Archive Decision

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NZ Metro TC 30 October 2010 – R 9 (instigating a protest)

ID: JCA20972

Hearing Type:
Old Hearing

Rules:
869(8)(a) & ((b)

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 30 October 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/10/30

Race Number:
R 9

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  N R Escott, Chief Stipendiary Steward

--

Defendant:  N/A

--

Information No:  13772 (Instigating a protest)

--

Meeting:  New Zealand Metropolitan Trotting Club

--

Date:  30 October 2010

--

Venue:  Addington Raceway, Christchurch

--

Race:  9

--

Rule No:  869 (8) (a) & (b)

--

Judicial Committee:  R G McKenzie, Chairman – S C Ching, Committee Member

--

Plea: N/A

--

 

--

FACTS:

--

Following the running of Race 9, Resource Recycling Technologies NZ Limited Mobile Trot, Information No.13772 instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, by SEEKER DHU (B Weaver), placed 7th by the judge, against BRITE BELLE (M G Heenan), placed 2nd by the judge, on the grounds of interference in that “with approximately 150 metres to run BRITE BELLE shifted out onto SEEKER DHU which broke”.

--

 

--

Mr Heenan, part-owner, trainer and driver of BRITE BELLE was present at the hearing of the information.

--

 

--

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.

--

 

--

SUBMISSION(S):

--

Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident with approximately 150 metres to run. He pointed out XENON (M P Edmonds) leading the field into the home straight, with BRITE BELLE directly behind that horse, and immediately outside BRITE BELLE was SEEKER DHU. As the horses progressed down the straight, Mr Heenan ran up onto the back of XENON and, at that stage, attempted to come out. As a result, SEEKER DHU went into a break. It was clear, Mr McIntyre alleged, that Mr Heenan’s outside sulky wheel had come inside Mr Weaver’s inside wheel.

--

 

--

Mr Weaver told the Committee that the wheel of Mr Heenan’s sulky had “come in underneath” his horse, touched its back leg and caused it to gallop. His horse had maintained a straight line up the straight, Mr Weaver said. He had received interference from BRITE BELLE, he said. Mr Escott alleged that the video replay showed contact with SEEKER DHU’s near hind leg.

--

 

--

Mr Weaver said that, at the time, he would have definitely finished in 2nd or 3rd placing, probably 2nd, but for the interference.

--

 

--

Mr Heenan alleged that what had happened happens all the time in races – that is to say, that he shifted ground off the horse in front of him and the horse outside goes out. On this occasion, SEEKER DHU had broken. That horse had shown a propensity to break in its races. He acknowledged that his sulky wheel had got in front of Mr Weaver’s. He strongly denied that there had been contact.

--

 

--

Mr Heenan further alleged that, after the point at which Mr Escott claimed that contact had been made, SEEKER DHU had trotted on for several more strides before galloping when there was no horse near it. He submitted that that horse was getting tired and had broken, as it was inclined to do.

--

 

--

Mr Escott questioned Mr Heenan as to why he had elected to come out when there was an unimpeded run available in the passing lane. Mr Heenan explained that the mare raced and challenged better if she came out on the outside of another horse.

--

 

--

Mr Heenan submitted that it appeared from the video replay that SEEKER DHU may have hit its own sulky wheel prior to galloping.

--

 

--

REASONS:

--

The Committee found that, inside the final 200 metres, BRITE BELLE was racing behind the leader, and eventual winner, XENON. SEEKER DHU, driven by Mr Weaver, had been racing outside BRITE BELLE. The Committee found that Mr Heenan had then eased BRITE BELLE out from behind XENON and put pressure on SEEKER DHU. That horse had been maintaining a straight line.

--

 

--

Mr Weaver told the Committee that there was contact to his horse’s near hind leg and Mr Heenan’s outside sulky wheel. Mr Heenan denied that there had been any contact, as alleged by Mr Weaver, but the head-on video showed that there was contact.

--

 

--

The Committee further found that, as a result of that interference, SEEKER DHU went off stride and lost its chance, eventually finishing in 7th placing. Mr Weaver told the Committee that, but for the interference, he would have finished 2nd or 3rd. This was clearly borne out by the video replay, in the Committee’s view, as the two horse were, at that stage, some distance ahead of the following runners.

--

 

--

The Committee attached no weight to Mr Heenan’s submission that SEEKER DHU had a propensity to gallop in its races as it had no relevance in this case.

--

 

--

The Committee was satisfied that BRITE BELLE had interfered with the progress or chances of SEEKER DHU.

--

 

--

DECISION:

--

The protest was upheld and BRITE BELLE was relegated to 7th placing.

--

 

--

Consequent upon the relegation, the amended placings for the race are as follows:

--

 

--

1st    11   Xenon

--

2nd    8   Gold Invasion

--

3rd    7   Elle Castleton

--

4th    3   Tip Your Hat Loui

--

5th    9   That’s Random

--

 

--

It was ordered that dividends and stakes be paid in accordance with that amended result.

