NZ Metro TC 24 May 2011 – R 2 (Instigating a Protest)
ID: JCA12330
Meet Title:
NZ Metro TC - 24 May 2011
Meet Chair:
SChing
Meet Committee Member 1:
JPhelan
Race Date:
2011/05/24
Race Number:
R2
Decision:
Taking all the above matters into account we decided that this protest should be upheld. “Live And Triumph” was relegated from 3rd to 9th place behind “Holly Morgan”. The amended places are as follows:
1st-Berry Bromac (2)
2nd-Awholelotacourage (8)
3rd-Dufton Hanover (5)
4th-Yankee Connection (7)
5th-Shez No Ghost (3)
6th-Scarlett (10)
1st-Berry Bromac (2)
2nd-Awholelotacourage (8)
3rd-Dufton Hanover (5)
4th-Yankee Connection (7)
5th-Shez No Ghost (3)
6th-Scarlett (10)
Facts:
Following the running of Race 2, the Teltrac Communications Mobile Pace 2600m, an Information Instigating a Protest was filed by Stipendiary Steward Mr N.G. McIntyre alleging interference by “Live And Triumph” (4), driven by Mr K.G. Cameron, to “Holly Morgan” (16), driven by Mr S.F. Smolenski.
The Judges placings in this race were as follows:
1st-Berry Bromac (2)
2nd-Awholelotacourage (8)
3rd-Live And Triumph (4)
4th-Dufton Hanover (5)
5th-Yankee Connection (7)
6th-Shez No Ghost (3)
The Judges placings in this race were as follows:
1st-Berry Bromac (2)
2nd-Awholelotacourage (8)
3rd-Live And Triumph (4)
4th-Dufton Hanover (5)
5th-Yankee Connection (7)
6th-Shez No Ghost (3)
The Information reads as follows.
“This is a protest by horse number (12) placed 9th by the Judge against horse number (4) placed 3rd by the Judge on the grounds of interference that with approx. 1400m to run when “Live And Triumph(4)” ran out causing ”Holly Morgan(12)” to break with 1400m to run.”
Rule 869(8) provides as follows.
“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.
“This is a protest by horse number (12) placed 9th by the Judge against horse number (4) placed 3rd by the Judge on the grounds of interference that with approx. 1400m to run when “Live And Triumph(4)” ran out causing ”Holly Morgan(12)” to break with 1400m to run.”
Rule 869(8) provides as follows.
“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 connections of “Holly Morgan” were represented at this hearing by Mr S.F. Smolenski, the driver, and Mr K.G. Cameron, the driver of “Live And Triumph”, represented the interests of that horse. Mr K Cameron, as a junior driver, confirmed through Mr McIntyre that he did not require representation for himself. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Video coverage of this incident was shown to illustrate that shortly after entering the front straight with approximately 1400m to run “Holly Morgan” had broken and lost its chance. Mr N Ydgren pointed out where it appeared that “Live And Triumph” had shifted out and tightened “Holly Morgan” for room causing that horse to strike the wheel of “Live And Triumph” and break.
Mr McIntyre called Mr Smolenski, the driver of “Holly Morgan”, to give evidence. He said that he was tightened at about the 1400 metre mark when “Live And Triumph” shifted out and there was contact with “Live And Triumph’s”wheel.
Mr Cameron gave evidence. He said that “Live And Triumph” had been initially laying in on the bend into the straight but after entering the straight the horse began to lay out shifting outwards slightly. He also stated that he believed the runner on the outside of “Holly Morgan” had contributed to the tightening by shifting in at the time of the incident.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Holly Morgan” did break at about the 1400 metre mark. We were also satisfied that “Live And Triumph” shifted out near the 1400m and tightened “Holly Morgan” putting that horse in restricted room between runners eventually causing “Holly Morgan” to break after striking the wheel of “Live And Triumph”.
