NZ Metro TC 22 June 2012 – R 8 (instigating a protest)
ID: JCA17477
Meet Title:
NZ Metro TC - 22 June 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2012/06/22
Race Number:
R8
Decision:
The protest was upheld and BRUTUS was relegated from 2nd to 4th placing. Consequent upon the relegation, the amended result for the race is as follows:
1st 12 Ginger Spice
2nd 10 Ratlock
3rd 1 Arden Torres
4th 2 Brutus
5th 7 Franco Envoy
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 8, The Tyre General Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by ARDEN TORRES (G R Payne), placed 4th by the judge, against BRUTUS (K M Barron), placed 2nd by the judge, on the grounds that “throughout the run home BRUTUS continued to shift inwards which has affected both the chances and progress of ARDEN TORRES”.
Mr K M Barron, trainer and driver of BRUTUS, was present at the hearing of the information and he indicated that he was representing the connections of that horse in the protest hearing.
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.
The judge’s official margins were a long head, 1½ lengths and ½ head. The relevant margin was the ½ head between 3rd and 4th.
Submissions for Decision:
Licensed Open Horseman, Mr A M Butt, had driven the winner of the race, GINGER SPICE. Mr Butt said that he was racing between BRUTUS and ARDEN TORRES. He had locked stays briefly with ARDEN TORRES early in the straight. BRUTUS then “shifted in marginally” which did not affect his horse, he said, as he was in front of ARDEN TORRES.
Mr McIntyre submitted that, while Mr Butt had not been affected as he went on to win the race, ARDEN TORRES had been affected. Mr Payne told the hearing that both horses had shifted down on him and he had been forced to stop driving. He said that BRUTUS and GINGER SPICE had him “beaten for sure”, but he said that he felt that he should have run 3rd. His chances of finishing 3rd had been affected, he said.
Mr McIntyre then showed head-on and side-on video replays of the final 200 metres of the race. He pointed out BRUTUS racing 3-wide on the outside of GINGER SPICE, with ARDEN TORRES on the inside of that runner. All three runners had a clear and unobstructed run to the finish when they entered the home straight, he submitted. He then pointed out BRUTUS shift inwards and get his sulky wheel inside Mr Butt’s sulky wheel. Mr Butt was “cramped for room” and drifted down onto Mr Payne. At that stage, Mr Barron had relieved the pressure on Mr Butt. However, the damage had been done to ARDEN TORRES as Mr Butt’s inside sulky wheel was clearly inside the outside wheel of that horse.
Further on, BRUTUS again shifted ground inwards and forced Mr Butt further down the track onto Mr Payne. Mr McIntyre pointed out on the video replay that Mr Payne was “in cramped quarters”. On the side-on video replay, Mr McIntyre pointed out that ARDEN TORRES was clearly running 3rd when Mr Payne was forced to take a hold of it. RATLOCK had got up for 3rd by a half head over ARDEN TORRES.
Mr Barron said that his horse had “stormed to the front” and then had run in. He had corrected him but, every time he tried to drive the horse out, it ran back in. He submitted that GINGER SPICE had received no interference and BRUTUS and GINGER SPICE both had ARDEN TORRES covered.
The Committee had the side-on video showed. Mr Payne agreed with the Committee that he was 1 to 1½ lengths ahead of RATLOCK at the point where he had to take a hold of his horse. Mr Barron acknowledged that Mr Payne had to restrain his horse. Mr Barron submitted that having to correct his own horse more than once had probably cost him the race.
Mr McIntyre told the Committee that the Stewards were seeking relegation of BRUTUS behind ARDEN TORRES.
Reasons for Decision:
The Committee, to uphold the protest, needed to be satisfied, firstly, that BRUTUS had caused interference to ARDEN TORRES and, secondly, that such interference had affected the chances or progress of the latter.
The Committee found that BRUTUS had caused interference to ARDEN TORRES when it drifted down the track on at least two occasions in the final 200-300 metres of the race and, in doing so, forced GINGER SPICE to place pressure on ARDEN TORRES which was racing on the inside of GINGER SPICE. The pressure on ARDEN TORRES was such that, in the final stages, Mr Payne was forced to stop driving and take a hold of his horse when it ran out of room.
At the stage of the race where Mr Payne was forced to take a hold, ARDEN TORRES was running in clear 3rd placing and, the Committee was satisfied, would have held that placing had Mr Payne not been forced to restrain. The chances or progress of ARDEN TORRES were, in those circumstances, clearly affected.
The margin of a ½ head between 3rd and 4th was a significant factor in the Committee’s decision to uphold the protest.
