NZ Metro TC 14 June 2013 – R 2 (instigating a protest)
ID: JCA17122
Meet Title:
NZ Metro TC - 14 June 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/06/14
Race Number:
R2
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the judge’s final placings.
Facts:
Following the running of Race 2, Marriotts Chartered Accountants Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr C J Allison, against WHISPER JET (M Purdon), placed 1st by the judge, on the grounds that “with approximately 1400 metres to run it shifted ground outwards forcing DONEGAL CAM’S CARD (D J Dunn) to race wider on the track”. DONEGAL CAM’S CARD was placed 10th by the judge.
Mr Purdon, the trainer and driver of WHISPER JET, 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:
(6) Subject to sub-rule hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Submissions for Decision:
Mr Allison showed head-on and side-on video replays of the race as the field turned into the home straight with 1400 metres to race. He pointed out WHISPER JET, driven by Mr Purdon, racing in the one-one position with DONEGAL CAM’S CARD (D J Dunn) improving 3-wide following CHANELLE BROMAC (J E Trainor). Mr Purdon was having difficulty with his horse and it shifted ground outwards, forcing DONEGAL CAM’S CARD to race 4-wide.
Mr Allison said that, when CHANELLE BROMAC went past it, Mr Purdon’s horse became “quite keen” and started throwing its head around and Mr Purdon shifted it out. Mr Dunn improved to the parked position, having covered some extra ground, and Mr Purdon ended up in the one-one behind Mr Dunn. Mr Allison then showed a video replay of the rest of the race won by WHISPER JET.
Mr Allison submitted that the issue for the Committee was not one of what had occurred to Mr Dunn’s horse and whether it was disadvantaged but, rather, whether Mr Purdon’s horse had gained an advantage over the remainder of the field. Mr Dunn’s horse was well beaten and was beaten a long way from home, Mr Allison said.
Mr Allison said that he believed that the nose of Mr Dunn’s horse was in line with or past the sulky wheel of Mr Purdon’s horse when Mr Purdon made the outward movement.
Mr Dunn said that he had been in the 3-wide line following Mr Trainor. He lost contact with Mr Trainor’s back for a few strides and was just making up the leeway when Mr Purdon’s horse began to overrace and Mr Purdon had to come out. Mr Dunn said that the incident made no difference to his chances in any way as his horse finished “a distant last” (in fact, it was second to last). He agreed that his horse was beaten some distance from home. He had been outside Mr Purdon’s wheel when Mr Purdon came out but he had been “chasing up” his horse, Mr Dunn said. He had not covered a lot of extra ground as he had restrained back, he said, and it was not on a bend.
Mr Purdon said that Mr Trainor’s horse had been the first to make a move. When it got to his horse, his horse began to pull very hard and he was struggling to restrain her, Mr Purdon said. It was “in the interests of safety” that he had to come out. He was in trouble on the back of VERTICAL FOUR (J F Curtin), he said. He had the opportunity to come out, although Mr Dunn was forward of him at that stage. He had tried to let Mr Dunn past but he, Mr Purdon, had been a “passenger”. He pointed out his horse’s head “going up and down”.
In conclusion, Mr Allison submitted that there had been a breach of the “push-out Rule” but Mr Purdon had explained why. Given Mr Dunn’s evidence, it was open to the Committee to find that Mr Dunn’s chances had not been affected as it had gone “very average” afterwards. It had finished 24.5 lengths from the winner, WHISPER JET. The issue was whether or not Mr Purdon had gained an advantage over the rest of the field by his actions, Mr Allison submitted.
Mr Purdon said that he would have preferred to wait and follow Mr Dunn round and go to the parked position. He had been inconvenienced by Mr Dunn’s horse on the final bend when it veered out under pressure.
Reasons for Decision:
It was clear to the Committee from the video evidence, the evidence of Mr Dunn and from Mr Allison’s submissions that, in terms of Rule 869 (8), the progress or chance of DONEGAL CAM’S CARD was not interfered with. Mr Dunn was heading for the parked position outside the leader, which was where he ended up. He said that he had not been forced to cover a lot of extra ground in getting there. Furthermore, it was agreed by all parties that the horse was beaten a long way from home.
Mr Allison submitted that the principal issue for the Committee to determine was whether WHISPER JET had gained an advantage by virtue of a breach of the push-out Rule. This was not so easy to determine, but it was relevant that Mr Purdon’s horse had been racing unkindly forcing him to make a move before he had intended to – he said that he had intended to wait for Mr Dunn to go past and follow him. In that respect, the horse was disadvantaged. It was difficult for the Committee, after watching the replay of the final 1400 metres of the race and the way the race developed, to find that WHISPER JET had gained any advantage over the rest of the field. In the circumstances, the Committee was not satisfied that it had gained any such advantage.
