NZ Metro TC 1 February 2013 – Non Tote (instigating a protest)
ID: JCA13027
Meet Title:
NZ Metro TC - 1 February 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2013/02/01
Race Number:
Non Tote
Decision:
The protest was upheld. The Committee had earlier requested the Stewards to enquire whether the Club would be paying out four stakes in the race. Mr Ydgren reported that the Club’s Secretary, Mr Rabbitt, had confirmed that it would. On that basis, the Committee ordered that the amended placings be:
1st 1 Pandora’s Hope
2nd 2 Black is Black
3rd 3 Curragh’s Princess
4th 4 Extreme Force
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of the Non Totalisator race, PGG Wrightson NZ Yearling Sale Series No. 21 Fillies Consolation, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, alleging that EXTREME FORCE (B D McLellan), placed 1st by the judge, interfered with the chances of CURRAGH’S PRINCESS (R W Todd), which was pulled up, in that “EXTREME FORCE struck the wheel of CURRAGH’S PRINCESS which went flat near the 1200 metres”.
Mr B D McLellan, trainer and driver of EXTREME FORCE, was present at the hearing of the information and he indicated that he was representing the connections of that horse in the protest hearing.
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.
The official placings were:
1st Extreme Force
2nd Pandora’s Hope
3rd Black is Black
The only other runner, CURRAGH’S PRINCESS, was pulled up.
Submissions for Decision:
Mr McLellan said that the protest was being contested.
Mr Ydgren showed side-on and head-on video replays of the relevant part of the race between the 1400 and 1200 metres. He pointed out EXTREME FORCE, driven by Mr McLellan, racing keenly at the back of the 4-horse field entering the straight with 1400 metres to race. Shortly thereafter, it shifted up on the inside of CURRAGH’S PRINCESS (R Todd) and struck the inside sulky wheel of that runner. Mr Todd could be seen to look down on a couple of occasions. Passing the post with a round to go, Mr McLellan commenced to improve on the outside and it could be seen that the tyre of CURRAGH’S PRINCESS had been punctured and was flat. That horse was retired from the race shortly thereafter. EXTREME FORCE went on to win the race.
Mr McLellan said that EXTREME FORCE had galloped going into the first bend as it was actually hitting the wheels of its own sulky. The filly was very green and raced erratically, he said. He questioned whether the horse should be relegated or disqualified for touching a wheel. This happened all the time, he submitted. He did not dispute that his runner had struck the wheel of CURRAGH’S PRINCESS.
Reasons for Decision:
The Committee noted that there were stakes payable for 3rd and 4th placings. It was understood that no stake would be payable to CURRAGH’S PRINCESS as it did not complete the race and, further, it was not appropriate to relegate EXTREME FORCE behind that runner as that would have involved relegating it behind a pulled up runner. The appropriate course was to disqualify if the protest was to be upheld.
The Committee, to uphold the protest, needed to be satisfied, firstly, that EXTREME FORCE had caused interference to CURRAGH’S PRINCESS and, secondly, that such interference had affected the chances or progress of the latter. We were satisfied that it had caused interference with approximately 1200 metres to run – that interference involved striking the inside sulky wheel of CURRAGH’S PRINCESS and puncturing the tyre. As a consequence of that interference, CURRAGH’S PRINCESS was pulled up and did not finish the race. Clearly, the progress or chances of CURRAGH’S PRINCESS were affected as it was deprived the opportunity to finish the race.
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: 384ad044fc572f60221c74e62442befb
informantnumber: A5598
horsename: Extreme Force
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/01/2013
hearing_title: NZ Metro TC 1 February 2013 - Non Tote (instigating a protest)
charge:
facts:
Following the running of the Non Totalisator race, PGG Wrightson NZ Yearling Sale Series No. 21 Fillies Consolation, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, alleging that EXTREME FORCE (B D McLellan), placed 1st by the judge, interfered with the chances of CURRAGH’S PRINCESS (R W Todd), which was pulled up, in that “EXTREME FORCE struck the wheel of CURRAGH’S PRINCESS which went flat near the 1200 metres”.
Mr B D McLellan, trainer and driver of EXTREME FORCE, was present at the hearing of the information and he indicated that he was representing the connections of that horse in the protest hearing.
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.
The official placings were:
1st Extreme Force
2nd Pandora’s Hope
3rd Black is Black
The only other runner, CURRAGH’S PRINCESS, was pulled up.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLellan said that the protest was being contested.
Mr Ydgren showed side-on and head-on video replays of the relevant part of the race between the 1400 and 1200 metres. He pointed out EXTREME FORCE, driven by Mr McLellan, racing keenly at the back of the 4-horse field entering the straight with 1400 metres to race. Shortly thereafter, it shifted up on the inside of CURRAGH’S PRINCESS (R Todd) and struck the inside sulky wheel of that runner. Mr Todd could be seen to look down on a couple of occasions. Passing the post with a round to go, Mr McLellan commenced to improve on the outside and it could be seen that the tyre of CURRAGH’S PRINCESS had been punctured and was flat. That horse was retired from the race shortly thereafter. EXTREME FORCE went on to win the race.
Mr McLellan said that EXTREME FORCE had galloped going into the first bend as it was actually hitting the wheels of its own sulky. The filly was very green and raced erratically, he said. He questioned whether the horse should be relegated or disqualified for touching a wheel. This happened all the time, he submitted. He did not dispute that his runner had struck the wheel of CURRAGH’S PRINCESS.
reasonsfordecision:
The Committee noted that there were stakes payable for 3rd and 4th placings. It was understood that no stake would be payable to CURRAGH’S PRINCESS as it did not complete the race and, further, it was not appropriate to relegate EXTREME FORCE behind that runner as that would have involved relegating it behind a pulled up runner. The appropriate course was to disqualify if the protest was to be upheld.
The Committee, to uphold the protest, needed to be satisfied, firstly, that EXTREME FORCE had caused interference to CURRAGH’S PRINCESS and, secondly, that such interference had affected the chances or progress of the latter. We were satisfied that it had caused interference with approximately 1200 metres to run – that interference involved striking the inside sulky wheel of CURRAGH’S PRINCESS and puncturing the tyre. As a consequence of that interference, CURRAGH’S PRINCESS was pulled up and did not finish the race. Clearly, the progress or chances of CURRAGH’S PRINCESS were affected as it was deprived the opportunity to finish the race.
Decision:
The protest was upheld. The Committee had earlier requested the Stewards to enquire whether the Club would be paying out four stakes in the race. Mr Ydgren reported that the Club’s Secretary, Mr Rabbitt, had confirmed that it would. On that basis, the Committee ordered that the amended placings be:
1st 1 Pandora’s Hope
2nd 2 Black is Black
3rd 3 Curragh’s Princess
4th 4 Extreme Force
It was ordered that stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: B D McLellan, Licensed Open Driver
StipendSteward:
raceid: fbeb169e497ac8619fedb299f9b0908f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Non Tote
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 93b785243bca4981f2b3a7ea3ecc101b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/02/2013
meet_title: NZ Metro TC - 1 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC