NZ Metro TC 14 December 2013 – R 4 (instigating a protest)
ID: JCA13597
Meet Title:
NZ Metro TC - 14 December 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/12/14
Race Number:
R4
Decision:
The protest was upheld and RED UNDER FIRE was relegated to 11th placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st 7 Threebee
2nd 5 Highview Jimmy
3rd 9 Franco Tyrone
4th 11 Starry Delight
5th 8 Pushkin
It was ordered that dividends and stake monies be paid in accordance with that amended result.
Facts:
Following the running of Race 4, Dakins Group “Two Lap” Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, on behalf of ZOEROTTEN (J G Anderson), placed 10th by the judge, against RED UNDER FIRE (K M Barron), placed 3rd by the judge, on the grounds of that “RED UNDER FIRE swung outwards at the start and checked ZOEROTTEN who lost considerable ground”.
Mr Barron was present at the hearing of the information and he indicated that he was representing the connections of that horse at 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 judge’s placings were:
1st 7 Threebee
2nd 5 Highview Jimmy
3rd 2 Red Under Fire
4th 9 Franco Tyrone
5th 11 Starry Delight
Submissions for Decision:
Mr Ydgren showed video replays of the start of the 2400 metres standing start event. He pointed out RED UNDER FIRE, driven by Mr Barron, which had drawn barrier position 2 on the front row, and ZOEROTTEN (J G Anderson) which had drawn barrier position 2 on the second row, immediately behind RED UNDER FIRE.
Mr Ydgren said that, just prior to the start, Mr Barron had “corrected” his horse by straightening it up – it had been leaning on the horse drawn barrier position 1, HOUDINI (R D Holmes). As the start was effected, RED UNDER FIRE had swung outwards and Mr Anderson, which had drawn directly behind it, was left with a “wall” in front of him with nowhere to go. STARRY DELIGHT (K V Hadfield) was also affected, but worst affected was ZOEROTTEN.
Mr Anderson, who was assisted by Licensed Open Horseman, Mr R T May, said that the videos showed that he had nowhere to go. He said that his horse had lost only, probably, 10 lengths but the horse had finished 65.8 lengths from the winner. However, it was clear from the video replays that his chances or progress were affected. His horse had been brought to a standstill, he said.
Mr Barron said that Mr Holmes on his inside had called out to the starter to hold the start. He said that his horse had gone across in front of Mr Holmes’ horse before the start. Mr Holmes had been yelling to the starter and, Mr Barron said, he had “yanked’ his horse away from him at the same time as the starter had released the tape. When he did that, the horse just “shot sideways”. He pointed out on a video replay a starter’s assistant put his arm up to signal the starter to hold the start. Mr Barron acknowledged that ZOEROTTEN had nowhere to go. That horse was only some 3 lengths behind him after the start and finished up 85 metres behind him, he said.
Mr Ydgren agreed that Mr Barron’s horse had leaned on Mr Holmes’ horse prior to the start but submitted that the starter had waited and, once Mr Barron turned his horse out, he was entitled to call the start. Mr Holmes (HOUDINI) had an unobstructed start.
Reasons for Decision:
This was a clear case of interference. When the tape was released, RED UNDER FIRE which had drawn 2 on the front row swung outwards, almost at a right-angle, and in doing so completely halted the progress of ZOEROTTEN which had drawn immediately behind RED UNDER FIRE on the second row. ZOEROTTEN lost a considerable stretch of ground as a consequence. The Committee found that RED UNDER FIRE had swung outwards after the tape had been released and was clear of HOUDINI at that time.
We do not believe that the eventual finishing position of ZOEROTTEN is relevant in such circumstances. It was severely checked by RED UNDER FIRE and, effectively, was thereby deprived of any opportunity to fairly compete in the race. The Committee was more than satisfied that the chances or progress of ZOEROTTEN were interfered with.
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: 4b453fa9c3280483eaa79f65e7aa1c28
informantnumber: A6106
horsename: Red Under Fire
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2013
hearing_title: NZ Metro TC 14 December 2013 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, Dakins Group “Two Lap” Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, on behalf of ZOEROTTEN (J G Anderson), placed 10th by the judge, against RED UNDER FIRE (K M Barron), placed 3rd by the judge, on the grounds of that “RED UNDER FIRE swung outwards at the start and checked ZOEROTTEN who lost considerable ground”.
Mr Barron was present at the hearing of the information and he indicated that he was representing the connections of that horse at 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 judge’s placings were:
1st 7 Threebee
2nd 5 Highview Jimmy
3rd 2 Red Under Fire
4th 9 Franco Tyrone
5th 11 Starry Delight
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed video replays of the start of the 2400 metres standing start event. He pointed out RED UNDER FIRE, driven by Mr Barron, which had drawn barrier position 2 on the front row, and ZOEROTTEN (J G Anderson) which had drawn barrier position 2 on the second row, immediately behind RED UNDER FIRE.
Mr Ydgren said that, just prior to the start, Mr Barron had “corrected” his horse by straightening it up – it had been leaning on the horse drawn barrier position 1, HOUDINI (R D Holmes). As the start was effected, RED UNDER FIRE had swung outwards and Mr Anderson, which had drawn directly behind it, was left with a “wall” in front of him with nowhere to go. STARRY DELIGHT (K V Hadfield) was also affected, but worst affected was ZOEROTTEN.
Mr Anderson, who was assisted by Licensed Open Horseman, Mr R T May, said that the videos showed that he had nowhere to go. He said that his horse had lost only, probably, 10 lengths but the horse had finished 65.8 lengths from the winner. However, it was clear from the video replays that his chances or progress were affected. His horse had been brought to a standstill, he said.
Mr Barron said that Mr Holmes on his inside had called out to the starter to hold the start. He said that his horse had gone across in front of Mr Holmes’ horse before the start. Mr Holmes had been yelling to the starter and, Mr Barron said, he had “yanked’ his horse away from him at the same time as the starter had released the tape. When he did that, the horse just “shot sideways”. He pointed out on a video replay a starter’s assistant put his arm up to signal the starter to hold the start. Mr Barron acknowledged that ZOEROTTEN had nowhere to go. That horse was only some 3 lengths behind him after the start and finished up 85 metres behind him, he said.
Mr Ydgren agreed that Mr Barron’s horse had leaned on Mr Holmes’ horse prior to the start but submitted that the starter had waited and, once Mr Barron turned his horse out, he was entitled to call the start. Mr Holmes (HOUDINI) had an unobstructed start.
reasonsfordecision:
This was a clear case of interference. When the tape was released, RED UNDER FIRE which had drawn 2 on the front row swung outwards, almost at a right-angle, and in doing so completely halted the progress of ZOEROTTEN which had drawn immediately behind RED UNDER FIRE on the second row. ZOEROTTEN lost a considerable stretch of ground as a consequence. The Committee found that RED UNDER FIRE had swung outwards after the tape had been released and was clear of HOUDINI at that time.
We do not believe that the eventual finishing position of ZOEROTTEN is relevant in such circumstances. It was severely checked by RED UNDER FIRE and, effectively, was thereby deprived of any opportunity to fairly compete in the race. The Committee was more than satisfied that the chances or progress of ZOEROTTEN were interfered with.
Decision:
The protest was upheld and RED UNDER FIRE was relegated to 11th placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st 7 Threebee
2nd 5 Highview Jimmy
3rd 9 Franco Tyrone
4th 11 Starry Delight
5th 8 Pushkin
It was ordered that dividends and stake monies 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: J G Anderson, Licensed Junior Horseman, R T May, Licensed Open Horseman
Respondent: K M Barron, Licensed Open Horseman/Public Trainer
StipendSteward:
raceid: 4ba2fc142f8a4ab806d4650c52345c05
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cc56cc8b691d4731ea003a327da14880
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/12/2013
meet_title: NZ Metro TC - 14 December 2013
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