NZ Metro TC 10 July 2015 – R 3 (instigating a protest)
ID: JCA16336
Meet Title:
NZ Metro TC - 10 July 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2015/07/10
Race Number:
R3
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid in accordance with the judge’s official placings.
Facts:
Following the running of Race 3, Breckon Farms Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr C J Allison against DREAMY DAMIEN (R J Butt), placed 3rd by the judge, on the ground that “DREAMY DAMIEN started from the incorrect barrier position”.
Mr Butt was present at the hearing of the information. Mr R L Garters, part-owner of DREAMY DAMIEN, was also present.
The judge’s placings were as follows:-
1st 5 Mongolian Archer
2nd 2 McClinchie
3rd 7 Dreamy Damien
4th 1 Janices Cullen
5th 3 Mr Woodlea
Rule 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860 (8).
Rule 1003 provides as follows:
(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
Submissions for Decision:
Mr Allison said that DREAMY DAMIEN had drawn the Unruly 1 barrier position which, in the case of a mobile start, is from the second line no closer in than barrier position 5. He demonstrated, on a video replay of the start of the 1950 metres mobile start event, that DREAMY DAMIEN had started from barrier position 7 (the outside position) on the front row.
Mr Allison pointed out that, after the start, Mr Butt had got caught wide. The horse had paced roughly and Mr Butt then took a hold of it. By the time the field had actually settled, DREAMY DAMIEN was still out 3-wide and had gained no advantage at that stage of the race, Mr Allison submitted. Mr Butt continued to ease the horse back in the running passing the 1600 metres where the horse again “went rough”. Upon entering the straight with approximately 1400 metres to run, the horse was in a gap in last position.
Mr Allison said that the Stewards did not consider that DREAMY DAMIEN had started in advance of its correct mark. It had started from an incorrect barrier position but it had gained no advantage, he submitted.
Mr Butt said that he agreed with Mr Allison in the respect that the horse had gained no advantage. He admitted that it had started from the incorrect barrier position. He had been unaware that the horse was unruly and said that he might have expected some assistance from the Starter or an assistant.
Mr Garters pointed out on the video replay that, passing the 400 metres, the horse was still racing in last position and looked unlikely to fill a placing. He also submitted that the horse had gained no advantage and, in fact, may have been worse off having to be restrained back to last in the field from wide on the track.
Reasons for Decision:
It was not alleged in the information that DREAMY DAMIEN had started in advance of its proper mark, Rule 862 (1), or in advance of its correct barrier position. Rule 862 (1), clearly in the Committee’s view, does not apply. The protest was brought under Rule 862 (2), the allegation being that the horse started from the incorrect barrier position. The Committee is not satisfied, and in this respect it agreed with Mr Allison, that starting from barrier position 7 (outside of the front row) instead of Unruly 1, does not mean that that horse has started “in advance of its correct barrier position”.
In the case of a protest brought under Rule 862 (2), the Committee believes it has a discretion as to whether the horse should be disqualified (see Rule 1003(2) above). Having found that DREAMY DAMIEN did not start in advance of its correct barrier position, the test of whether disqualification is appropriate is, essentially, whether that horse has gained an advantage.
Applying that test to the present case, it is quite clear that no advantage was gained by DREAMY DAMIEN. It raced wide on the track after the start before pacing roughly and being eased to the rear by Mr Butt, to be a clear last at the 1400 metres. It continued to race in that position and was last of the seven runners entering the home straight.
The Committee was satisfied that no advantage had been gained by DREAMY DAMIEN as a result of starting from other than its correct barrier position. Accordingly, the Committee exercised its discretion not to disqualify that horse.
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: a61403ef0a7b8a5de2fa8e3ee029ef6f
informantnumber: A1420
horsename: DreamyDamien
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/07/2015
hearing_title: NZ Metro TC 10 July 2015 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3, Breckon Farms Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr C J Allison against DREAMY DAMIEN (R J Butt), placed 3rd by the judge, on the ground that “DREAMY DAMIEN started from the incorrect barrier position”.
Mr Butt was present at the hearing of the information. Mr R L Garters, part-owner of DREAMY DAMIEN, was also present.
The judge’s placings were as follows:-
1st 5 Mongolian Archer
2nd 2 McClinchie
3rd 7 Dreamy Damien
4th 1 Janices Cullen
5th 3 Mr Woodlea
Rule 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860 (8).
Rule 1003 provides as follows:
(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison said that DREAMY DAMIEN had drawn the Unruly 1 barrier position which, in the case of a mobile start, is from the second line no closer in than barrier position 5. He demonstrated, on a video replay of the start of the 1950 metres mobile start event, that DREAMY DAMIEN had started from barrier position 7 (the outside position) on the front row.
Mr Allison pointed out that, after the start, Mr Butt had got caught wide. The horse had paced roughly and Mr Butt then took a hold of it. By the time the field had actually settled, DREAMY DAMIEN was still out 3-wide and had gained no advantage at that stage of the race, Mr Allison submitted. Mr Butt continued to ease the horse back in the running passing the 1600 metres where the horse again “went rough”. Upon entering the straight with approximately 1400 metres to run, the horse was in a gap in last position.
Mr Allison said that the Stewards did not consider that DREAMY DAMIEN had started in advance of its correct mark. It had started from an incorrect barrier position but it had gained no advantage, he submitted.
Mr Butt said that he agreed with Mr Allison in the respect that the horse had gained no advantage. He admitted that it had started from the incorrect barrier position. He had been unaware that the horse was unruly and said that he might have expected some assistance from the Starter or an assistant.
Mr Garters pointed out on the video replay that, passing the 400 metres, the horse was still racing in last position and looked unlikely to fill a placing. He also submitted that the horse had gained no advantage and, in fact, may have been worse off having to be restrained back to last in the field from wide on the track.
reasonsfordecision:
It was not alleged in the information that DREAMY DAMIEN had started in advance of its proper mark, Rule 862 (1), or in advance of its correct barrier position. Rule 862 (1), clearly in the Committee’s view, does not apply. The protest was brought under Rule 862 (2), the allegation being that the horse started from the incorrect barrier position. The Committee is not satisfied, and in this respect it agreed with Mr Allison, that starting from barrier position 7 (outside of the front row) instead of Unruly 1, does not mean that that horse has started “in advance of its correct barrier position”.
In the case of a protest brought under Rule 862 (2), the Committee believes it has a discretion as to whether the horse should be disqualified (see Rule 1003(2) above). Having found that DREAMY DAMIEN did not start in advance of its correct barrier position, the test of whether disqualification is appropriate is, essentially, whether that horse has gained an advantage.
Applying that test to the present case, it is quite clear that no advantage was gained by DREAMY DAMIEN. It raced wide on the track after the start before pacing roughly and being eased to the rear by Mr Butt, to be a clear last at the 1400 metres. It continued to race in that position and was last of the seven runners entering the home straight.
The Committee was satisfied that no advantage had been gained by DREAMY DAMIEN as a result of starting from other than its correct barrier position. Accordingly, the Committee exercised its discretion not to disqualify that horse.
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid in accordance with the judge’s official placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 862(2)& 1003(2)
Informant: C J Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: R L Garters, Part-Owner
Respondent: R J Butt, Licensed Open Driver
StipendSteward:
raceid: f16b91e3aa7492f5ac8bd9f15ad1aed6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dc488498c7f7aaaace4bea3054bbffe1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/07/2015
meet_title: NZ Metro TC - 10 July 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC