NZ Metro TC 18 October 2013 – R8 (instigating a protest)
ID: JCA17537
Meet Title:
NZ Metro TC - 18 October 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/10/18
Race Number:
R8
Decision:
The protest was dismissed.
It was ordered that the judge’s placings for the race should stand with dividends and stake monies to be paid accordingly.
Facts:
Following the running of Race 8, “Rosalie Bay”- 2013 Breeders’ Crown Winner Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren by THANESAN (A M Butt) placed 8th by the judge, against ESCAPEE (M Purdon) placed 2nd by the judge, on the grounds of “interference passing the 1300 metres when ESCAPEE pulled up resulting in interference to THANESAN which broke”.
Mr Purdon, co-trainer and driver of ESCAPEE, was present at the protest hearing and he indicated that he was representing the connections of that horse.
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.
Submissions for Decision:
Mr Ydgren showed video replays of the relevant part of the race as the field raced down the straight with approximately 1300 metres to race. He pointed out ESCAPEE, driven by Mr Purdon, leading the field. THANESAN, driven by Mr Butt, was five horses back on the markers. Just approaching the winning post, Mr Ydgren alleged, ESCAPEE “threw its head” which caused a slight easing of the pace of the horses on the marker line. The effect of such an easing in the pace had a concertina effect through the field. Mr Butt’s horse broke and lost all chance, Mr Ydgren said.
Mr Butt stated that his horse probably overreacted to a “minor incident”. It received a “slight check” and should not have broken, he said. None of the three runners in front of him broke. The horse did lose some ground, about 5-6 lengths, and he caught the field reasonably quickly, but still finished well back, Mr Butt said. He was well back at the finish although the interference had some effect.
Mr Purdon said that ESCAPEE had been pulling hard and, as she got to the winning post, she “reacted in the mouth and threw her head”. He acknowledged that it had caused a “chain reaction” and caused interference to THANESAN. Once he gave the mare her head back she was “right again”. Mr Purdon submitted that THANESAN was “well beaten”, having lost only 5-6 lengths in the incident.
Mr Ydgren informed the Committee that THANESAN had finished 19.3 lengths from the winner in 8th placing.
Reasons for Decision:
It was alleged that ESCAPEE had caused interference to THANESAN with approximately 1300 metres to race, when leading the field, by throwing its head and causing a slight easing of the pace at that point resulting in THANESAN, which had been trailing 5-back on the markers going into a break and losing some ground. Both Mr Purdon and Mr Butt stated that THANESAN lost some 5-6 lengths.
What happened was unfortunate. ESCAPEE had been pulling hard prior to the incident. It tossed its head slightly causing, what Mr Purdon called, a “chain reaction”.
It is fair to say that that ESCAPEE’s actions were minor and involved little more than a racing incident. The consequences were out of proportion. Mr Butt said that his horse received a “slight check” and that it should not have broken.
Having heard the evidence of Mr Butt and having regard to the final placing and distance from the winner of THANESAN, the Committee is not satisfied that the chances or progress of that runner were affected to the extent that it was deprived of the opportunity to take part in the finish.
The Committee has a discretion whether to relegate ESCAPEE and, for the reasons given, exercises that discretion to not relegate ESCAPEE.
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: eeaed223a1cc3a65a599cb65bd9c611d
informantnumber: A1639
horsename: ESCAPEE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/10/2013
hearing_title: NZ Metro TC 18 October 2013 - R8 (instigating a protest)
charge:
facts:
Following the running of Race 8, “Rosalie Bay”- 2013 Breeders’ Crown Winner Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren by THANESAN (A M Butt) placed 8th by the judge, against ESCAPEE (M Purdon) placed 2nd by the judge, on the grounds of “interference passing the 1300 metres when ESCAPEE pulled up resulting in interference to THANESAN which broke”.
Mr Purdon, co-trainer and driver of ESCAPEE, was present at the protest hearing and he indicated that he was representing the connections of that horse.
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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed video replays of the relevant part of the race as the field raced down the straight with approximately 1300 metres to race. He pointed out ESCAPEE, driven by Mr Purdon, leading the field. THANESAN, driven by Mr Butt, was five horses back on the markers. Just approaching the winning post, Mr Ydgren alleged, ESCAPEE “threw its head” which caused a slight easing of the pace of the horses on the marker line. The effect of such an easing in the pace had a concertina effect through the field. Mr Butt’s horse broke and lost all chance, Mr Ydgren said.
Mr Butt stated that his horse probably overreacted to a “minor incident”. It received a “slight check” and should not have broken, he said. None of the three runners in front of him broke. The horse did lose some ground, about 5-6 lengths, and he caught the field reasonably quickly, but still finished well back, Mr Butt said. He was well back at the finish although the interference had some effect.
Mr Purdon said that ESCAPEE had been pulling hard and, as she got to the winning post, she “reacted in the mouth and threw her head”. He acknowledged that it had caused a “chain reaction” and caused interference to THANESAN. Once he gave the mare her head back she was “right again”. Mr Purdon submitted that THANESAN was “well beaten”, having lost only 5-6 lengths in the incident.
Mr Ydgren informed the Committee that THANESAN had finished 19.3 lengths from the winner in 8th placing.
reasonsfordecision:
It was alleged that ESCAPEE had caused interference to THANESAN with approximately 1300 metres to race, when leading the field, by throwing its head and causing a slight easing of the pace at that point resulting in THANESAN, which had been trailing 5-back on the markers going into a break and losing some ground. Both Mr Purdon and Mr Butt stated that THANESAN lost some 5-6 lengths.
What happened was unfortunate. ESCAPEE had been pulling hard prior to the incident. It tossed its head slightly causing, what Mr Purdon called, a “chain reaction”.
It is fair to say that that ESCAPEE’s actions were minor and involved little more than a racing incident. The consequences were out of proportion. Mr Butt said that his horse received a “slight check” and that it should not have broken.
Having heard the evidence of Mr Butt and having regard to the final placing and distance from the winner of THANESAN, the Committee is not satisfied that the chances or progress of that runner were affected to the extent that it was deprived of the opportunity to take part in the finish.
The Committee has a discretion whether to relegate ESCAPEE and, for the reasons given, exercises that discretion to not relegate ESCAPEE.
Decision:
The protest was dismissed.
It was ordered that the judge’s placings for the race should stand with dividends and stake monies to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: NM Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: AM Butt - Licensed Open Driver
Respondent: M Purdon - Licensed Open Driver
StipendSteward:
raceid: c8c8c5169a8813c9a3c509c446979157
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: baf080d88b982b0c9f758c6ffe3d0cbc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/10/2013
meet_title: NZ Metro TC - 18 October 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