150m. Mr Renault pointed out HOMEBUSH LAD, driven by Mr Dunn, racing on the pylons and in a leading position as the horses approached the passing lane near the 200m. In the trail behind Mr Dunn was MCCAWSOME, driven by Mr May. Mr Renault showed that as the horses passed the entrance to the passing lane, HOMEBUSH LAD, began to drift inwards eventually taking up the position in the passing lane. Mr Renault stated that the Home Straight Regulations stated that the lead horse when entering the home straight was obligated to maintain as straight a course as possible leaving the passing lane for the trailing horse which in this case was MCCAWSOME. Mr May, he said, had attempted to take advantage of the passing lane and was impeded from near the 150m until near the 50m. Mr Renault stated that Mr May was held up and had to change ground to the outside of HOMEBUSH LAD eventually finishing in 3rd place, 1 ½ lengths from the winning horse, HOMEBUSH LAD. Mr Renault said that clearly Mr Dunn was in breach of the Home Straight Regulations by shifting down into the passing lane when not entitled to impeding the rightful run of Mr May.
Mr May stated that he was definitely impeded and that it was another thing to say that he would have beaten HOMEBUSH LAD had he received his rightful running. He said that he estimated that he was held up about 100m and did not get an opportunity to activate the horse's gear. He said he had to ease back and change ground to obtain clear running.
Mr Dunn stated that just prior to the straight, he was trailing Mr Orange on CHROMOZONE, who rolled off on the home turn allowing him to take up the lead position on the pylons. He stated that his horse had ducked in and that half way down the straight there was never enough room for Mr May to improve past on his inside. He also said that had he moved out to Mr Orange on his outside, there may not have been enough room on the inside for Mr May to improve with. Mr Dunn said that Mr May had used the whip twice before being held up briefly and changing ground to find clear running. He said that MCCAWSOME did not make up ground quickly once clear and his own horse was getting tired over the final stages. Mr Dunn stated he did not believe that had MCCAWSOME would have beaten HOMEBUSH LAD had he received a clear run.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that HOMEBUSH LAD had shifted into the passing lane at the entrance near the 200m and taken up a position in the lane that it was not entitled to in breach of the Home Straight Regulations. We were also satisfied that the trailing horse, MCCAWSOME, was entitled to that run and was prevented from utilising that run from inside the 150m until near the 50m. The Committee determined that MCCAWSOME was held up for approximately 80m. We also determined that MCCAWSOME was impeded and had suffered interference from just inside the 150m where HOMEBUSH LAD had taken up its rightful running. The Committee found that once clear, MCCAWSOME, ran on fairly to finish in 3rd place. Taking all factors into consideration including the margin between 1st and 3rd being 1 ½ lengths the Committee were not satisfied, on the balance of probabilities, that but for the interference suffered by MCCAWSOME, that horse would have beaten HOMEBUSH LAD had it received a clear run.
Accordingly, the protest was dismissed.
Decision:
The protest was dismissed with the original judges placings being confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869A(2) and Passing Lane, False Rails and Home Straight Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Dunn - Open Horseman, Mr R May - Open Horseman
Respondent: Mr J Dunn-Open Horseman
StipendSteward:
raceid: 11b07bdd75ce305ca2a9ee57bc25d922
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
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meetdate: 06/02/2018
meet_title: Amberley TC - 6 February 2018
meet_expappcomment:
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meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: HWeston
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name: Amberley TC