NZ Metro TC 2 November 2012 – R 8 (instigating a protest)
ID: JCA15435
Meet Title:
NZ Metro TC - 2 November 2012
Meet Chair:
KHales
Meet Committee Member 1:
JPhelan
Race Date:
2012/11/02
Race Number:
R8
Decision:
The protest is upheld. "Gold Ace" is relegated to 9th position.
The amended placings are therefore:
1st Horse 3 - "Mah Sish"
2nd Horse 11 - "Sir Lincoln"
3rd Horse 1 - "Sir James"
4th Horse 6 - "Pure Power"
5th Horse 2 - "Kotare Yaakov"
6th Horse 7 - "Rangataua Ray"
Dividends and stakes are therefore to be paid in accordance with the amended placings.
Facts:
It was alleged by the Stipendiary Stewards that there was interference at the start from "Gold Ace" onto "Auckland Reactor".
The judge's placings were:
1st Horse 3 - "Mah Sish"
2nd Horse 9 - "Gold Ace"
3rd Horse 11 - "Sir Lincoln"
4th Horse 1 - "Samuel James"
5th Horse 5 - "Pure Power"
6th Horse 2 - "Kotare Yaakov"
Both horses in question started at the 25 metre handicap mark, "Gold Ace" being drawn 3, and "Auckland Reactor" drawn in the Unruly 1 position. When the barrier strands were released, "Gold Ace" moved sharply outwards towards the line of "Auckland Reactor". As a consequence of this sudden movement, "Auckland Reactor" broke from its gait and did not recover for some considerable distance. It fell at least 50 metres behind the field but then recovered to take the lead, but on the turn for home, was overtaken by the field and finished 9th in a field of 9.
Mr M Purdon, the driver of "Auckland Reactor" advised the hearing that he "felt that his horse had started the race in a pace", but after having to check off, because of the actions of "Gold Ace", it broke from its gait, and thereby had its chances affected.
Mr SJ Reid, the driver of "Gold Ace", did not accept that his horse caused interference to "Auckland Reactor", as he said that there was no contact between his horse, and Mr Purdon's horse. He further said that "Auckland Reactor" over reacted to the movement of "Gold Ace". It was put to him by the Judicial Committee, that if "Auckland Reactor" had not been checked off its line that there would have been contact between the two horses. Mr Reid maintained that if "Auckland Reactor" had not been checked off its line, that he would have straightened his horse so as to avoid contact.
The video coverage of the incident was shown to the hearing.
Submissions for Decision:
The Stipendiary Stewards submitted "Auckland Reactor" had commenced the race in its correct gait, and that was able to be seen in the video coverage of the start. They submitted that "Auckland Reactor" had to be checked off as a result of the actions of "Gold Ace". Mr Purdon's actions were necessary, and as a consequence, "Auckland Reactor" had its chances affected.
Mr Reid submitted that such a situation was common in standing starts, often beyond a driver's control. He maintained that as a rule no action was taken in terms of protests being lodged. He kept to his view that his horse did not cause interference to Mr Purdon's horse. He said that he straightened his line, and that his horse was affected by the tapes, as was "Auckland Reactor", which they shouldn't have been, as they were both "Cup" horses.
Reasons for Decision:
After giving careful consideration to the submissions and the video coverage, this Judicial Committee is in no doubt that "Gold Ace" came out in such a manner as to affect the chances and/or progress of "Auckland Reactor". We do not find that the incident was a result of driver fault, rather it was horse fault, which situation is encompassed by the Rule. Clearly, "Auckland Reactor" started the race in its correct gait, but was knocked off that gait by having to be checked off the path of "Gold Ace", notwithstanding that there was no contact between the horses in question.
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: 92e8dd45a7df66c231bd7c98050fd7ec
informantnumber: A1814
horsename: Gold Ace
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/10/2012
hearing_title: NZ Metro TC 2 November 2012 - R 8 (instigating a protest)
charge:
facts:
It was alleged by the Stipendiary Stewards that there was interference at the start from "Gold Ace" onto "Auckland Reactor".
The judge's placings were:
1st Horse 3 - "Mah Sish"
2nd Horse 9 - "Gold Ace"
3rd Horse 11 - "Sir Lincoln"
4th Horse 1 - "Samuel James"
5th Horse 5 - "Pure Power"
6th Horse 2 - "Kotare Yaakov"
Both horses in question started at the 25 metre handicap mark, "Gold Ace" being drawn 3, and "Auckland Reactor" drawn in the Unruly 1 position. When the barrier strands were released, "Gold Ace" moved sharply outwards towards the line of "Auckland Reactor". As a consequence of this sudden movement, "Auckland Reactor" broke from its gait and did not recover for some considerable distance. It fell at least 50 metres behind the field but then recovered to take the lead, but on the turn for home, was overtaken by the field and finished 9th in a field of 9.
Mr M Purdon, the driver of "Auckland Reactor" advised the hearing that he "felt that his horse had started the race in a pace", but after having to check off, because of the actions of "Gold Ace", it broke from its gait, and thereby had its chances affected.
Mr SJ Reid, the driver of "Gold Ace", did not accept that his horse caused interference to "Auckland Reactor", as he said that there was no contact between his horse, and Mr Purdon's horse. He further said that "Auckland Reactor" over reacted to the movement of "Gold Ace". It was put to him by the Judicial Committee, that if "Auckland Reactor" had not been checked off its line that there would have been contact between the two horses. Mr Reid maintained that if "Auckland Reactor" had not been checked off its line, that he would have straightened his horse so as to avoid contact.
The video coverage of the incident was shown to the hearing.
appealdecision:
isappeal:
submissionsfordecision:
The Stipendiary Stewards submitted "Auckland Reactor" had commenced the race in its correct gait, and that was able to be seen in the video coverage of the start. They submitted that "Auckland Reactor" had to be checked off as a result of the actions of "Gold Ace". Mr Purdon's actions were necessary, and as a consequence, "Auckland Reactor" had its chances affected.
Mr Reid submitted that such a situation was common in standing starts, often beyond a driver's control. He maintained that as a rule no action was taken in terms of protests being lodged. He kept to his view that his horse did not cause interference to Mr Purdon's horse. He said that he straightened his line, and that his horse was affected by the tapes, as was "Auckland Reactor", which they shouldn't have been, as they were both "Cup" horses.
reasonsfordecision:
After giving careful consideration to the submissions and the video coverage, this Judicial Committee is in no doubt that "Gold Ace" came out in such a manner as to affect the chances and/or progress of "Auckland Reactor". We do not find that the incident was a result of driver fault, rather it was horse fault, which situation is encompassed by the Rule. Clearly, "Auckland Reactor" started the race in its correct gait, but was knocked off that gait by having to be checked off the path of "Gold Ace", notwithstanding that there was no contact between the horses in question.
Decision:
The protest is upheld. "Gold Ace" is relegated to 9th position.
The amended placings are therefore:
1st Horse 3 - "Mah Sish"
2nd Horse 11 - "Sir Lincoln"
3rd Horse 1 - "Sir James"
4th Horse 6 - "Pure Power"
5th Horse 2 - "Kotare Yaakov"
6th Horse 7 - "Rangataua Ray"
Dividends and stakes are therefore to be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869 (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 chance or progress may have been affected thereby
Informant: SP Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Purdon - Licensed Open Driver
Respondent: S J Reid - Open Horseman
StipendSteward:
raceid: 8040add9c1989de0f4f9bd77fa6bf330
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: f7d6005e5edff6f9d1e8bc5a79e96d72
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/11/2012
meet_title: NZ Metro TC - 2 November 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC