HR Waikato 31 May 2014 – R2 (instigating a protest)
ID: JCA17635
Meet Title:
Harness Racing Waikato - 31 May 2014
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2014/05/31
Race Number:
R 2
Decision:
The Protest is accordingly upheld and ARYA is relegated to behind SPEEDING SPUR.
The amended placings are now:
1st - (4) Monbet
2nd - (3) Prince Fearless
3rd - (2) Yagunnakissmeornot
4th - (5) Wanna Play
5th - (11) Cyclone Emily
It was ordered that Dividends and Stakes be paid in accordance with the amended placings.
Facts:
Following the running of Race 2 THE NEW ZEALAND HOME LOANS 2 YO RUBY MOBILE TROT an Information Instigating a Protest was lodged by Co-Chief Stipendiary Steward Mr NG McIntyre against the second placing of ARYA (Driver M Purdon) on the grounds that it shifted ground inwards inside the last 400 metres checking SPEEDING SPUR (Driver J Dickie) into a gallop.
This was the second Protest to be heard in respect to the placings in this race. This hearing commenced 31 minutes after Race 2.
Mr Purdon was present and he advised the Committee that the Protest was contested.
Rule 869(8) provides:
“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.”
Mr McIntyre (with the assistance of Mr Muirhead) demonstrated the incident by use of the race films. There were several different angles of the incident. Mr McIntyre showed where ARYA was outside SPEEDING SPUR with approximately 400 metres to run but ARYA had its head turned outwards and that it was lugging in. Mr McIntyre then showed where Mr Dickie’s horse was on the inside of Mr Purdon’s inside sulky wheel and that as a result of ARYA lugging in there was contact with Mr Dickie’s horse and it broke and lost its chance.
Mr McIntyre said that he did not blame Mr Purdon but rather it was his horse at fault.
Mr Dickie for his part said that he was inside Mr Purdon and he acknowledged that Mr Purdon’s horse was lugging in but said he was still in the three wide line. He said that Mr McKendry moved off the inside line and that it did not make it easy and he felt that Mr McKendry caused the problem.
When asked by the Committee, Mr Dickie said that he did not call out to Mr Purdon because he thought he still had room. Mr Dickie then said that there was contact which he said came from a collision. When asked who he had collided with Mr Dickie said it was with Mr Purdon’s sulky.
Mr Purdon said that at the time Mr McKendry was on the Marker Line and he acknowledged that his horse was hanging in. He did say that despite his horse hanging in it was still running in a straight line. He said he was following the horse in the three wide line in front of him. Mr Purdon also said that there was no pressure until Mr McKendry moved out.
Submissions for Decision:
Co-Chief Stipendiary Steward Mr NG McIntyre said that it was very clear that Mr Purdon’s horse caused the interference to SPEEDING SPUR. This was clearly shown on the films presented to the Committee and as a result of the interference Mr Dickie’s horse lost its chance. Mr McIntyre was very clear in the view that Mr Purdon’s horse should be relegated to behind Mr Dickie’s horse.
Mr Purdon for his part said that although his horse was hanging or lugging in it was still running in a straight line and he was in the three wide line and that Mr McKendry caused the problem not him.
Reasons for Decision:
The Committee listened to the evidence and viewed the race films a number of times.
We have the benefit of the films showing the incident from several angles. We also looked at the films frame by frame in the period prior to the incident.
The films presented to us are synchronized and the side on and back on films show that when SPEEDING SPUR galloped the inside sulky wheel of ARYA was clearly inside the outside sulky wheel of SPEEDING SPUR and almost in line with the front legs of SPEEDING SPUR.
Mr Dickie by his own admission told the Committee that there was a collision which caused his horse to break. The films confirmed this.
In response to a question from the Committee, Mr Dickie said that the sulky wheel of ARYA contacted the front legs of SPEEDING SPUR and this resulted in the collision.
The back on film not only showed the location of the sulky wheels between the two horses but also showed that ARYA was hanging in with her head turned outwards. This was despite Mr Purdon trying to straighten up his drive but he was unable to do so and this resulted in the interference. ARYA at the time was not racing in the three wide running line behind WANNA PLAY as told to the Committee by Mr Purdon and it was lugging in on SPEEDING SPUR. It was almost getting close to being in “a half carting position”.
In a “nutshell the film evidence does not support Mr Purdon’s evidence at all”.
The Committee also pointed out to Mr Purdon one view of the incident which was the most damning and that was the rear view.
Mr McIntyre for his part said that the Stewards were strongly of the view that Mr Purdon’s horse had caused the interference and he confirmed that view at the end of the hearing.
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: fcfd126308554208460cb05a515c39aa
informantnumber: A4210
horsename: ARYA
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/05/2014
hearing_title: HR Waikato 31 May 2014 – R2 (instigating a protest)
charge:
facts:
Following the running of Race 2 THE NEW ZEALAND HOME LOANS 2 YO RUBY MOBILE TROT an Information Instigating a Protest was lodged by Co-Chief Stipendiary Steward Mr NG McIntyre against the second placing of ARYA (Driver M Purdon) on the grounds that it shifted ground inwards inside the last 400 metres checking SPEEDING SPUR (Driver J Dickie) into a gallop.
This was the second Protest to be heard in respect to the placings in this race. This hearing commenced 31 minutes after Race 2.
Mr Purdon was present and he advised the Committee that the Protest was contested.
Rule 869(8) provides:
“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.”
Mr McIntyre (with the assistance of Mr Muirhead) demonstrated the incident by use of the race films. There were several different angles of the incident. Mr McIntyre showed where ARYA was outside SPEEDING SPUR with approximately 400 metres to run but ARYA had its head turned outwards and that it was lugging in. Mr McIntyre then showed where Mr Dickie’s horse was on the inside of Mr Purdon’s inside sulky wheel and that as a result of ARYA lugging in there was contact with Mr Dickie’s horse and it broke and lost its chance.
Mr McIntyre said that he did not blame Mr Purdon but rather it was his horse at fault.
Mr Dickie for his part said that he was inside Mr Purdon and he acknowledged that Mr Purdon’s horse was lugging in but said he was still in the three wide line. He said that Mr McKendry moved off the inside line and that it did not make it easy and he felt that Mr McKendry caused the problem.
When asked by the Committee, Mr Dickie said that he did not call out to Mr Purdon because he thought he still had room. Mr Dickie then said that there was contact which he said came from a collision. When asked who he had collided with Mr Dickie said it was with Mr Purdon’s sulky.
Mr Purdon said that at the time Mr McKendry was on the Marker Line and he acknowledged that his horse was hanging in. He did say that despite his horse hanging in it was still running in a straight line. He said he was following the horse in the three wide line in front of him. Mr Purdon also said that there was no pressure until Mr McKendry moved out.
appealdecision:
isappeal:
submissionsfordecision:
Co-Chief Stipendiary Steward Mr NG McIntyre said that it was very clear that Mr Purdon’s horse caused the interference to SPEEDING SPUR. This was clearly shown on the films presented to the Committee and as a result of the interference Mr Dickie’s horse lost its chance. Mr McIntyre was very clear in the view that Mr Purdon’s horse should be relegated to behind Mr Dickie’s horse.
Mr Purdon for his part said that although his horse was hanging or lugging in it was still running in a straight line and he was in the three wide line and that Mr McKendry caused the problem not him.
reasonsfordecision:
The Committee listened to the evidence and viewed the race films a number of times.
We have the benefit of the films showing the incident from several angles. We also looked at the films frame by frame in the period prior to the incident.
The films presented to us are synchronized and the side on and back on films show that when SPEEDING SPUR galloped the inside sulky wheel of ARYA was clearly inside the outside sulky wheel of SPEEDING SPUR and almost in line with the front legs of SPEEDING SPUR.
Mr Dickie by his own admission told the Committee that there was a collision which caused his horse to break. The films confirmed this.
In response to a question from the Committee, Mr Dickie said that the sulky wheel of ARYA contacted the front legs of SPEEDING SPUR and this resulted in the collision.
The back on film not only showed the location of the sulky wheels between the two horses but also showed that ARYA was hanging in with her head turned outwards. This was despite Mr Purdon trying to straighten up his drive but he was unable to do so and this resulted in the interference. ARYA at the time was not racing in the three wide running line behind WANNA PLAY as told to the Committee by Mr Purdon and it was lugging in on SPEEDING SPUR. It was almost getting close to being in “a half carting position”.
In a “nutshell the film evidence does not support Mr Purdon’s evidence at all”.
The Committee also pointed out to Mr Purdon one view of the incident which was the most damning and that was the rear view.
Mr McIntyre for his part said that the Stewards were strongly of the view that Mr Purdon’s horse had caused the interference and he confirmed that view at the end of the hearing.
Decision:
The Protest is accordingly upheld and ARYA is relegated to behind SPEEDING SPUR.
The amended placings are now:
1st - (4) Monbet
2nd - (3) Prince Fearless
3rd - (2) Yagunnakissmeornot
4th - (5) Wanna Play
5th - (11) Cyclone Emily
It was ordered that Dividends and Stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr NG McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Stipendiary Steward, Mr J Dickie - Deiver of SPEEDING SPUR
Respondent: Mr M Purdon - Driver of ARYA
StipendSteward:
raceid: bf9f77295bc2d52b7f04dde5704e6333
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dd5d6fc80ac2366ff60e811663c7c07c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/05/2014
meet_title: Harness Racing Waikato - 31 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato