NZ Metro TC 23 August 2013 – R 7 (instigating a protest)
ID: JCA17668
Meet Title:
NZ Metro TC - 23 August 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2013/08/23
Race Number:
R7
Decision:
The protest was dismissed and it was ordered that dividends and stakes be paid in accordance with the judge’s placings.
Facts:
Following the running of Race 7, Muscara Standardbreds Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against MASSIMO (M C Purvis) placed 1st by the judge, by EL FUEGO (N A Harris), placed 7th (last) by the judge, on the ground that MASSIMO “shifted EL FUEGO wider at the 1300 metres which has caused this horse to race wide for some distance”.
Mr Purvis was present at the hearing of the information (assisted by Licensed Open Driver, Mr G D Smith) and he indicated that he was representing the connections of MASSIMO at the protest hearing.
Also present at the hearing were Licensed Junior Driver, Miss N A Harris, and Licensed Open Driver, Mr A M Butt, assisting Miss Harris.
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 Renault had Stipendiary Steward, Mr N M Ydgren, show video replays of the incident with approximately 1300 metres to run. Mr Ydgren pointed out EL FUEGO, driven by Miss Harris, racing at the rear of the 7-horse field, which was racing in “Indian file”. In front of EL FUEGO was KOTARE MAHAL (J C E Thomas) and in front of that runner was MASSIMO, driven by Mr Purvis. Miss Harris then commenced a forward move and, as she reached the wheel of MASSIMO, the 2-wide line shifted away from the markers, following out TRUE SOUTH (S F Golding), which had been racing in 3rd position.
Mr Ydgren alleged that, by that time, Miss Harris had reached the wheel of MASSIMO and, in the Stewards’ view, had been forced to race 3-wide for some distance until reaching the parked position. Her horse had expended “considerable energy” in reaching that position, through having to race 3-wide round the bend.
Miss Harris told the hearing that it had been her intention to go round to the parked position. She said that she would have been able to get on the back of SKIPPY RASCAL (J E Trainor) in the two-out line had Mr Purvis not come out inside her. She believed that she was outside his wheel when he did shift out.
Mr Butt said that Miss Harris was the first one to move two-wide. As she progressed forward, the whole field came out to follow the first horse to make a move (TRUE SOUTH). Mr Butt submitted that it was a matter of whether it had been MASSIMO or KOTARE MAHAL that had pushed Miss Harris out.
In reply to a question from the Committee, Miss Harris said that she believed that her chances had been affected.
Mr Smith, on Mr Purvis’ behalf, pointed out that Miss Harris had said that she intended to go forward. The horses in front of her had come out, so she was going to have to make a 3-wide run in any event. Mr Smith, by reference to the side-on, head-on and rear-on video replays submitted that the whole field was out and, if the blame was to be attached to any horse, it was KOTARE MAHAL. He submitted that, before Miss Harris got to Mr Purvis’ wheel, she was already 3-wide.
Mr Smith also submitted that none of the runners was “trailing up true” but all were racing in “staggered” formation.
Mr Butt submitted that the whole field had followed each other out. However, he agreed that it was difficult to say whether it was Mr Purvis or Mr Thomas, on KOTARE MAHAL, who was to blame. He suggested that it was Mr Thomas at fault as he had the responsibility to drop back to the markers but, instead, he continued to follow the line out. The videos were inconclusive and it was “50/50”, Mr Butt suggested.
In conclusion, Mr Smith pointed out that EL FUEGO had finished last, 10.3 lengths from the winner. Its chances were not affected, he submitted.
Reasons for Decision:
The Committee had listened to the evidence and submissions of the parties and had carefully viewed the side-on, head-on and rear-on video replays that were shown to the hearing.
The principal issue for the Committee to determine was whether EL FUEGO had received interference from MASSIMO as a result of a breach of the pushout Rule with approximately 1300 metres to race. The Committee found that EL FUEGO was already racing 3-wide when it got to the wheel of MASSIMO – that is to say, MASSIMO was already racing in the 2-wide line when EL FUEGO got alongside its wheel. Therefore, it did not force EL FUEGO to race wider on the track. There was no breach of the pushout Rule and, therefore, no interference.
Having found that no interference took place, it was not necessary for the Committee to consider the matter of whether the chances or progress of EL FUEGO were affected as a result of racing 3-wide. It is unlikely that the Committee would have so found, having regard to the fact that EL FUEGO ended up in the parked position, where Miss Harris wanted to be, and eventually finished in last placing, more than 10 lengths from the winner.
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: de091d5f80915a97555ed8629a2d2cb5
informantnumber: A2420
horsename: Massimo
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/08/2013
hearing_title: NZ Metro TC 23 August 2013 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, Muscara Standardbreds Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against MASSIMO (M C Purvis) placed 1st by the judge, by EL FUEGO (N A Harris), placed 7th (last) by the judge, on the ground that MASSIMO “shifted EL FUEGO wider at the 1300 metres which has caused this horse to race wide for some distance”.
Mr Purvis was present at the hearing of the information (assisted by Licensed Open Driver, Mr G D Smith) and he indicated that he was representing the connections of MASSIMO at the protest hearing.
Also present at the hearing were Licensed Junior Driver, Miss N A Harris, and Licensed Open Driver, Mr A M Butt, assisting Miss Harris.
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 Renault had Stipendiary Steward, Mr N M Ydgren, show video replays of the incident with approximately 1300 metres to run. Mr Ydgren pointed out EL FUEGO, driven by Miss Harris, racing at the rear of the 7-horse field, which was racing in “Indian file”. In front of EL FUEGO was KOTARE MAHAL (J C E Thomas) and in front of that runner was MASSIMO, driven by Mr Purvis. Miss Harris then commenced a forward move and, as she reached the wheel of MASSIMO, the 2-wide line shifted away from the markers, following out TRUE SOUTH (S F Golding), which had been racing in 3rd position.
Mr Ydgren alleged that, by that time, Miss Harris had reached the wheel of MASSIMO and, in the Stewards’ view, had been forced to race 3-wide for some distance until reaching the parked position. Her horse had expended “considerable energy” in reaching that position, through having to race 3-wide round the bend.
Miss Harris told the hearing that it had been her intention to go round to the parked position. She said that she would have been able to get on the back of SKIPPY RASCAL (J E Trainor) in the two-out line had Mr Purvis not come out inside her. She believed that she was outside his wheel when he did shift out.
Mr Butt said that Miss Harris was the first one to move two-wide. As she progressed forward, the whole field came out to follow the first horse to make a move (TRUE SOUTH). Mr Butt submitted that it was a matter of whether it had been MASSIMO or KOTARE MAHAL that had pushed Miss Harris out.
In reply to a question from the Committee, Miss Harris said that she believed that her chances had been affected.
Mr Smith, on Mr Purvis’ behalf, pointed out that Miss Harris had said that she intended to go forward. The horses in front of her had come out, so she was going to have to make a 3-wide run in any event. Mr Smith, by reference to the side-on, head-on and rear-on video replays submitted that the whole field was out and, if the blame was to be attached to any horse, it was KOTARE MAHAL. He submitted that, before Miss Harris got to Mr Purvis’ wheel, she was already 3-wide.
Mr Smith also submitted that none of the runners was “trailing up true” but all were racing in “staggered” formation.
Mr Butt submitted that the whole field had followed each other out. However, he agreed that it was difficult to say whether it was Mr Purvis or Mr Thomas, on KOTARE MAHAL, who was to blame. He suggested that it was Mr Thomas at fault as he had the responsibility to drop back to the markers but, instead, he continued to follow the line out. The videos were inconclusive and it was “50/50”, Mr Butt suggested.
In conclusion, Mr Smith pointed out that EL FUEGO had finished last, 10.3 lengths from the winner. Its chances were not affected, he submitted.
reasonsfordecision:
The Committee had listened to the evidence and submissions of the parties and had carefully viewed the side-on, head-on and rear-on video replays that were shown to the hearing.
The principal issue for the Committee to determine was whether EL FUEGO had received interference from MASSIMO as a result of a breach of the pushout Rule with approximately 1300 metres to race. The Committee found that EL FUEGO was already racing 3-wide when it got to the wheel of MASSIMO – that is to say, MASSIMO was already racing in the 2-wide line when EL FUEGO got alongside its wheel. Therefore, it did not force EL FUEGO to race wider on the track. There was no breach of the pushout Rule and, therefore, no interference.
Having found that no interference took place, it was not necessary for the Committee to consider the matter of whether the chances or progress of EL FUEGO were affected as a result of racing 3-wide. It is unlikely that the Committee would have so found, having regard to the fact that EL FUEGO ended up in the parked position, where Miss Harris wanted to be, and eventually finished in last placing, more than 10 lengths from the winner.
Decision:
The protest was dismissed and it was ordered that dividends and stakes be paid in accordance with the judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: N A Harris, Licensed Junior Driver, A M Butt, Licensed Open Driver, G D Smith, Mr N M Ydgren - Stipendiary Steward
Respondent: M C Purvis, Licensed Junior Driver
StipendSteward:
raceid: 92b562b3e04858f6f6bc4dd34ae77035
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6133c852c9b6fe3e97698a0c45eb1cda
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/08/2013
meet_title: NZ Metro TC - 23 August 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