NZ Metro TC – 29 October 2011 – R 2 (instigating a protest)
ID: JCA12170
Meet Title:
NZ Metro TC - 29 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JMillar
Race Date:
2011/10/29
Race Number:
R2
Decision:
The protest was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 2, Air New Zealand Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, by MR PRESLEY (T Williamson), placed 12th by the judge, against TEN DIAMONDS (T M Williams) placed 1st by the judge, alleging that, “passing the 900 metres Tim Williams allowed TEN DIAMONDS to shift in when not clear of MR PRESLEY which was checked and broke”.
Mr T M Williams was present at the hearing of the information as was Mr B J Hill, trainer of TEN DIAMONDS.
Mr D J Butt, Licensed Open Horseman, was also present at the hearing in support of Licensed Junior Horseman, Mr T Williamson.
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.
Submissions for Decision:
Mr Ydgren said that the Stewards were alleging that, at about the 900 metres, Mr Williams, who had shifted to 3-wide and was improving forward to take the lead, in crossing to the parked position had “broken MR PRESLEY from its gait” and, as a result, MR PRESLEY had broken and lost all chance.
Mr A L Ray, Stipendiary Steward, showed video replays from all available angles of the incident with approximately 900 metres to run. He pointed out TEN DIAMONDS improving 3-wide and MR PRESLEY racing outside the leader. As TEN DIAMONDS improved past MR PRESLEY, he shifted down the track and, Mr Ray alleged, crowded MR PRESLEY for room which was checked and galloped. TEN DIAMONDS eventually made the lead.
Mr T Williamson, driver of MR PRESLEY, said that MR PRESLEY had got a “wee bit crowded” and went off stride. He said that he believed that Mr Williams’ sulky wheel had contacted the off front leg of MR PRESLEY.
Mr D J Butt, co-trainer of MR PRESLEY said that MR PRESLEY has been ‘a little bit funny” on a couple of previous occasions and has broken before for “not a lot of reason”.
Mr Williams said that he had improved 3-wide and was heading for the parked position. He said that he had felt no contact and had not been asked for room by Mr Williamson. Racing at speed in tight quarters, MR PRESLEY had “gone a wee bit rough” and that horse had gone off stride as he had “eased” past it, he said. He submitted that MR PRESLEY had galloped in a race previously in tight racing conditions.
Mr Hill stated that MR PRESLEY had been wearing half blinds and a murphy blind and may have just “panicked a bit”, even in the absence of any contact. He submitted that MR PRESLEY had “taken fright’ when TEN DIAMONDS came round and “jumped out of it”. The horses were travelling at high speed on a bend.
Mr Ydgren questioned Mr Williams as to why the horses were racing in tight quarters. Mr Williams replied that the horses were duelling for position which was the nature of racing. Mr Williams maintained that he was 3-wide and denied that he was moving in. He believed he had given himself plenty of room.
Mr Williams repeated that he had neither heard nor felt any contact and, he pointed out, he did not look down at any stage.
Reasons for Decision:
The first issue for the Committee to decide was whether there had been interference to MR PRESLEY by TEN DIAMONDS with approximately 900 metres to run, as alleged and then, if so, the second issue was whether the chances or progress of MR PRESLEY were affected.
MR PRESLEY broke at that point of the race as TEN DIAMONDS was crossing from a 3-wide position to the parked position outside the leader. Mr Williamson said that he believed that there had been contact but Mr Williams, on the other hand, was quite adamant that there had been no contact. This was a stark conflict of evidence that it was difficult for the Committee to resolve. The video evidence did not assist the Committee, although no contact was apparent from the videos which tended it to favour the evidence of Mr Williams.
The reason for MR PRESLEY galloping could not be pinpointed but the Committee did not believe that it received any tightening to the extent that it was forced into a gallop. It was significant that Mr D J Butt, who was supporting Mr Williamson, and is the co-trainer of MR PRESLEY, stated that that the horse had unaccountably broken previously in its races.
On the evidence before us, this Committee could not be satisfied to the required standard that the breaking of MR PRESLEY with approximately 900 metres to run was the result of any interference from TEN DIAMONDS.
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: 3af1e01cde0492951f00f92baffcb63d
informantnumber: A5310
horsename: TEN DIAMONDS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/10/2011
hearing_title: NZ Metro TC - 29 October 2011 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, Air New Zealand Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, by MR PRESLEY (T Williamson), placed 12th by the judge, against TEN DIAMONDS (T M Williams) placed 1st by the judge, alleging that, “passing the 900 metres Tim Williams allowed TEN DIAMONDS to shift in when not clear of MR PRESLEY which was checked and broke”.
Mr T M Williams was present at the hearing of the information as was Mr B J Hill, trainer of TEN DIAMONDS.
Mr D J Butt, Licensed Open Horseman, was also present at the hearing in support of Licensed Junior Horseman, Mr T Williamson.
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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that the Stewards were alleging that, at about the 900 metres, Mr Williams, who had shifted to 3-wide and was improving forward to take the lead, in crossing to the parked position had “broken MR PRESLEY from its gait” and, as a result, MR PRESLEY had broken and lost all chance.
Mr A L Ray, Stipendiary Steward, showed video replays from all available angles of the incident with approximately 900 metres to run. He pointed out TEN DIAMONDS improving 3-wide and MR PRESLEY racing outside the leader. As TEN DIAMONDS improved past MR PRESLEY, he shifted down the track and, Mr Ray alleged, crowded MR PRESLEY for room which was checked and galloped. TEN DIAMONDS eventually made the lead.
Mr T Williamson, driver of MR PRESLEY, said that MR PRESLEY had got a “wee bit crowded” and went off stride. He said that he believed that Mr Williams’ sulky wheel had contacted the off front leg of MR PRESLEY.
Mr D J Butt, co-trainer of MR PRESLEY said that MR PRESLEY has been ‘a little bit funny” on a couple of previous occasions and has broken before for “not a lot of reason”.
Mr Williams said that he had improved 3-wide and was heading for the parked position. He said that he had felt no contact and had not been asked for room by Mr Williamson. Racing at speed in tight quarters, MR PRESLEY had “gone a wee bit rough” and that horse had gone off stride as he had “eased” past it, he said. He submitted that MR PRESLEY had galloped in a race previously in tight racing conditions.
Mr Hill stated that MR PRESLEY had been wearing half blinds and a murphy blind and may have just “panicked a bit”, even in the absence of any contact. He submitted that MR PRESLEY had “taken fright’ when TEN DIAMONDS came round and “jumped out of it”. The horses were travelling at high speed on a bend.
Mr Ydgren questioned Mr Williams as to why the horses were racing in tight quarters. Mr Williams replied that the horses were duelling for position which was the nature of racing. Mr Williams maintained that he was 3-wide and denied that he was moving in. He believed he had given himself plenty of room.
Mr Williams repeated that he had neither heard nor felt any contact and, he pointed out, he did not look down at any stage.
reasonsfordecision:
The first issue for the Committee to decide was whether there had been interference to MR PRESLEY by TEN DIAMONDS with approximately 900 metres to run, as alleged and then, if so, the second issue was whether the chances or progress of MR PRESLEY were affected.
MR PRESLEY broke at that point of the race as TEN DIAMONDS was crossing from a 3-wide position to the parked position outside the leader. Mr Williamson said that he believed that there had been contact but Mr Williams, on the other hand, was quite adamant that there had been no contact. This was a stark conflict of evidence that it was difficult for the Committee to resolve. The video evidence did not assist the Committee, although no contact was apparent from the videos which tended it to favour the evidence of Mr Williams.
The reason for MR PRESLEY galloping could not be pinpointed but the Committee did not believe that it received any tightening to the extent that it was forced into a gallop. It was significant that Mr D J Butt, who was supporting Mr Williamson, and is the co-trainer of MR PRESLEY, stated that that the horse had unaccountably broken previously in its races.
On the evidence before us, this Committee could not be satisfied to the required standard that the breaking of MR PRESLEY with approximately 900 metres to run was the result of any interference from TEN DIAMONDS.
Decision:
The protest was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8)
Informant: NM Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: BJ Hill - Licensed Public Trainer, T Williamson - Licensed Junior Horseman, DJ Butt - Licensed Open Horseman
Respondent: TM Williams - Licensed Junior Horseman
StipendSteward:
raceid: 1611393b66e3bfeb2e13312e156013d7
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: d9105497962914a80148f19ea99eef39
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/10/2011
meet_title: NZ Metro TC - 29 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC