Ashburton TC 1 June 2013 – R 8 (instigating a protest)
ID: JCA16312
Meet Title:
Ashburton TC - 1 June 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GHall
Race Date:
2013/06/01
Race Number:
R8
Decision:
The protest was upheld and MESSINI was relegated to 6th placing.
Consequent upon the relegation, the amended placings for the race are as follows:
1st 11 Sky Major
2nd 5 Zacharia
3rd 4 Allblack Stride
4th 8 Isaiah
5th 6 Regulus
6th 13 Messini
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 8, Copthorne Commodore 2YO Emerald, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against MESSINI (T M Williams), placed 5th by the judge, on the ground that it gained an advantage by racing inside the pylons and improving its position while doing so.
Mr Williams was present at the hearing of the information and he indicated that he was representing the connections of MESSINI. He further indicated that the protest was not contested.
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 for Decision:
Mr S P Renault, Stipendiary Steward, showed video replays of the final 300-400 metres of the race. He pointed out Mr Williams, driving MESSINI, improving along the markers following BACKUP (J F Curtin). Mr Williams went inside the final pylon before the passing lane and then went inside two further markers in the straight, in doing so obtaining a run inside BACKUP. The horse finished in 5th placing, he said. Mr Renault also pointed out REGULUS (D J Dunn) which had finished 6th.
Mr McIntyre submitted that, had Mr Williams stayed outside the pylons, his horse would not have got the run to the inside of Mr Curtin when it did and, therefore, would not have beaten REGULUS. He demonstrated this on the side-on video and submitted that BACKUP did roll out shortly after which would have enabled a run for MESSINI. The Stewards were seeking relegation of MESSINI to 6th placing.
Mr Williams said that the horse had “rolled down” inside the pylons when he removed the earplugs. He did not have a chance to get the horse rebalanced before he came back outside the pylons. The horse had overreacted, he said. Mr McIntyre put it to Mr Williams that it was his obligation to race inside the pylons but he had directed the horse into a marginal gap where there was no room for error. Mr Williams conceded that there was not full room. Mr Williams submitted that it had cost him some momentum in having to come out again.
In summary, Mr McIntyre submitted that Mr Williams had gained an advantage by being able to get up and finish 5th when he should only have been 6th.
Reasons for Decision:
The Committee was satisfied that MESSINI had raced inside two track markers in the home straight enabling it to obtain a run inside BACKUP that was not available at the time. The Committee was further satisfied that, in doing so, it gained an advantage over the 6th placed runner, REGULUS, by conduct prohibited by the Rules.
The Committee also noted that Mr Williams did not contest the relegation.
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: d86c3ae6e7ccf2b7e5f93a721016ba21
informantnumber: A5299
horsename: Messini
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/05/2013
hearing_title: Ashburton TC 1 June 2013 - R 8 (instigating a protest)
charge:
facts:
Following the running of Race 8, Copthorne Commodore 2YO Emerald, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against MESSINI (T M Williams), placed 5th by the judge, on the ground that it gained an advantage by racing inside the pylons and improving its position while doing so.
Mr Williams was present at the hearing of the information and he indicated that he was representing the connections of MESSINI. He further indicated that the protest was not contested.
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.
appealdecision:
isappeal:
submissionsfordecision:
Mr S P Renault, Stipendiary Steward, showed video replays of the final 300-400 metres of the race. He pointed out Mr Williams, driving MESSINI, improving along the markers following BACKUP (J F Curtin). Mr Williams went inside the final pylon before the passing lane and then went inside two further markers in the straight, in doing so obtaining a run inside BACKUP. The horse finished in 5th placing, he said. Mr Renault also pointed out REGULUS (D J Dunn) which had finished 6th.
Mr McIntyre submitted that, had Mr Williams stayed outside the pylons, his horse would not have got the run to the inside of Mr Curtin when it did and, therefore, would not have beaten REGULUS. He demonstrated this on the side-on video and submitted that BACKUP did roll out shortly after which would have enabled a run for MESSINI. The Stewards were seeking relegation of MESSINI to 6th placing.
Mr Williams said that the horse had “rolled down” inside the pylons when he removed the earplugs. He did not have a chance to get the horse rebalanced before he came back outside the pylons. The horse had overreacted, he said. Mr McIntyre put it to Mr Williams that it was his obligation to race inside the pylons but he had directed the horse into a marginal gap where there was no room for error. Mr Williams conceded that there was not full room. Mr Williams submitted that it had cost him some momentum in having to come out again.
In summary, Mr McIntyre submitted that Mr Williams had gained an advantage by being able to get up and finish 5th when he should only have been 6th.
reasonsfordecision:
The Committee was satisfied that MESSINI had raced inside two track markers in the home straight enabling it to obtain a run inside BACKUP that was not available at the time. The Committee was further satisfied that, in doing so, it gained an advantage over the 6th placed runner, REGULUS, by conduct prohibited by the Rules.
The Committee also noted that Mr Williams did not contest the relegation.
Decision:
The protest was upheld and MESSINI was relegated to 6th placing.
Consequent upon the relegation, the amended placings for the race are as follows:
1st 11 Sky Major
2nd 5 Zacharia
3rd 4 Allblack Stride
4th 8 Isaiah
5th 6 Regulus
6th 13 Messini
It was ordered that stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: T M Williams, Licensed Open Horseman
StipendSteward:
raceid: a681f7ca9516f6dbb36fcb61598080d0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 335dd176e3646929c6eb3d8287f528f2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/06/2013
meet_title: Ashburton TC - 1 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GHall
meet_pm2: none
name: Ashburton TC