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: 4f11d9e66d8ce69c0a5d0fe2a61d5634
informantnumber: 14571
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 25/05/2011
hearing_title: NZ Metro TC 24 May 2011 - R 2 (Instigating a Protest)
charge:
facts:
Following the running of Race 2, the Teltrac Communications Mobile Pace 2600m, an Information Instigating a Protest was filed by Stipendiary Steward Mr N.G. McIntyre alleging interference by “Live And Triumph” (4), driven by Mr K.G. Cameron, to “Holly Morgan” (16), driven by Mr S.F. Smolenski.
The Judges placings in this race were as follows:
1st-Berry Bromac (2)
2nd-Awholelotacourage (8)
3rd-Live And Triumph (4)
4th-Dufton Hanover (5)
5th-Yankee Connection (7)
6th-Shez No Ghost (3)
The Judges placings in this race were as follows:
1st-Berry Bromac (2)
2nd-Awholelotacourage (8)
3rd-Live And Triumph (4)
4th-Dufton Hanover (5)
5th-Yankee Connection (7)
6th-Shez No Ghost (3)
The Information reads as follows.
“This is a protest by horse number (12) placed 9th by the Judge against horse number (4) placed 3rd by the Judge on the grounds of interference that with approx. 1400m to run when “Live And Triumph(4)” ran out causing ”Holly Morgan(12)” to break with 1400m to run.”
Rule 869(8) provides as follows.
“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.
“This is a protest by horse number (12) placed 9th by the Judge against horse number (4) placed 3rd by the Judge on the grounds of interference that with approx. 1400m to run when “Live And Triumph(4)” ran out causing ”Holly Morgan(12)” to break with 1400m to run.”
Rule 869(8) provides as follows.
“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 connections of “Holly Morgan” were represented at this hearing by Mr S.F. Smolenski, the driver, and Mr K.G. Cameron, the driver of “Live And Triumph”, represented the interests of that horse. Mr K Cameron, as a junior driver, confirmed through Mr McIntyre that he did not require representation for himself. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Video coverage of this incident was shown to illustrate that shortly after entering the front straight with approximately 1400m to run “Holly Morgan” had broken and lost its chance. Mr N Ydgren pointed out where it appeared that “Live And Triumph” had shifted out and tightened “Holly Morgan” for room causing that horse to strike the wheel of “Live And Triumph” and break.
Mr McIntyre called Mr Smolenski, the driver of “Holly Morgan”, to give evidence. He said that he was tightened at about the 1400 metre mark when “Live And Triumph” shifted out and there was contact with “Live And Triumph’s”wheel.
Mr Cameron gave evidence. He said that “Live And Triumph” had been initially laying in on the bend into the straight but after entering the straight the horse began to lay out shifting outwards slightly. He also stated that he believed the runner on the outside of “Holly Morgan” had contributed to the tightening by shifting in at the time of the incident.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that “Holly Morgan” did break at about the 1400 metre mark. We were also satisfied that “Live And Triumph” shifted out near the 1400m and tightened “Holly Morgan” putting that horse in restricted room between runners eventually causing “Holly Morgan” to break after striking the wheel of “Live And Triumph”.
Decision:
Taking all the above matters into account we decided that this protest should be upheld. “Live And Triumph” was relegated from 3rd to 9th place behind “Holly Morgan”. The amended places are as follows:
1st-Berry Bromac (2)
2nd-Awholelotacourage (8)
3rd-Dufton Hanover (5)
4th-Yankee Connection (7)
5th-Shez No Ghost (3)
6th-Scarlett (10)
1st-Berry Bromac (2)
2nd-Awholelotacourage (8)
3rd-Dufton Hanover (5)
4th-Yankee Connection (7)
5th-Shez No Ghost (3)
6th-Scarlett (10)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Smolenski - Open Horseman, Mr N Ydgren - Stipendiary Steward
Respondent: Mr K Cameron - Junior Horseman
StipendSteward:
raceid: 3324a023cbf770140cda2cbf4c864be0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 33efa8d6a30cf167276c4224cfcc8598
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/05/2011
meet_title: NZ Metro TC - 24 May 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC