NZ Metro TC 24 April 2014 – R 1 (instigating a protest)
ID: JCA13680
Meet Title:
NZ Metro TC - 24 April 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2014/04/24
Race Number:
R1
Decision:
The protest was dismissed.
It was ordered that dividends and stake monies be paid in accordance with the judge’s placings as above.
Facts:
Following the running of Race 1, Bishopdale & Bush Inn TAB’s & Tavern Harewood Amateur Drivers Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, on behalf of CABO WABO (R A Reekie), placed 7th by the judge, against SELESTER (S Blake), placed 3rd by the judge, on the grounds of “interference near the 700 metres when SELESTER struck the wheel of CABO WABO”.
Ms Blake was present at the hearing of the information, and she indicated that she was representing the connections of SELESTER at 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 placings were:
1st 7 Machs A Flyin
2nd 6 Jennalee
3rd 13 Selester
4th 8 Arden’s Attack
5th 5 Beaver Boy
The relevant margin between 4th and 7th was 7 lengths.
Submissions for Decision:
Mr Ydgren said that, with approximately 700 metres to run, SELESTER driven by Ms Blake had contacted the sulky wheel of CABO WABO, driven by Mr R A Reekie. Whilst the tyre did not come off the rim, Mr Ydgren said, the tyre did deflate.
Mr Ydgren had Co-Chief Stipendiary Steward, Mr N G McIntyre, highlight the two runners on side-on and head-on video replays. The two runners were racing in the clear towards the rear of the field. Mr Reekie then went to improve 3-wide and Ms Blake was on his back. He pointed out where there was contact by SELESTER to the sulky of CABO WABO. Mr Reekie could clearly be seen to look down, Mr McIntyre said. Mr Reekie had informed the Stewards that his inside tyre had deflated as a result of the contact.
Mr Reekie said that the initial point of contact had not resulted in the flat tyre but this had occurred some 30 to 40 metres later, when there was further contact. He had dragged a flat tyre for 500-600 metres, he said. Mr Reekie, in response to a question from the Committee, said that it was hard to assess whether he would have been “in the money” had he not suffered a flat tyre. He was unable to drive the horse out. The horse was travelling “good” at the time, Mr Reekie said. Mr Reekie conceded that, looking at the margins, it would be difficult to say that he would have been “in the money”.
Mr Ydgren produced evidence of the margins and it was agreed that the margin between 4th and 7th was 7 lengths.
Ms Blake said that when Mr Reekie first pulled out, she expected him to go forward faster that he did, so she did have to “contain” her horse. She admitted that her horse had struck Mr Reekie’s wheel. She said that Mr Reekie was racing wider and her horse kept attempting to take a gap inside him. She then restrained her horse and went around Mr Reekie.
Ms Blake said that she felt that the second contact was insignificant. She was not aware that Mr Reekie’s tyre had deflated. Her horse has a tendency to “drop off” rounding the home bend, she said, and she was keen to keep it on the back of Mr Reekie. She did not feel that Mr Reekie’s horse was travelling that well in front of her.
Reasons for Decision:
The first matter for the Committee to decide was whether SELESTER had caused interference to CABO WABO with approximately 700 metres to race when it contacted the sulky wheel and punctured the tyre of that runner. It was not disputed by Ms Blake that contact had been made or that Mr Reekie’s tyre had been punctured in the incident. The Committee was satisfied as to these matters and was satisfied that this amounted to interference.
Having found that interference had taken place, the Committee then had to be satisfied that the chances or progress of CABO WABO had been affected. Mr Reekie was not able to state with any assurance that the interference had cost his horse a chance of finishing in a dividend or stakes bearing placing – in this case, in the first four placings. The 7 lengths margin between 4th and 7th placings was a significant factor in the Committee’s finding that it was not satisfied that, but for the interference and the punctured tyre sustained as a result, CABO WABO would likely have finished in a dividend or stakes bearing placing. It is difficult to measure the effect of a punctured tyre but, it is fair to say, the shorter the distance over which a horse is required to pull the flat tyre the less likely it is that its chances will be affected. In this case, that distance was 600-700 metres. Mr Reekie, in his evidence, said 500-600 metres.
The Committee was not satisfied to the required standard that the chances or progress of CABO WABO had been affected by the interference received.
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: 577e405402ba1484e0bc5158e41cf24f
informantnumber: A6129
horsename: Selester
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 28/04/2014
hearing_title: NZ Metro TC 24 April 2014 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, Bishopdale & Bush Inn TAB’s & Tavern Harewood Amateur Drivers Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, on behalf of CABO WABO (R A Reekie), placed 7th by the judge, against SELESTER (S Blake), placed 3rd by the judge, on the grounds of “interference near the 700 metres when SELESTER struck the wheel of CABO WABO”.
Ms Blake was present at the hearing of the information, and she indicated that she was representing the connections of SELESTER at 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 placings were:
1st 7 Machs A Flyin
2nd 6 Jennalee
3rd 13 Selester
4th 8 Arden’s Attack
5th 5 Beaver Boy
The relevant margin between 4th and 7th was 7 lengths.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that, with approximately 700 metres to run, SELESTER driven by Ms Blake had contacted the sulky wheel of CABO WABO, driven by Mr R A Reekie. Whilst the tyre did not come off the rim, Mr Ydgren said, the tyre did deflate.
Mr Ydgren had Co-Chief Stipendiary Steward, Mr N G McIntyre, highlight the two runners on side-on and head-on video replays. The two runners were racing in the clear towards the rear of the field. Mr Reekie then went to improve 3-wide and Ms Blake was on his back. He pointed out where there was contact by SELESTER to the sulky of CABO WABO. Mr Reekie could clearly be seen to look down, Mr McIntyre said. Mr Reekie had informed the Stewards that his inside tyre had deflated as a result of the contact.
Mr Reekie said that the initial point of contact had not resulted in the flat tyre but this had occurred some 30 to 40 metres later, when there was further contact. He had dragged a flat tyre for 500-600 metres, he said. Mr Reekie, in response to a question from the Committee, said that it was hard to assess whether he would have been “in the money” had he not suffered a flat tyre. He was unable to drive the horse out. The horse was travelling “good” at the time, Mr Reekie said. Mr Reekie conceded that, looking at the margins, it would be difficult to say that he would have been “in the money”.
Mr Ydgren produced evidence of the margins and it was agreed that the margin between 4th and 7th was 7 lengths.
Ms Blake said that when Mr Reekie first pulled out, she expected him to go forward faster that he did, so she did have to “contain” her horse. She admitted that her horse had struck Mr Reekie’s wheel. She said that Mr Reekie was racing wider and her horse kept attempting to take a gap inside him. She then restrained her horse and went around Mr Reekie.
Ms Blake said that she felt that the second contact was insignificant. She was not aware that Mr Reekie’s tyre had deflated. Her horse has a tendency to “drop off” rounding the home bend, she said, and she was keen to keep it on the back of Mr Reekie. She did not feel that Mr Reekie’s horse was travelling that well in front of her.
reasonsfordecision:
The first matter for the Committee to decide was whether SELESTER had caused interference to CABO WABO with approximately 700 metres to race when it contacted the sulky wheel and punctured the tyre of that runner. It was not disputed by Ms Blake that contact had been made or that Mr Reekie’s tyre had been punctured in the incident. The Committee was satisfied as to these matters and was satisfied that this amounted to interference.
Having found that interference had taken place, the Committee then had to be satisfied that the chances or progress of CABO WABO had been affected. Mr Reekie was not able to state with any assurance that the interference had cost his horse a chance of finishing in a dividend or stakes bearing placing – in this case, in the first four placings. The 7 lengths margin between 4th and 7th placings was a significant factor in the Committee’s finding that it was not satisfied that, but for the interference and the punctured tyre sustained as a result, CABO WABO would likely have finished in a dividend or stakes bearing placing. It is difficult to measure the effect of a punctured tyre but, it is fair to say, the shorter the distance over which a horse is required to pull the flat tyre the less likely it is that its chances will be affected. In this case, that distance was 600-700 metres. Mr Reekie, in his evidence, said 500-600 metres.
The Committee was not satisfied to the required standard that the chances or progress of CABO WABO had been affected by the interference received.
Decision:
The protest was dismissed.
It was ordered that dividends and stake monies be paid in accordance with the judge’s placings as above.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: R A Reekie, Licensed Advance Amateur Driver
Respondent: S Blake, Licensed Advance Amateur Driver
StipendSteward:
raceid: 443802309ee21e5433c4e724c559b9aa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 106ce1a335aec9de0a97399e4af5e865
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/04/2014
meet_title: NZ Metro TC - 24 April 2014
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