--

 

--

 

--

 

--

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: 877dd6856ae30e345adcf06f8037ced3


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 30/10/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC 30 October 2010 - R 9 (instigating a protest)


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  N R Escott, Chief Stipendiary Steward

--

Defendant:  N/A

--

Information No:  13772 (Instigating a protest)

--

Meeting:  New Zealand Metropolitan Trotting Club

--

Date:  30 October 2010

--

Venue:  Addington Raceway, Christchurch

--

Race:  9

--

Rule No:  869 (8) (a) & (b)

--

Judicial Committee:  R G McKenzie, Chairman – S C Ching, Committee Member

--

Plea: N/A

--

 

--

FACTS:

--

Following the running of Race 9, Resource Recycling Technologies NZ Limited Mobile Trot, Information No.13772 instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, by SEEKER DHU (B Weaver), placed 7th by the judge, against BRITE BELLE (M G Heenan), placed 2nd by the judge, on the grounds of interference in that “with approximately 150 metres to run BRITE BELLE shifted out onto SEEKER DHU which broke”.

--

 

--

Mr Heenan, part-owner, trainer and driver of BRITE BELLE was present at the hearing of the information.

--

 

--

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.

--

 

--

SUBMISSION(S):

--

Mr N G McIntyre, Stipendiary Steward, showed video replays of the incident with approximately 150 metres to run. He pointed out XENON (M P Edmonds) leading the field into the home straight, with BRITE BELLE directly behind that horse, and immediately outside BRITE BELLE was SEEKER DHU. As the horses progressed down the straight, Mr Heenan ran up onto the back of XENON and, at that stage, attempted to come out. As a result, SEEKER DHU went into a break. It was clear, Mr McIntyre alleged, that Mr Heenan’s outside sulky wheel had come inside Mr Weaver’s inside wheel.

--

 

--

Mr Weaver told the Committee that the wheel of Mr Heenan’s sulky had “come in underneath” his horse, touched its back leg and caused it to gallop. His horse had maintained a straight line up the straight, Mr Weaver said. He had received interference from BRITE BELLE, he said. Mr Escott alleged that the video replay showed contact with SEEKER DHU’s near hind leg.

--

 

--

Mr Weaver said that, at the time, he would have definitely finished in 2nd or 3rd placing, probably 2nd, but for the interference.

--

 

--

Mr Heenan alleged that what had happened happens all the time in races – that is to say, that he shifted ground off the horse in front of him and the horse outside goes out. On this occasion, SEEKER DHU had broken. That horse had shown a propensity to break in its races. He acknowledged that his sulky wheel had got in front of Mr Weaver’s. He strongly denied that there had been contact.

--

 

--

Mr Heenan further alleged that, after the point at which Mr Escott claimed that contact had been made, SEEKER DHU had trotted on for several more strides before galloping when there was no horse near it. He submitted that that horse was getting tired and had broken, as it was inclined to do.

--

 

--

Mr Escott questioned Mr Heenan as to why he had elected to come out when there was an unimpeded run available in the passing lane. Mr Heenan explained that the mare raced and challenged better if she came out on the outside of another horse.

--

 

--

Mr Heenan submitted that it appeared from the video replay that SEEKER DHU may have hit its own sulky wheel prior to galloping.

--

 

--

REASONS:

--

The Committee found that, inside the final 200 metres, BRITE BELLE was racing behind the leader, and eventual winner, XENON. SEEKER DHU, driven by Mr Weaver, had been racing outside BRITE BELLE. The Committee found that Mr Heenan had then eased BRITE BELLE out from behind XENON and put pressure on SEEKER DHU. That horse had been maintaining a straight line.

--

 

--

Mr Weaver told the Committee that there was contact to his horse’s near hind leg and Mr Heenan’s outside sulky wheel. Mr Heenan denied that there had been any contact, as alleged by Mr Weaver, but the head-on video showed that there was contact.

--

 

--

The Committee further found that, as a result of that interference, SEEKER DHU went off stride and lost its chance, eventually finishing in 7th placing. Mr Weaver told the Committee that, but for the interference, he would have finished 2nd or 3rd. This was clearly borne out by the video replay, in the Committee’s view, as the two horse were, at that stage, some distance ahead of the following runners.

--

 

--

The Committee attached no weight to Mr Heenan’s submission that SEEKER DHU had a propensity to gallop in its races as it had no relevance in this case.

--

 

--

The Committee was satisfied that BRITE BELLE had interfered with the progress or chances of SEEKER DHU.

--

 

--

DECISION:

--

The protest was upheld and BRITE BELLE was relegated to 7th placing.

--

 

--

Consequent upon the relegation, the amended placings for the race are as follows:

--

 

--

1st    11   Xenon

--

2nd    8   Gold Invasion

--

3rd    7   Elle Castleton

--

4th    3   Tip Your Hat Loui

--

5th    9   That’s Random

--

 

--

It was ordered that dividends and stakes be paid in accordance with that amended result.

--

 

--

 

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869(8)(a) & ((b)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 43639037a6a80a1e052eaccd42ce9961


race_expapproval:


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race_emailed1: 0


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race_title: R 9


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meetdate: 30/10/2010


meet_title: NZ Metro TC - 30 October 2010


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meet_racingtype: harness-racing


meet_chair: tom


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name: NZ Metro TC