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: e8a6f61334b3cae962c63dbc58d3e512
informantnumber: A5265
horsename: Brutus
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 15/06/2012
hearing_title: NZ Metro TC 22 June 2012 - R 8 (instigating a protest)
charge:
facts:
Following the running of Race 8, The Tyre General Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, by ARDEN TORRES (G R Payne), placed 4th by the judge, against BRUTUS (K M Barron), placed 2nd by the judge, on the grounds that “throughout the run home BRUTUS continued to shift inwards which has affected both the chances and progress of ARDEN TORRES”.
Mr K M Barron, trainer and driver of BRUTUS, was present at the hearing of the information and he indicated that he was representing the connections of that horse in the protest hearing.
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.
The judge’s official margins were a long head, 1½ lengths and ½ head. The relevant margin was the ½ head between 3rd and 4th.
appealdecision:
isappeal:
submissionsfordecision:
Licensed Open Horseman, Mr A M Butt, had driven the winner of the race, GINGER SPICE. Mr Butt said that he was racing between BRUTUS and ARDEN TORRES. He had locked stays briefly with ARDEN TORRES early in the straight. BRUTUS then “shifted in marginally” which did not affect his horse, he said, as he was in front of ARDEN TORRES.
Mr McIntyre submitted that, while Mr Butt had not been affected as he went on to win the race, ARDEN TORRES had been affected. Mr Payne told the hearing that both horses had shifted down on him and he had been forced to stop driving. He said that BRUTUS and GINGER SPICE had him “beaten for sure”, but he said that he felt that he should have run 3rd. His chances of finishing 3rd had been affected, he said.
Mr McIntyre then showed head-on and side-on video replays of the final 200 metres of the race. He pointed out BRUTUS racing 3-wide on the outside of GINGER SPICE, with ARDEN TORRES on the inside of that runner. All three runners had a clear and unobstructed run to the finish when they entered the home straight, he submitted. He then pointed out BRUTUS shift inwards and get his sulky wheel inside Mr Butt’s sulky wheel. Mr Butt was “cramped for room” and drifted down onto Mr Payne. At that stage, Mr Barron had relieved the pressure on Mr Butt. However, the damage had been done to ARDEN TORRES as Mr Butt’s inside sulky wheel was clearly inside the outside wheel of that horse.
Further on, BRUTUS again shifted ground inwards and forced Mr Butt further down the track onto Mr Payne. Mr McIntyre pointed out on the video replay that Mr Payne was “in cramped quarters”. On the side-on video replay, Mr McIntyre pointed out that ARDEN TORRES was clearly running 3rd when Mr Payne was forced to take a hold of it. RATLOCK had got up for 3rd by a half head over ARDEN TORRES.
Mr Barron said that his horse had “stormed to the front” and then had run in. He had corrected him but, every time he tried to drive the horse out, it ran back in. He submitted that GINGER SPICE had received no interference and BRUTUS and GINGER SPICE both had ARDEN TORRES covered.
The Committee had the side-on video showed. Mr Payne agreed with the Committee that he was 1 to 1½ lengths ahead of RATLOCK at the point where he had to take a hold of his horse. Mr Barron acknowledged that Mr Payne had to restrain his horse. Mr Barron submitted that having to correct his own horse more than once had probably cost him the race.
Mr McIntyre told the Committee that the Stewards were seeking relegation of BRUTUS behind ARDEN TORRES.
reasonsfordecision:
The Committee, to uphold the protest, needed to be satisfied, firstly, that BRUTUS had caused interference to ARDEN TORRES and, secondly, that such interference had affected the chances or progress of the latter.
The Committee found that BRUTUS had caused interference to ARDEN TORRES when it drifted down the track on at least two occasions in the final 200-300 metres of the race and, in doing so, forced GINGER SPICE to place pressure on ARDEN TORRES which was racing on the inside of GINGER SPICE. The pressure on ARDEN TORRES was such that, in the final stages, Mr Payne was forced to stop driving and take a hold of his horse when it ran out of room.
At the stage of the race where Mr Payne was forced to take a hold, ARDEN TORRES was running in clear 3rd placing and, the Committee was satisfied, would have held that placing had Mr Payne not been forced to restrain. The chances or progress of ARDEN TORRES were, in those circumstances, clearly affected.
The margin of a ½ head between 3rd and 4th was a significant factor in the Committee’s decision to uphold the protest.
Decision:
The protest was upheld and BRUTUS was relegated from 2nd to 4th placing. Consequent upon the relegation, the amended result for the race is as follows:
1st 12 Ginger Spice
2nd 10 Ratlock
3rd 1 Arden Torres
4th 2 Brutus
5th 7 Franco Envoy
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: G R Payne, Licensed Open Horseman, A M Butt
Respondent: K M Barron, Licensed Public Trainer/Open Horseman
StipendSteward:
raceid: a2900ab22652a0dc9085304ba0439876
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: 6ad004c214132e659997775b2a52b473
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/06/2012
meet_title: NZ Metro TC - 22 June 2012
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