Auckland TC 20 December 2013 – R 11 (instigating a protest)
ID: JCA14269
Meet Title:
Auckland TC - 20 December 2013
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2013/12/20
Race Number:
R11
Decision:
Where a protest has been lodged against the placing of a horse who may have interfered with the chances of any other horse, the Judicial Committee may either: (i) relegate such horse under Rule 869 (8) to behind any other horse in respect of which an advantage may have been gained; or (ii) disqualify it from the race under Rule 1003(2).
The protest is upheld METICULOUS is relegated from 3rd to 5th place pursuant to Rule 869 (8) and we order that dividends and stakes be paid in accordance with the amended placings.
The amended placings are:
1st - No 9 Valentino Rossi
2nd - No 7 Destination Moon
3rd - No 5 Tormenta
4th - No 6 Jet Black Shadow
5th - No 2 Meticulous
Facts:
This is an uncontested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 11, the Pascoe’s The Jewellers Mobile Pace 2200m. The basis of the protest is that the 3rd placed horse METICULOUS (M Purdon) failed to maintain access to the passing lane and interfered with the chances of JET BLACK SHADOW (N Chilcott).
The provisional placings were:
1st - No 9 Valentino Rossi
2nd - No 7 Destination Moon
3rd - No 2 Meticulous
4th - No 5 Tormenta
5th - No 6 Jet Black Shadow
The Passing Lane Regulations provide that:
Clause 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.
Clause 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 869(8) apply.
Submissions for Decision:
Mr Muirhead appeared at the hearing on behalf of the Informant. Mr M Purdon, the trainer of METICULOUS elected to not appear at the hearing, but he endorsed the Information “I do not contest protest”.
Mr Muirhead demonstrated the incident by way of available video footage. He told the Committee that METICULOUS led into the home straight, then failed to maintain a straight line and hung into the passing lane. He said that Mr Purdon took steps to straighten METICULOUS but was unable to do so due to the horses racing manners.
Mr Muirhead told the Committee that G J SEELSTAR (I Brownlee) had the trail into the home straight, but was unable to keep up and did not take the passing lane. JET BLACK SHADOW who was 3 deep on the running line finished the race off very strongly and did attempt to take advantage of the passing lane but was held up over the final 50 metres on the back of METICULOUS. JET BLACK SHADOW finished full of running in 5th place.
Reasons for Decision:
The protest is not contested. The video evidence clearly indicates that METICULOUS did not maintain a straight line and shifted inwards into the passing lane. As a result JET BLACK SHADOW was held up and its chances of finishing in the first four were impeded due to not having full access to the passing lane over the concluding stages.
JCA Decision Fields (raw)
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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: 6df66241729022b66252773f9358d35c
informantnumber: A3836
horsename: METICULOUS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2013
hearing_title: Auckland TC 20 December 2013 - R 11 (instigating a protest)
charge:
facts:
This is an uncontested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 11, the Pascoe’s The Jewellers Mobile Pace 2200m. The basis of the protest is that the 3rd placed horse METICULOUS (M Purdon) failed to maintain access to the passing lane and interfered with the chances of JET BLACK SHADOW (N Chilcott).
The provisional placings were:
1st - No 9 Valentino Rossi
2nd - No 7 Destination Moon
3rd - No 2 Meticulous
4th - No 5 Tormenta
5th - No 6 Jet Black Shadow
The Passing Lane Regulations provide that:
Clause 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.
Clause 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 869(8) apply.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead appeared at the hearing on behalf of the Informant. Mr M Purdon, the trainer of METICULOUS elected to not appear at the hearing, but he endorsed the Information “I do not contest protest”.
Mr Muirhead demonstrated the incident by way of available video footage. He told the Committee that METICULOUS led into the home straight, then failed to maintain a straight line and hung into the passing lane. He said that Mr Purdon took steps to straighten METICULOUS but was unable to do so due to the horses racing manners.
Mr Muirhead told the Committee that G J SEELSTAR (I Brownlee) had the trail into the home straight, but was unable to keep up and did not take the passing lane. JET BLACK SHADOW who was 3 deep on the running line finished the race off very strongly and did attempt to take advantage of the passing lane but was held up over the final 50 metres on the back of METICULOUS. JET BLACK SHADOW finished full of running in 5th place.
reasonsfordecision:
The protest is not contested. The video evidence clearly indicates that METICULOUS did not maintain a straight line and shifted inwards into the passing lane. As a result JET BLACK SHADOW was held up and its chances of finishing in the first four were impeded due to not having full access to the passing lane over the concluding stages.
Decision:
Where a protest has been lodged against the placing of a horse who may have interfered with the chances of any other horse, the Judicial Committee may either: (i) relegate such horse under Rule 869 (8) to behind any other horse in respect of which an advantage may have been gained; or (ii) disqualify it from the race under Rule 1003(2).
The protest is upheld METICULOUS is relegated from 3rd to 5th place pursuant to Rule 869 (8) and we order that dividends and stakes be paid in accordance with the amended placings.
The amended placings are:
1st - No 9 Valentino Rossi
2nd - No 7 Destination Moon
3rd - No 5 Tormenta
4th - No 6 Jet Black Shadow
5th - No 2 Meticulous
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (4) and Passing Lane Regulations – Clause 4
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr M Purdon - Trainer of METICULOUS
StipendSteward:
raceid: 9e4486e64283c5188d7c3536937676d6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 69ebfe34c19957727b976495dda0d421
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/12/2013
meet_title: Auckland TC - 20 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC