NZ Metro TC 13 September 2012 – R 3 (instigating a protest)
ID: JCA18058
Meet Title:
NZ Metro TC - 13 September 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/09/13
Race Number:
R3
Decision:
On resuming the hearing Race 4 was about to start. We briefly gave our reasons and advised that the protest was dismissed. We also advised that full reasons for this decision would be given later (see above), and advised the Registrar that the Judges’ placings stood and dividends were to be paid accordingly.
Facts:
Following the running of Race 3, the Bishopdale – Bush Inn TAB’s Amateur Drivers Mobile Pace, an Information Instigating a Protest was filed by Advanced Amateur Driver Mr R. J. Sissons against the 1st placing of “Cullens Finest” (12), by “Little Joe” (10) which finished 2nd in the race. The official margin between 1st and 2nd was 2 lengths.
The Judge’s placings in this race were as follows:
1st – Cullens Finest (12)
2nd – Little Joe (10)
3rd – Don’t Tell Jim (2)
4th – Delightful Song (4)
5th – Mullingar Mac (6)
6th – Jonny Wilkinson (7)
The Information reads as follows:
“I the above named informant allege that horse number (12) or its driver placed 1st by the Judge interfered with the chances of horse number (10) placed 2nd by the Judge – In the early stages A. White shifted ground to a position that belonged to Little Joe (R. Sissons) which Mr Sissons feels has cost him the race.”
Rule 869(8) provides as follows:
“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 connections of “Little Joe” were represented at this hearing by driver Mr R. J. Sissons and trainer Mr P. D. Young. Mr A. C. White, the driver of “Cullens Finest” represented the interests of that horse, and the trainer, Mr P. B. Burrows, also attended later in the hearing.
Submissions for Decision:
Chief Stipendiary Steward Mr N. G. McIntyre assisted the hearing of this matter by the use of video coverage.
Mr Sissons gave evidence that in this 1950 metre mobile start race he had drawn the inside of the second line, with Mr White’s horse on his outside. Mr Sissons said that he followed the leader, “Don’t Tell Jim” (2), out after the start and that on the first bend “Little Joe” had moved past him and had taken the trail which he believed he was entitled to. Mr Sissons said that in making this movement there had been contact made with his horse’s off front leg.
Mr White gave evidence that after the start Mr Sissons seemed to take hold of his horse, and was drifting back. He had taken his horse forward and there was plenty of room for him to move into the trail, which he did. Mr White was not sure if there had been contact as described by Mr Sissons, but said that at the time of the incident he was receiving some pressure from the horses on his outside. Mr White did not believe that he had done anything wrong, and that whatever contact there might have been did not affect the chance of Mr Sissons’ horse.
The video coverage showed that Mr White and Mr Sissons stayed two and three back on the fence until they reached the home straight. Both then had a clear run to the finish, with Mr Sissons making no ground on Mr White.
Mr McIntyre was asked if he wished to make any comments about this protest, and he declined.
We adjourned to consider our decision.
Reasons for Decision:
After seeing the video coverage and hearing the evidence we were satisfied that Mr Sissons had shown no urgency in trying to take the trail, and in this respect we accept Mr White’s evidence that Mr Sissons had taken hold of his horse and was drifting back. We were also satisfied that there was a large gap between the leader and Mr Sissons’ horse when Mr White made his movement into the trail. Finally we also accepted that there was slight contact when Mr White crossed to the trail, but that this did not cause “Little Joe” to break or lose its place in the field, and nor did it affect its chances in 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: e80ba2175283c934926bc497c83cd29f
informantnumber: A5658
horsename: Little Joe
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 05/09/2012
hearing_title: NZ Metro TC 13 September 2012 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3, the Bishopdale – Bush Inn TAB’s Amateur Drivers Mobile Pace, an Information Instigating a Protest was filed by Advanced Amateur Driver Mr R. J. Sissons against the 1st placing of “Cullens Finest” (12), by “Little Joe” (10) which finished 2nd in the race. The official margin between 1st and 2nd was 2 lengths.
The Judge’s placings in this race were as follows:
1st – Cullens Finest (12)
2nd – Little Joe (10)
3rd – Don’t Tell Jim (2)
4th – Delightful Song (4)
5th – Mullingar Mac (6)
6th – Jonny Wilkinson (7)
The Information reads as follows:
“I the above named informant allege that horse number (12) or its driver placed 1st by the Judge interfered with the chances of horse number (10) placed 2nd by the Judge – In the early stages A. White shifted ground to a position that belonged to Little Joe (R. Sissons) which Mr Sissons feels has cost him the race.”
Rule 869(8) provides as follows:
“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 connections of “Little Joe” were represented at this hearing by driver Mr R. J. Sissons and trainer Mr P. D. Young. Mr A. C. White, the driver of “Cullens Finest” represented the interests of that horse, and the trainer, Mr P. B. Burrows, also attended later in the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Chief Stipendiary Steward Mr N. G. McIntyre assisted the hearing of this matter by the use of video coverage.
Mr Sissons gave evidence that in this 1950 metre mobile start race he had drawn the inside of the second line, with Mr White’s horse on his outside. Mr Sissons said that he followed the leader, “Don’t Tell Jim” (2), out after the start and that on the first bend “Little Joe” had moved past him and had taken the trail which he believed he was entitled to. Mr Sissons said that in making this movement there had been contact made with his horse’s off front leg.
Mr White gave evidence that after the start Mr Sissons seemed to take hold of his horse, and was drifting back. He had taken his horse forward and there was plenty of room for him to move into the trail, which he did. Mr White was not sure if there had been contact as described by Mr Sissons, but said that at the time of the incident he was receiving some pressure from the horses on his outside. Mr White did not believe that he had done anything wrong, and that whatever contact there might have been did not affect the chance of Mr Sissons’ horse.
The video coverage showed that Mr White and Mr Sissons stayed two and three back on the fence until they reached the home straight. Both then had a clear run to the finish, with Mr Sissons making no ground on Mr White.
Mr McIntyre was asked if he wished to make any comments about this protest, and he declined.
We adjourned to consider our decision.
reasonsfordecision:
After seeing the video coverage and hearing the evidence we were satisfied that Mr Sissons had shown no urgency in trying to take the trail, and in this respect we accept Mr White’s evidence that Mr Sissons had taken hold of his horse and was drifting back. We were also satisfied that there was a large gap between the leader and Mr Sissons’ horse when Mr White made his movement into the trail. Finally we also accepted that there was slight contact when Mr White crossed to the trail, but that this did not cause “Little Joe” to break or lose its place in the field, and nor did it affect its chances in the race.
Decision:
On resuming the hearing Race 4 was about to start. We briefly gave our reasons and advised that the protest was dismissed. We also advised that full reasons for this decision would be given later (see above), and advised the Registrar that the Judges’ placings stood and dividends were to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(8)
Informant: Mr R. J. Sissons - Advanced Amateur Driver
JockeysandTrainer:
Otherperson:
PersonPresent: Mr P. D. Young Trainer of "Little Joe", Mr P. B. Burrows - Trainer of "Cullens Finest"
Respondent: Mr A. C. White - Advanced Amateur Driver
StipendSteward:
raceid: 4405e13a85e94a24c4384f079fea9ef5
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: 3a8768bb55507ec4eaf19fec6adbbc86
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2012
meet_title: NZ Metro TC - 13 September 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC