NZ Metro TC 24 July 2015 – R 8 (instigating a protest) – Chair, Mr S Ching
ID: JCA16367
Meet Title:
NZ Metro TC - 24 July 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/07/24
Race Number:
R8
Decision:
The protest was dismissed with the judges placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 8, the Christian Cullen Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, alleging that LUCKY THREE, driven by Mr H Hunter, started from an incorrect barrier position.
The Judges' placings in this race were as follows.
1st - WATTLEBANK FLYER (1)
2nd - EASY RIDER (8)
3rd - TETRICK (3)
4th - LUCKY THREE (10)
5th - LIVE TO TELL (6)
6th - SIMPLY FUN (4)
Rule 862(2) reads as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
Rule 1003(2) reads as follows:
(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race;
Submissions for Decision:
Mr Ydgren gave evidence and showed the relevant films, with the assistance of Stipendiary Steward, Mr S Wallis, of the 1950m mobile start. He pointed out LUCKY THREE, driven by Mr Hunter, in the score up to the start, on the second line in the two wide position. Mr Ydgren stated that LUCKY THREE had drawn one on the second line with no other horses outside him apart from one on the unruly. He said the video films clearly showed that the horse started in the incorrect position of two on the second line. Mr Ydgren submitted that the issue that the Stewards had, was that had Mr Hunter started in the correct position, would he have been able to obtain the position one off the pylons throughout the running. He said that Mr Hunter had followed Mr DeFilippi, who had drawn two on the front line, through, and gained the one-one position over the early stages. The question is, he said, had Mr Hunter started in his correct position behind Mr Orange, who had drawn one on the front line, would he have been able to shift out and take up the position behind Mr DeFilippi, in the early stages, as he was would have been positioned inside Mr DeFilippi’s wheel shortly after the start was made.
Mr Ydgren stated it was possible to consider that, had Mr Hunter started in his correct position it may have been possible for him to shift out immediately after the start was made and get onto the back of Mr DeFilippi, and obtain that run anyway. Mr Ydgren stated that Mr Hunter had stayed in the same position for the entire event and was held up on the home turn, having to shift ground in the final stages to find clear running. He said that the horse that followed Mr Orange during the running had finished up with a better run than Mr Hunter.
Mr Ydgren submitted that when looking at the whole race, had Mr Hunter followed Mr Orange for the entire event, he would have been two lengths ahead of where he ended up at the 200m and would have gained a clear run over the final stages. He said the run Mr Hunter took, held him up around the final bend and he had to shift ground to find clear running.
Mr Ydgren submitted that the question for the Committee was, did LUCKY THREE gain an advantage by starting in the incorrect barrier position.
Mr Hunter stated he did not want LUCKY THREE anywhere near the pylons during the running and stated he would have ”hung back anyway” had he not followed Mr DeFilippi up over the early stages. He said the horse was ok on the outside not good on the inside and was concerned that LUCKY THREE may overrace, shift in and go over the pylons if he got too close to them. He thought he was half carting but realised after seeing the films that he was in the two out position. Mr Hunter believed he did not gain an advantage and it would have been more advantageous to follow Mr Orange if he could have kept him in there.
Reasons for Decision:
We carefully considered the evidence presented and the video coverage of the incident. The Committee was satisfied that LUCKY THREE had started on the second line in the two wide position, not the one wide position as he had drawn.
In the case of a protest brought under Rule 862(2), the Committee believes it has a discretion as to whether the horse should be disqualified under Rule 1003(2). Having found that LUCKY THREE started in the incorrect barrier position, the test of whether disqualification is appropriate is, essentially, whether that horse has gained an advantage.
Applying that test to this case, the Committee is satisfied that LUCKY THREE may have initially appeared to have gained an advantage over the early stages when following Mr DeFilippi and during the running of the race. The Committee found however, that had LUCKY THREE started in the correct position, Mr Hunter would still have had the option, at the start, to shift out and take up a position behind Mr DeFilippi, as there were no horses drawn outside him. We also found that, when taking the whole race into perspective, any perceived advantage gained by LUCKY THREE, was neutralised when he was held up around the home turn and had to shift ground to find clear running. The Committee determined that, had Mr Hunter followed Mr Orange during the running he would have been advantaged by at least 2 lengths at the 200m and received clear running over the final stages.
Therefore, the Committee was satisfied that no advantage had been gained by LUCKY THREE as a result of starting from the incorrect barrier position. Accordingly, the Committee exercised its discretion not to disqualify that horse.
Taking all the above matters into account we determined that this protest should be dismissed.
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: aa744518b22e050c0f208fcbb24a0685
informantnumber: A1491
horsename: LUCKY THREE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 29/07/2015
hearing_title: NZ Metro TC 24 July 2015 - R 8 (instigating a protest) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Christian Cullen Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, alleging that LUCKY THREE, driven by Mr H Hunter, started from an incorrect barrier position.
The Judges' placings in this race were as follows.
1st - WATTLEBANK FLYER (1)
2nd - EASY RIDER (8)
3rd - TETRICK (3)
4th - LUCKY THREE (10)
5th - LIVE TO TELL (6)
6th - SIMPLY FUN (4)
Rule 862(2) reads as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
Rule 1003(2) reads as follows:
(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race;
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and showed the relevant films, with the assistance of Stipendiary Steward, Mr S Wallis, of the 1950m mobile start. He pointed out LUCKY THREE, driven by Mr Hunter, in the score up to the start, on the second line in the two wide position. Mr Ydgren stated that LUCKY THREE had drawn one on the second line with no other horses outside him apart from one on the unruly. He said the video films clearly showed that the horse started in the incorrect position of two on the second line. Mr Ydgren submitted that the issue that the Stewards had, was that had Mr Hunter started in the correct position, would he have been able to obtain the position one off the pylons throughout the running. He said that Mr Hunter had followed Mr DeFilippi, who had drawn two on the front line, through, and gained the one-one position over the early stages. The question is, he said, had Mr Hunter started in his correct position behind Mr Orange, who had drawn one on the front line, would he have been able to shift out and take up the position behind Mr DeFilippi, in the early stages, as he was would have been positioned inside Mr DeFilippi’s wheel shortly after the start was made.
Mr Ydgren stated it was possible to consider that, had Mr Hunter started in his correct position it may have been possible for him to shift out immediately after the start was made and get onto the back of Mr DeFilippi, and obtain that run anyway. Mr Ydgren stated that Mr Hunter had stayed in the same position for the entire event and was held up on the home turn, having to shift ground in the final stages to find clear running. He said that the horse that followed Mr Orange during the running had finished up with a better run than Mr Hunter.
Mr Ydgren submitted that when looking at the whole race, had Mr Hunter followed Mr Orange for the entire event, he would have been two lengths ahead of where he ended up at the 200m and would have gained a clear run over the final stages. He said the run Mr Hunter took, held him up around the final bend and he had to shift ground to find clear running.
Mr Ydgren submitted that the question for the Committee was, did LUCKY THREE gain an advantage by starting in the incorrect barrier position.
Mr Hunter stated he did not want LUCKY THREE anywhere near the pylons during the running and stated he would have ”hung back anyway” had he not followed Mr DeFilippi up over the early stages. He said the horse was ok on the outside not good on the inside and was concerned that LUCKY THREE may overrace, shift in and go over the pylons if he got too close to them. He thought he was half carting but realised after seeing the films that he was in the two out position. Mr Hunter believed he did not gain an advantage and it would have been more advantageous to follow Mr Orange if he could have kept him in there.
reasonsfordecision:
We carefully considered the evidence presented and the video coverage of the incident. The Committee was satisfied that LUCKY THREE had started on the second line in the two wide position, not the one wide position as he had drawn.
In the case of a protest brought under Rule 862(2), the Committee believes it has a discretion as to whether the horse should be disqualified under Rule 1003(2). Having found that LUCKY THREE started in the incorrect barrier position, the test of whether disqualification is appropriate is, essentially, whether that horse has gained an advantage.
Applying that test to this case, the Committee is satisfied that LUCKY THREE may have initially appeared to have gained an advantage over the early stages when following Mr DeFilippi and during the running of the race. The Committee found however, that had LUCKY THREE started in the correct position, Mr Hunter would still have had the option, at the start, to shift out and take up a position behind Mr DeFilippi, as there were no horses drawn outside him. We also found that, when taking the whole race into perspective, any perceived advantage gained by LUCKY THREE, was neutralised when he was held up around the home turn and had to shift ground to find clear running. The Committee determined that, had Mr Hunter followed Mr Orange during the running he would have been advantaged by at least 2 lengths at the 200m and received clear running over the final stages.
Therefore, the Committee was satisfied that no advantage had been gained by LUCKY THREE as a result of starting from the incorrect barrier position. Accordingly, the Committee exercised its discretion not to disqualify that horse.
Taking all the above matters into account we determined that this protest should be dismissed.
Decision:
The protest was dismissed with the judges placings confirmed.
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 862 (2)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Wallace - Stipendiary Steward
Respondent: J H Hunter-Open Horseman
StipendSteward:
raceid: 9a98d138b2e86a5b0770c6db89627c34
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: a75f42ef89ce684bac3da99b2ac87c95
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/07/2015
meet_title: NZ Metro TC - 24 July 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC