NZ Metro TC 29 January 2016 – R 8 (instigating a protest) – Chair, Mr S Ching
ID: JCA15628
Meet Title:
NZ Metro TC - 29 January 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/01/29
Race Number:
R8
Decision:
The protest was upheld with amended result as follows.
1st CLASSIE BRIGADE (13)
2nd BUSTER BRADY (10)
3rd LUISANABELLE MIDFREW (7)
4th IMOLA (5)
5th DREAMY DAMIEN (12)
6th GUNPOWDER (6)
It was ordered that dividends and stakes be paid in accordance with that result.
Facts:
Following the running of Race 8, the (SBSR) Tuapeka Lodge, W&P Bain, R Nevill Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward Mr S Renault, alleging interference near the 2000m by 1st placed, BUSTER BRADY, driven by Mr B Orange, to DREAMY DAMIEN, driven by Mr C DeFilippi, which in turn caused CLASSIE BRIGADE, driven by Mr R May, to break and lose ground. The Judges placings in this race were as follows.
1st BUSTER BRADY (10)
2nd CLASSIE BRIGADE (13)
3rd LUISANABELLE MIDFREW (7)
4th IMOLA (5)
5th DREAMY DAMIEN (12)
6th GUNPOWDER (6)
The official margin between 1st and 2nd was a ½ head.
Rule 869A(2) provides as follows.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Mr B Orange represented the connections of BUSTER BRADY with Mr R May representing the connections of CLASSIE BRIGADE. Mr C DeFilippi, driver of DREAMY DAMIEN, was also present at the hearing.
Submissions for Decision:
Mr Renault gave evidence and showed the relevant films, with the assistance of Stipendiary Steward, Mr R Quirk, of the alleged interference which occurred near the 2000m when BUSTER BRADY, driven by Mr Orange, shifted out from a 2 wide position and as a result forced DREAMY DAMIEN, driven by Mr DeFilippi, wider on the track. In this incident, he said, the leg of DREAMY DAMIEN struck the sulky wheel of BUSTER BRADY causing DREAMY DAMIEN to break and go back in a break onto CLASSIE BRIGADE who also broke losing considerable ground.
The driver of DREAMY DAMIEN, Mr DeFilippi, gave evidence that he was on the wheel of BUSTER BRADY and improving forward when BUSTER BRADY came out in front of him forcing him wider with the leg of DREAMY DAMIEN striking the wheel or sulky of BUSTER BRADY and breaking.
Mr May gave evidence that he was unaware of what had happened ahead of him apart from DREAMY DAMIEN coming back on top of him causing CLASSIE BRIGADE to check and break. He said that he lost at least 40m in this incident but recovered and finished up in 2nd place a ½ head behind the winner BUSTER BRADY. He said it was a huge effort on CLASSIE BRIGADE’s account to recover and run on as he had.
Mr Orange gave evidence and stated the key point in this incident was that in his opinion he had not commenced to come out before Mr DeFilippi’s horse had struck his wheel. He said his horse had run out a touch but he was still in the 2 wide line when Mr DeFilippi’s horse had come out and struck his sulky wheel prior to him moving out. He reiterated that he had not commenced a full run out prior to DREAMY DAMIEN striking BUSTER BRADY’s wheel.
Mr Renault, in summary, stated that the Stewards believed that BUSTER BRADY had shifted out when not entitled to do so causing interference to DREAMY DAMIEN, who in turn went back onto CLASSIE BRIGADE. CLASSIE BRIGADE, he said, suffered significant resultant interference which cost it a considerable amount of ground and with the margin between 1st and 2nd being a ½ head, submitted that there was merit in the protest being upheld.
Reasons for Decision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that DREAMY DAMIEN had struck the wheel of BUSTER BRADY near the 2000m and broken going back onto CLASSIE BRIGADE who in turn broke losing considerable ground. The Committee was also satisfied after viewing the compelling replays available and hearing evidence from Mr DeFilippi found that Mr Orange had begun an outward movement after Mr DeFilippi had moved up on the outside of Mr Orange’s wheel causing the initial interference to DREAMY DAMIEN and resultant interference to CLASSIE BRIGADE. We also determined that after taking all factors into consideration including the degree of interference, the ground lost by CLASSIE BRIGADE and the margin at the end of the race that but for the interference caused by BUSTER BRADY, CLASSIE BRIGADE would have finished ahead of BUSTER BRADY.
The Committee therefore upheld the protest with 1st placed BUSTER BRADY being relegated to 2nd place.
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: bdb0a4e83c3591c67e18347413d00553
informantnumber: A1669
horsename: BUSTER BRADY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/02/2016
hearing_title: NZ Metro TC 29 January 2016 - R 8 (instigating a protest) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the (SBSR) Tuapeka Lodge, W&P Bain, R Nevill Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward Mr S Renault, alleging interference near the 2000m by 1st placed, BUSTER BRADY, driven by Mr B Orange, to DREAMY DAMIEN, driven by Mr C DeFilippi, which in turn caused CLASSIE BRIGADE, driven by Mr R May, to break and lose ground. The Judges placings in this race were as follows.
1st BUSTER BRADY (10)
2nd CLASSIE BRIGADE (13)
3rd LUISANABELLE MIDFREW (7)
4th IMOLA (5)
5th DREAMY DAMIEN (12)
6th GUNPOWDER (6)
The official margin between 1st and 2nd was a ½ head.
Rule 869A(2) provides as follows.
(2) When a placed horse or its driver causes interference to another placed horse and the Judicial Committee is satisfied that the horse interfered with would have finished ahead of that horse that, or whose driver, caused the interference the Judicial Committee must, in addition to any other penalty that may be imposed, place the horse that, or whose driver, caused the interference immediately after the horse interfered with.
Mr B Orange represented the connections of BUSTER BRADY with Mr R May representing the connections of CLASSIE BRIGADE. Mr C DeFilippi, driver of DREAMY DAMIEN, was also present at the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and showed the relevant films, with the assistance of Stipendiary Steward, Mr R Quirk, of the alleged interference which occurred near the 2000m when BUSTER BRADY, driven by Mr Orange, shifted out from a 2 wide position and as a result forced DREAMY DAMIEN, driven by Mr DeFilippi, wider on the track. In this incident, he said, the leg of DREAMY DAMIEN struck the sulky wheel of BUSTER BRADY causing DREAMY DAMIEN to break and go back in a break onto CLASSIE BRIGADE who also broke losing considerable ground.
The driver of DREAMY DAMIEN, Mr DeFilippi, gave evidence that he was on the wheel of BUSTER BRADY and improving forward when BUSTER BRADY came out in front of him forcing him wider with the leg of DREAMY DAMIEN striking the wheel or sulky of BUSTER BRADY and breaking.
Mr May gave evidence that he was unaware of what had happened ahead of him apart from DREAMY DAMIEN coming back on top of him causing CLASSIE BRIGADE to check and break. He said that he lost at least 40m in this incident but recovered and finished up in 2nd place a ½ head behind the winner BUSTER BRADY. He said it was a huge effort on CLASSIE BRIGADE’s account to recover and run on as he had.
Mr Orange gave evidence and stated the key point in this incident was that in his opinion he had not commenced to come out before Mr DeFilippi’s horse had struck his wheel. He said his horse had run out a touch but he was still in the 2 wide line when Mr DeFilippi’s horse had come out and struck his sulky wheel prior to him moving out. He reiterated that he had not commenced a full run out prior to DREAMY DAMIEN striking BUSTER BRADY’s wheel.
Mr Renault, in summary, stated that the Stewards believed that BUSTER BRADY had shifted out when not entitled to do so causing interference to DREAMY DAMIEN, who in turn went back onto CLASSIE BRIGADE. CLASSIE BRIGADE, he said, suffered significant resultant interference which cost it a considerable amount of ground and with the margin between 1st and 2nd being a ½ head, submitted that there was merit in the protest being upheld.
reasonsfordecision:
We carefully considered the evidence given and the video coverage of the incident. The Committee was satisfied that DREAMY DAMIEN had struck the wheel of BUSTER BRADY near the 2000m and broken going back onto CLASSIE BRIGADE who in turn broke losing considerable ground. The Committee was also satisfied after viewing the compelling replays available and hearing evidence from Mr DeFilippi found that Mr Orange had begun an outward movement after Mr DeFilippi had moved up on the outside of Mr Orange’s wheel causing the initial interference to DREAMY DAMIEN and resultant interference to CLASSIE BRIGADE. We also determined that after taking all factors into consideration including the degree of interference, the ground lost by CLASSIE BRIGADE and the margin at the end of the race that but for the interference caused by BUSTER BRADY, CLASSIE BRIGADE would have finished ahead of BUSTER BRADY.
The Committee therefore upheld the protest with 1st placed BUSTER BRADY being relegated to 2nd place.
Decision:
The protest was upheld with amended result as follows.
1st CLASSIE BRIGADE (13)
2nd BUSTER BRADY (10)
3rd LUISANABELLE MIDFREW (7)
4th IMOLA (5)
5th DREAMY DAMIEN (12)
6th GUNPOWDER (6)
It was ordered that dividends and stakes be paid in accordance with that result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(A) (2)
Informant: S Renault-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: R May-Open Horseman, C DeFilippi-Open Horseman
Respondent: B Orange-Open Horseman
StipendSteward:
raceid: 9a03718befcb5974a222796d33cd2146
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: f4a6fb3c3838a8799d7031a5514dcb9c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2016
meet_title: NZ Metro TC - 29 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: NZ Metro TC