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: cf49071e3a9e2ba5040c87fff4a93a75
informantnumber: A5927
horsename: Whisper Jet
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/05/2013
hearing_title: NZ Metro TC 14 June 2013 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, Marriotts Chartered Accountants Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr C J Allison, against WHISPER JET (M Purdon), placed 1st by the judge, on the grounds that “with approximately 1400 metres to run it shifted ground outwards forcing DONEGAL CAM’S CARD (D J Dunn) to race wider on the track”. DONEGAL CAM’S CARD was placed 10th by the judge.
Mr Purdon, the trainer and driver of WHISPER JET, 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:
(6) Subject to sub-rule hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison showed head-on and side-on video replays of the race as the field turned into the home straight with 1400 metres to race. He pointed out WHISPER JET, driven by Mr Purdon, racing in the one-one position with DONEGAL CAM’S CARD (D J Dunn) improving 3-wide following CHANELLE BROMAC (J E Trainor). Mr Purdon was having difficulty with his horse and it shifted ground outwards, forcing DONEGAL CAM’S CARD to race 4-wide.
Mr Allison said that, when CHANELLE BROMAC went past it, Mr Purdon’s horse became “quite keen” and started throwing its head around and Mr Purdon shifted it out. Mr Dunn improved to the parked position, having covered some extra ground, and Mr Purdon ended up in the one-one behind Mr Dunn. Mr Allison then showed a video replay of the rest of the race won by WHISPER JET.
Mr Allison submitted that the issue for the Committee was not one of what had occurred to Mr Dunn’s horse and whether it was disadvantaged but, rather, whether Mr Purdon’s horse had gained an advantage over the remainder of the field. Mr Dunn’s horse was well beaten and was beaten a long way from home, Mr Allison said.
Mr Allison said that he believed that the nose of Mr Dunn’s horse was in line with or past the sulky wheel of Mr Purdon’s horse when Mr Purdon made the outward movement.
Mr Dunn said that he had been in the 3-wide line following Mr Trainor. He lost contact with Mr Trainor’s back for a few strides and was just making up the leeway when Mr Purdon’s horse began to overrace and Mr Purdon had to come out. Mr Dunn said that the incident made no difference to his chances in any way as his horse finished “a distant last” (in fact, it was second to last). He agreed that his horse was beaten some distance from home. He had been outside Mr Purdon’s wheel when Mr Purdon came out but he had been “chasing up” his horse, Mr Dunn said. He had not covered a lot of extra ground as he had restrained back, he said, and it was not on a bend.
Mr Purdon said that Mr Trainor’s horse had been the first to make a move. When it got to his horse, his horse began to pull very hard and he was struggling to restrain her, Mr Purdon said. It was “in the interests of safety” that he had to come out. He was in trouble on the back of VERTICAL FOUR (J F Curtin), he said. He had the opportunity to come out, although Mr Dunn was forward of him at that stage. He had tried to let Mr Dunn past but he, Mr Purdon, had been a “passenger”. He pointed out his horse’s head “going up and down”.
In conclusion, Mr Allison submitted that there had been a breach of the “push-out Rule” but Mr Purdon had explained why. Given Mr Dunn’s evidence, it was open to the Committee to find that Mr Dunn’s chances had not been affected as it had gone “very average” afterwards. It had finished 24.5 lengths from the winner, WHISPER JET. The issue was whether or not Mr Purdon had gained an advantage over the rest of the field by his actions, Mr Allison submitted.
Mr Purdon said that he would have preferred to wait and follow Mr Dunn round and go to the parked position. He had been inconvenienced by Mr Dunn’s horse on the final bend when it veered out under pressure.
reasonsfordecision:
It was clear to the Committee from the video evidence, the evidence of Mr Dunn and from Mr Allison’s submissions that, in terms of Rule 869 (8), the progress or chance of DONEGAL CAM’S CARD was not interfered with. Mr Dunn was heading for the parked position outside the leader, which was where he ended up. He said that he had not been forced to cover a lot of extra ground in getting there. Furthermore, it was agreed by all parties that the horse was beaten a long way from home.
Mr Allison submitted that the principal issue for the Committee to determine was whether WHISPER JET had gained an advantage by virtue of a breach of the push-out Rule. This was not so easy to determine, but it was relevant that Mr Purdon’s horse had been racing unkindly forcing him to make a move before he had intended to – he said that he had intended to wait for Mr Dunn to go past and follow him. In that respect, the horse was disadvantaged. It was difficult for the Committee, after watching the replay of the final 1400 metres of the race and the way the race developed, to find that WHISPER JET had gained any advantage over the rest of the field. In the circumstances, the Committee was not satisfied that it had gained any such advantage.
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the judge’s final placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(6)(b)&(c)
Informant: C J Allison, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: D J Dunn, Licensed Open Horseman
Respondent: M Purdon, Licensed Open Horseman
StipendSteward:
raceid: e8c6851661eabe63fec636bc07522eae
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: baa7fd0dafd11dfa9447b91e1783beaa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/06/2013
meet_title: NZ Metro TC - 14 June 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