NZ Metro TC – 20 November 2009 – Race 6
ID: JCA20760
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 20 November 2009
Race Date:
2009/11/20
Race Number:
Race 6
Decision:
Following the running of Race 6, the Aussie Browne’s Unichem Pharmacies Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rules 869(7B) and (8). The information reads as follows.
--“This is a protest against horse number (4) placed 4th by the judge on the grounds of Rules 869(7B ) and (8) – shifted inside pylons in the run home & 869(8) gaining and advantage.”
--
Following the running of Race 6, the Aussie Browne’s Unichem Pharmacies Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rules 869(7B) and (8). The information reads as follows.
--“This is a protest against horse number (4) placed 4th by the judge on the grounds of Rules 869(7B ) and (8) – shifted inside pylons in the run home & 869(8) gaining and advantage.”
--Rules 869(7B) and (8) read as follows.
--“(7B) Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.
--(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 driver of “Mon Star”, Mr M. R. Hay, attended this hearing, and he agreed that he would represent the interests of the trainer and owners of “Mon Star”.
--Stipendiary Steward Mrs K. R. Williams gave evidence and used video coverage to show that shortly after entering the home straight “Mon Star” used the passing lane to improve along the inside. In doing so a sulky wheel brushed one marker and then went inside the next two before regaining the track proper. The distance between the two markers which were struck was 21.3 metres.
--Mr McIntyre gave evidence that “Mon Star” was clearly inside the marker line for more than the 30 metres provided for by the Rules.
--Mr Hay gave evidence and used video coverage of this incident. He said that on reaching the passing lane there was a gap between the marker line and “Stringy Bark” (1), and he was able to use this to get up on the inside of “Stringy Bark”. In doing so Mr Hay said that he brushed one marker, but did not go inside it. He agreed that he did go inside the next two markers.
--Mr Hay said that he was pushed inside the marker line when “Stringy Bark” moved inwards slightly after he had moved inside that horse. The driver of “Stringy Bark” had corrected this inwards movement quite promptly which had then allowed him to move back on to the track proper.
--After hearing the evidence we adjourned to consider our decision.
We were satisfied that the video coverage showed that “Stringy Bark” had moved in slightly (about 30cm) after “Mon Star” had moved inside it. We were also satisfied that it was this movement that had caused “Mon Star” to move inside the marker line. In terms of Rule 869(7B) this amounted to “interference”, and we decided that the protest should be dismissed.
On returning to the Enquiry Room we advised that a full written decision would be provided later, and we gave the following oral decision.
--“Having seen the video coverage, and having heard the evidence, we are satisfied that “Mon Star” did go inside the pylons for more than the 30 metres allowed by the Rules.
--However we accept that this was caused, in part, by interference by another horse and the protest is dismissed.”
--J. M. Phelan P. J. Rosanowski
CHAIR Committee Member
13936
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: 8d23c556e5da5b78851944b9c4a414f5
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 20/11/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 20 November 2009 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 6, the Aussie Browne’s Unichem Pharmacies Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rules 869(7B) and (8). The information reads as follows.
--“This is a protest against horse number (4) placed 4th by the judge on the grounds of Rules 869(7B ) and (8) – shifted inside pylons in the run home & 869(8) gaining and advantage.”
--
Following the running of Race 6, the Aussie Browne’s Unichem Pharmacies Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. G. McIntyre alleging a breach of Rules 869(7B) and (8). The information reads as follows.
--“This is a protest against horse number (4) placed 4th by the judge on the grounds of Rules 869(7B ) and (8) – shifted inside pylons in the run home & 869(8) gaining and advantage.”
--Rules 869(7B) and (8) read as follows.
--“(7B) Where any horse or its sulky wheel moves inside the track marker line for more than 30 metres in the last 600 metres of a race the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.
--(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 driver of “Mon Star”, Mr M. R. Hay, attended this hearing, and he agreed that he would represent the interests of the trainer and owners of “Mon Star”.
--Stipendiary Steward Mrs K. R. Williams gave evidence and used video coverage to show that shortly after entering the home straight “Mon Star” used the passing lane to improve along the inside. In doing so a sulky wheel brushed one marker and then went inside the next two before regaining the track proper. The distance between the two markers which were struck was 21.3 metres.
--Mr McIntyre gave evidence that “Mon Star” was clearly inside the marker line for more than the 30 metres provided for by the Rules.
--Mr Hay gave evidence and used video coverage of this incident. He said that on reaching the passing lane there was a gap between the marker line and “Stringy Bark” (1), and he was able to use this to get up on the inside of “Stringy Bark”. In doing so Mr Hay said that he brushed one marker, but did not go inside it. He agreed that he did go inside the next two markers.
--Mr Hay said that he was pushed inside the marker line when “Stringy Bark” moved inwards slightly after he had moved inside that horse. The driver of “Stringy Bark” had corrected this inwards movement quite promptly which had then allowed him to move back on to the track proper.
--After hearing the evidence we adjourned to consider our decision.
We were satisfied that the video coverage showed that “Stringy Bark” had moved in slightly (about 30cm) after “Mon Star” had moved inside it. We were also satisfied that it was this movement that had caused “Mon Star” to move inside the marker line. In terms of Rule 869(7B) this amounted to “interference”, and we decided that the protest should be dismissed.
On returning to the Enquiry Room we advised that a full written decision would be provided later, and we gave the following oral decision.
--“Having seen the video coverage, and having heard the evidence, we are satisfied that “Mon Star” did go inside the pylons for more than the 30 metres allowed by the Rules.
--However we accept that this was caused, in part, by interference by another horse and the protest is dismissed.”
--J. M. Phelan P. J. Rosanowski
CHAIR Committee Member
13936
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.7B
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6aa7a6fe2b93545bd960eab3253c3948
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f463b6f1f559f2389e49c96acd6dfb3d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/11/2009
meet_title: NZ Metro TC - 20 November 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC