NZ Metro TC 21 October 2011 – R 9 (instigating a protest)
ID: JCA16592
Meet Title:
NZ Metro TC - 21 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/21
Race Number:
R9
Decision:
The protest was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 9, Garrard’s Horse & Hound Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, alleging that REUBEN BROGDEN (A M Butt) or its driver, placed 2nd by the judge, interfered with the chances of MARILYN GOLIGHTLY (C J De Filippi), placed 14th by the judge. It was alleged that REUBEN BROGDEN shifted down the track when sufficient room did not exist causing interference to MARILYN GOLIGHTLY, CANNDEW (13th) and KUBLA KHAN (9th).
Mr Butt was present at the hearing of the information and he indicated that he represented the connections of REUBEN BROGDEN.
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 D J Butt, driver of KUBLA KHAN, which was racing 3-wide on the inside of REUBEN BROGDEN on the turn for home, said that his horse was getting tired and “running round a bit and ran out a little bit” on to REUBEN BROGDEN. He had left a “bit of a gap” for CANNDEW (T S Chmiel) to come through. He had been racing 3-wide but had gone 4-wide and it “got a bit tight”. When REUBEN BROGDEN went past, he had to go back in and the gap closed on Mr Chmiel, he said. His horse had run out and taken the line of REUBEN BROGDEN.
Mr T S Chmiel (CANNDEW) said that he was racing on the inside of Mr D J Butt. Mr Butt’s horse was getting tired and had run out. There was enough room for him to take a gap between Mr Butt and MARILYN GOLIGHTLY (C J De Filippi), which was stopping. He was in the gap when it tightened. He tried to get out but it was too late. His horse was just starting to get into contention and travelling all right, he said. If KUBLA KHAN had not moved out in the first place, there would have been no gap.
Mr C J De Filippi was driving MARILYN GOLIGHTLY which was racing on the inside of Mr Chmiel. He said that his horse had done “a bit of work in the running”, having been parked out from the 1200 metres, was starting to feel the pinch from the 400 metres and started to go back through the field. He locked wheels with Mr Chmiel which made things look worse.
Mr A M Butt said that he had been following KUBLA KHAN up 3-wide and had made his run 4-wide. That horse was racing greenly and ran out slightly. He submitted that there was never a full run for Mr Chmiel – that is to say, room for his horse and sulky. He had gone past KUBLA KHAN, 4-wide, and that horse had been running in and out. Mr D J Butt then angled his horse down. Mr Chmiel was behind KUBLA KHAN and, therefore, could not push him out, Mr Butt said. Mr Butt demonstrated, on the head-on video replay, that he was at all times 4-wide. He denied that he had shifted in and submitted that he had caused no interference at all.
Reasons for Decision:
The Committee had listened to the evidence of the parties to the protest and had carefully viewed the video replays. The allegation of the Stipendiary Stewards was that REUBEN BROGDEN had shifted down the track when sufficient room did not exist. That was the issue for the Committee to decide in determining whether or not that horse had interfered with the progress or chance of all or any of the runners named in the information. There was clearly an incident on the home turn involving KUBLA KHAN, CANNDEW and MARILYN GOLIGHTLY.
The direct cause of the incident on the home turn, in which three runners had been checked, was difficult to ascertain. Prior to the incident, KUBLA KHAN had, according to the evidence of Messrs Chmiel, D J Butt and A M Butt, been running about. CANNDEW had attempted to take a gap which was always going to be tight. MARILYN GOLIGHTLY was clearly giving ground and had locked wheels with CANNDEW. As stated, the Stewards alleged that the cause of the interference was REUBEN BROGDEN shifting in. Mr A M Butt submitted that he was, at all times, in a 4-wide position and had not moved down the track.
On the evidence, which was in some respects conflicting, the Committee could not be satisfied, on a balance of probabilities, that the interference had been caused by REUBEN BROGDEN, as alleged by the Stewards. There were clearly a number of factors at play, which resulted in the Committee not being satisfied.
In particular, the Committee found that the progress or chance of MARILYN GOLIGHTLY was not affected, in any event, as it was obvious that she was stopping at the turn and was not going to fill a dividend or stakes bearing placing in the race.
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: ca0a9a281d80dc9e4786eac51583330d
informantnumber: A1001
horsename: Reuben Brogden
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 11/10/2011
hearing_title: NZ Metro TC 21 October 2011 - R 9 (instigating a protest)
charge:
facts:
Following the running of Race 9, Garrard’s Horse & Hound Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, alleging that REUBEN BROGDEN (A M Butt) or its driver, placed 2nd by the judge, interfered with the chances of MARILYN GOLIGHTLY (C J De Filippi), placed 14th by the judge. It was alleged that REUBEN BROGDEN shifted down the track when sufficient room did not exist causing interference to MARILYN GOLIGHTLY, CANNDEW (13th) and KUBLA KHAN (9th).
Mr Butt was present at the hearing of the information and he indicated that he represented the connections of REUBEN BROGDEN.
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 D J Butt, driver of KUBLA KHAN, which was racing 3-wide on the inside of REUBEN BROGDEN on the turn for home, said that his horse was getting tired and “running round a bit and ran out a little bit” on to REUBEN BROGDEN. He had left a “bit of a gap” for CANNDEW (T S Chmiel) to come through. He had been racing 3-wide but had gone 4-wide and it “got a bit tight”. When REUBEN BROGDEN went past, he had to go back in and the gap closed on Mr Chmiel, he said. His horse had run out and taken the line of REUBEN BROGDEN.
Mr T S Chmiel (CANNDEW) said that he was racing on the inside of Mr D J Butt. Mr Butt’s horse was getting tired and had run out. There was enough room for him to take a gap between Mr Butt and MARILYN GOLIGHTLY (C J De Filippi), which was stopping. He was in the gap when it tightened. He tried to get out but it was too late. His horse was just starting to get into contention and travelling all right, he said. If KUBLA KHAN had not moved out in the first place, there would have been no gap.
Mr C J De Filippi was driving MARILYN GOLIGHTLY which was racing on the inside of Mr Chmiel. He said that his horse had done “a bit of work in the running”, having been parked out from the 1200 metres, was starting to feel the pinch from the 400 metres and started to go back through the field. He locked wheels with Mr Chmiel which made things look worse.
Mr A M Butt said that he had been following KUBLA KHAN up 3-wide and had made his run 4-wide. That horse was racing greenly and ran out slightly. He submitted that there was never a full run for Mr Chmiel – that is to say, room for his horse and sulky. He had gone past KUBLA KHAN, 4-wide, and that horse had been running in and out. Mr D J Butt then angled his horse down. Mr Chmiel was behind KUBLA KHAN and, therefore, could not push him out, Mr Butt said. Mr Butt demonstrated, on the head-on video replay, that he was at all times 4-wide. He denied that he had shifted in and submitted that he had caused no interference at all.
reasonsfordecision:
The Committee had listened to the evidence of the parties to the protest and had carefully viewed the video replays. The allegation of the Stipendiary Stewards was that REUBEN BROGDEN had shifted down the track when sufficient room did not exist. That was the issue for the Committee to decide in determining whether or not that horse had interfered with the progress or chance of all or any of the runners named in the information. There was clearly an incident on the home turn involving KUBLA KHAN, CANNDEW and MARILYN GOLIGHTLY.
The direct cause of the incident on the home turn, in which three runners had been checked, was difficult to ascertain. Prior to the incident, KUBLA KHAN had, according to the evidence of Messrs Chmiel, D J Butt and A M Butt, been running about. CANNDEW had attempted to take a gap which was always going to be tight. MARILYN GOLIGHTLY was clearly giving ground and had locked wheels with CANNDEW. As stated, the Stewards alleged that the cause of the interference was REUBEN BROGDEN shifting in. Mr A M Butt submitted that he was, at all times, in a 4-wide position and had not moved down the track.
On the evidence, which was in some respects conflicting, the Committee could not be satisfied, on a balance of probabilities, that the interference had been caused by REUBEN BROGDEN, as alleged by the Stewards. There were clearly a number of factors at play, which resulted in the Committee not being satisfied.
In particular, the Committee found that the progress or chance of MARILYN GOLIGHTLY was not affected, in any event, as it was obvious that she was stopping at the turn and was not going to fill a dividend or stakes bearing placing in the race.
Decision:
The protest was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8)
Informant: NG McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: TS Chmiel - Licensed Open Driver, CJ De Filippi - Licensed Open Horseman, DJ Butt - Driver of KUBLA KHAN
Respondent: AM Butt - Licensed Open Horseman
StipendSteward:
raceid: 5467eb29fe5367a56457eb00b30fc5f8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c7b40edfa9c325301df45f9ccd7b5cde
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/10/2011
meet_title: NZ Metro TC - 21 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC