Banks Peninsula TC – 30 November 2008 – Race 2
ID: JCA19587
Hearing Type (Code):
harness-racing
Meet Title:
Banks Peninsula TC - 30 November 2008
Race Date:
2008/11/30
Race Number:
Race 2
Decision: Following the running of Race 2, the NZ Safety Ltd Fillies & Mares Mobile Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre on behalf of Mr J. R. Dunn, the driver of “Wonderful Tonight” (14), alleging a breach of the “Push Out” Rule and Rule 869(8).
Following the running of Race 2, the NZ Safety Ltd Fillies & Mares Mobile Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre on behalf of Mr J. R. Dunn, the driver of “Wonderful Tonight” (14), alleging a breach of the “Push Out” Rule and Rule 869(8). The information reads as follows.
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“This is a protest by horse number (14) placed 7th by the judge against horse number (10) placed 4th by the Judge on the grounds of interference. The interference occurred with approx. 1400 [metres to run when] Ibiza (R. D. Holmes) shifted out forcing Wonderful Tonight (J. R. Dunn) wider.”
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Rules 869(4), (6)(b), (c) and (8) read as follows.
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“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
----
(6) Subject to sub-rule (4) hereof:-
--(a)….
--(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
--(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
----
(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.”
----
Present at the hearing were Mr R. D. Holmes, the trainer, driver and part owner of “Ibiza” (10), and Mr J. R. Dunn the driver of “Wonderful Tonight” (14). To enable the hearing to be heard promptly the Stipendiary Stewards led the evidence from Mr Dunn, and illustrated the incident by use of video coverage.
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Mr Dunn gave evidence that with about 1400 metres to run he was travelling two out with “Ibiza” on his inside. Mr Dunn alleged that at this time Mr Holmes moved him outwards into the three wide line, and that this had affected his chances of finishing in a better position. Mr Dunn also said that his horse was making a forward movement at the time.
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It was established that the margin between 4th and 7th was 1.7 lengths. It was conceded by Mr Dunn that his horse was hanging out at the time. Video coverage was used to show what had happened.
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Mr Holmes gave evidence that “Wonderful Tonight” had contributed to this incident by hanging out, and that at the time there was room for him to move outwards. Mr Holmes also said that Mr Dunn was not making any movement forward at the time.
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Stipendiary Steward Mrs Williams said that the video coverage clearly showed Mr Dunn’s horse hanging and being moved into the three wide line. It was her view, however, that Mr Dunn’s horse did not appear to be making any movement forward at that time.
----
In answer to a question Mr Dunn was not able to say that his horse would have finished in a better placing but for the alleged interference.
----
I took time to consider my decision. I was satisfied that there was not, in fact, a breach of the “push out” rule in this case as there was insufficient evidence to show that “Wonderful Tonight” was making forward progress. Had there been such a breach, and taking into account the margin of 1.7 lengths between 4th and 7th, there would have been no justification for an alteration in the judge’s placings in any event.
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The parties were therefore advised that the protest was dismissed.
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J M Phelan
ChairmanJCA 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: 42cd5f2251669c8db2359f2ebc99daea
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/11/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Banks Peninsula TC - 30 November 2008 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 2, the NZ Safety Ltd Fillies & Mares Mobile Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre on behalf of Mr J. R. Dunn, the driver of “Wonderful Tonight” (14), alleging a breach of the “Push Out” Rule and Rule 869(8).Following the running of Race 2, the NZ Safety Ltd Fillies & Mares Mobile Pace, an Information Instigating a Protest was laid by Stipendiary Steward Mr N. G. McIntyre on behalf of Mr J. R. Dunn, the driver of “Wonderful Tonight” (14), alleging a breach of the “Push Out” Rule and Rule 869(8). The information reads as follows.
----
“This is a protest by horse number (14) placed 7th by the judge against horse number (10) placed 4th by the Judge on the grounds of interference. The interference occurred with approx. 1400 [metres to run when] Ibiza (R. D. Holmes) shifted out forcing Wonderful Tonight (J. R. Dunn) wider.”
----
Rules 869(4), (6)(b), (c) and (8) read as follows.
----
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
----
(6) Subject to sub-rule (4) hereof:-
--(a)….
--(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
--(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
----
(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.”
----
Present at the hearing were Mr R. D. Holmes, the trainer, driver and part owner of “Ibiza” (10), and Mr J. R. Dunn the driver of “Wonderful Tonight” (14). To enable the hearing to be heard promptly the Stipendiary Stewards led the evidence from Mr Dunn, and illustrated the incident by use of video coverage.
----
Mr Dunn gave evidence that with about 1400 metres to run he was travelling two out with “Ibiza” on his inside. Mr Dunn alleged that at this time Mr Holmes moved him outwards into the three wide line, and that this had affected his chances of finishing in a better position. Mr Dunn also said that his horse was making a forward movement at the time.
----
It was established that the margin between 4th and 7th was 1.7 lengths. It was conceded by Mr Dunn that his horse was hanging out at the time. Video coverage was used to show what had happened.
----
Mr Holmes gave evidence that “Wonderful Tonight” had contributed to this incident by hanging out, and that at the time there was room for him to move outwards. Mr Holmes also said that Mr Dunn was not making any movement forward at the time.
----
Stipendiary Steward Mrs Williams said that the video coverage clearly showed Mr Dunn’s horse hanging and being moved into the three wide line. It was her view, however, that Mr Dunn’s horse did not appear to be making any movement forward at that time.
----
In answer to a question Mr Dunn was not able to say that his horse would have finished in a better placing but for the alleged interference.
----
I took time to consider my decision. I was satisfied that there was not, in fact, a breach of the “push out” rule in this case as there was insufficient evidence to show that “Wonderful Tonight” was making forward progress. Had there been such a breach, and taking into account the margin of 1.7 lengths between 4th and 7th, there would have been no justification for an alteration in the judge’s placings in any event.
----
The parties were therefore advised that the protest was dismissed.
----
--
--
J M Phelan
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.8
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 91e70e6e555c17d5a00170c7a2a47588
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 96d5d33e34b26d9eb77160b2c4e5dcf4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/11/2008
meet_title: Banks Peninsula TC - 30 November 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Banks Peninsula TC