NZ Metro TC – 28 June 2011 (instigating a protest)
ID: JCA16063
Meet Title:
NZ Metro TC - 28 June 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
PRosanowski
Race Date:
2011/06/28
Race Number:
R1
Decision:
The protest was upheld and the amended places were as follows.
1st – Sudon Speed (5)
2nd – Seeker Dhu (15)
3rd – Lord Nelson (6)
4th – Thunder Maker (8)
5th – St Petersburg (1)
6th – Armbro Lustre (9)
Facts:
Following the running of Race 1, the CRT Mobile Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging interference by “Tuinfro” (11), driven by Mr D. G. Burrows, to “Midfrew Medusa” (12), driven by Mr J. R. Dunn.
The Judges placings in this race were as follows.
1st – Sudon Speed (5)
2nd – Seeker Dhu (15)
3rd – Tuinfro (11)
4th – Lord Nelson (6)
5th – Thunder Maker (8)
6th – St Petersburg (1)
The Information reads as follows.
“This is a protest by horse number (12) placed 13th by the Judge against horse number (11) placed 3rd by the Judge on the grounds of interference to horse number (12) approaching the 1000m.”
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.”
Mr D. G. Burrows is the trainer, driver and part owner of “Tuinfro”, and he represented the interests of that horse. Mr J. R. Dunn, the driver of “Midfrew Medusa”, represented the interests of that horse. 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 back straight for the final time “Tuinfro” was racing on the marker line with “Midfrew Medusa” on its outside, and “St Petersburg” three wide and making a forward move. Mr Ydgren gave evidence that Mr Burrows had moved outwards with “Tuinfro” moving “Midfrew Medusa” wider. However “Midfrew Medusa” had “St Petersburg” on its outside and therefore nowhere to go, with the result that there was contact between these two horses, and “Midfrew Medusa” broke and lost its chance.
Mr J. R. Dunn, the driver of “Midfrew Medusa”, gave evidence confirming what had happened.
Mr Burrows gave evidence and he did not dispute the evidence of the Stipendiary Stewards and Mr Dunn. Mr Burrows was asked if he contested the protest and he said that he did not.
Reasons for Decision:
As the protest was not contested it was upheld with “Tuinfro” being relegated to 13th place behind “Midfrew Medusa”.
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: b6b924dd0fce689b9eb190e4ba13331d
informantnumber: 14572
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 23/06/2011
hearing_title: NZ Metro TC - 28 June 2011 (instigating a protest)
charge:
facts:
Following the running of Race 1, the CRT Mobile Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging interference by “Tuinfro” (11), driven by Mr D. G. Burrows, to “Midfrew Medusa” (12), driven by Mr J. R. Dunn.
The Judges placings in this race were as follows.
1st – Sudon Speed (5)
2nd – Seeker Dhu (15)
3rd – Tuinfro (11)
4th – Lord Nelson (6)
5th – Thunder Maker (8)
6th – St Petersburg (1)
The Information reads as follows.
“This is a protest by horse number (12) placed 13th by the Judge against horse number (11) placed 3rd by the Judge on the grounds of interference to horse number (12) approaching the 1000m.”
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.”
Mr D. G. Burrows is the trainer, driver and part owner of “Tuinfro”, and he represented the interests of that horse. Mr J. R. Dunn, the driver of “Midfrew Medusa”, represented the interests of that horse. 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 back straight for the final time “Tuinfro” was racing on the marker line with “Midfrew Medusa” on its outside, and “St Petersburg” three wide and making a forward move. Mr Ydgren gave evidence that Mr Burrows had moved outwards with “Tuinfro” moving “Midfrew Medusa” wider. However “Midfrew Medusa” had “St Petersburg” on its outside and therefore nowhere to go, with the result that there was contact between these two horses, and “Midfrew Medusa” broke and lost its chance.
Mr J. R. Dunn, the driver of “Midfrew Medusa”, gave evidence confirming what had happened.
Mr Burrows gave evidence and he did not dispute the evidence of the Stipendiary Stewards and Mr Dunn. Mr Burrows was asked if he contested the protest and he said that he did not.
reasonsfordecision:
As the protest was not contested it was upheld with “Tuinfro” being relegated to 13th place behind “Midfrew Medusa”.
Decision:
The protest was upheld and the amended places were as follows.
1st – Sudon Speed (5)
2nd – Seeker Dhu (15)
3rd – Lord Nelson (6)
4th – Thunder Maker (8)
5th – St Petersburg (1)
6th – Armbro Lustre (9)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J. R. Dunn - Open Horseman
Respondent: Mr D. G. Burrows - Open Horseman
StipendSteward:
raceid: e7de78f8ee7092c142b492b4f7bbc495
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: 14a4a33c3fcf2c16e6a7e9c0aefb5785
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/06/2011
meet_title: NZ Metro TC - 28 June 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: PRosanowski
meet_pm2: none
name: NZ Metro TC