NZ Metro TC – 4 April 2008 – Race 3
ID: JCA20735
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 4 April 2008
Race Date:
2008/04/04
Race Number:
Race 3
Decision: Following the running of Race 3, the NZ Trotters Trust NZ Trotting Oaks, an information Instigating a Protest was laid by Mr C. T. Woodward, the driver of “Gladys Emanuel”, alleging a breach of Rule 869(8).
DECISION AND REASONS:
----
Following the running of Race 3, the NZ Trotters Trust NZ Trotting Oaks, an information Instigating a Protest was laid by Mr C. T. Woodward, the driver of “Gladys Emanuel”, alleging a breach of Rule 869(8). The information reads as follows.
----
“This is a protest by horse number (2) placed 3rd by the Judge against horse number (13) placed 1st by the judge on the grounds of interference.”
----
Although the Information was abbreviated, it was established that
--the alleged interference took place rounding the final bend.
----
Rule 869(8) reads 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.
----
Present at the hearing were Mr C. T. Woodward, the driver of “Gladys Emanuel” (2), who advised that he would represent the interests of the owner and trainer, Mr W. E. Higgs. Mr Purdon, the driver, Mr B. A. Lilley the trainer and part owner, and Mr and Mrs Wilson the other part owners of “Lady Eskay” (13) also attended the hearing.
----
Mr Woodward gave evidence that rounding the final bend contact had been made with his outside wheel by “Lady Eskay” (11) which had been trailing him, and was in the process of moving out to make its run. Mr Woodward also said that as a result of this contact the tyre on this wheel had come partially off its rim, and that as a result he believed that his chances had been affected in that it had slowed him down. The margin between 2nd and 3rd was ½ a head.
----
Video coverage of the incident was shown but it was not helpful in determining the effect the damage to the wheel had on “Gladys Emanuel’s” chances.
----
The following matters were also established at the hearing.
----
- Mr Purdon agreed that he had touched the wheel as described by Mr Woodward.
--- Stipendiary Steward Mr Ydgren said that he saw the wheel after the race, and he confirmed that the tyre had come partially off the rim.
--- Mr Lilley also pointed out that the damage to the tyre did not appear to affect the wheel “spinning”.
----
In accordance with accepted practice Chief Stipendiary Steward Mr Escott was asked if he wanted to say anything about this matter. Mr Escott said it was up to the JCA to ascertain as to whether having the tyre punctured has had a detrimental effect on the chances of “Gladys Emanuel”.
----
We then adjourned to consider our decision.
----
In accordance with Rule 869(8) a Judicial Committee can place any horse which may have gained an advantage by any interference immediately after the horse affected. In the present case the damage to the tyre did not appear to prevent the wheel from moving freely, and we were not convinced that it affected “Gladys Emanuel’s” chances in the race. On returning to the Enquiry Room we advised that a full written decision would be given later, and gave the following oral decision.
----
“Having seen the video coverage, and having heard the evidence, we are satisfied that damage was caused to a wheel at about the 300 metre mark. The tyre came off the rim, but only partially. We are not satisfied that this damage was so serious as to cause Mr Woodward’s chances to be affected and we dismiss the protest.”
----
--
--
--
__________
--J. M. Phelan
--Chairman
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: 85760c562aa6e7ba7cd26a80402e309d
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 04/04/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 4 April 2008 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 3, the NZ Trotters Trust NZ Trotting Oaks, an information Instigating a Protest was laid by Mr C. T. Woodward, the driver of “Gladys Emanuel”, alleging a breach of Rule 869(8).DECISION AND REASONS:
----
Following the running of Race 3, the NZ Trotters Trust NZ Trotting Oaks, an information Instigating a Protest was laid by Mr C. T. Woodward, the driver of “Gladys Emanuel”, alleging a breach of Rule 869(8). The information reads as follows.
----
“This is a protest by horse number (2) placed 3rd by the Judge against horse number (13) placed 1st by the judge on the grounds of interference.”
----
Although the Information was abbreviated, it was established that
--the alleged interference took place rounding the final bend.
----
Rule 869(8) reads 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.
----
Present at the hearing were Mr C. T. Woodward, the driver of “Gladys Emanuel” (2), who advised that he would represent the interests of the owner and trainer, Mr W. E. Higgs. Mr Purdon, the driver, Mr B. A. Lilley the trainer and part owner, and Mr and Mrs Wilson the other part owners of “Lady Eskay” (13) also attended the hearing.
----
Mr Woodward gave evidence that rounding the final bend contact had been made with his outside wheel by “Lady Eskay” (11) which had been trailing him, and was in the process of moving out to make its run. Mr Woodward also said that as a result of this contact the tyre on this wheel had come partially off its rim, and that as a result he believed that his chances had been affected in that it had slowed him down. The margin between 2nd and 3rd was ½ a head.
----
Video coverage of the incident was shown but it was not helpful in determining the effect the damage to the wheel had on “Gladys Emanuel’s” chances.
----
The following matters were also established at the hearing.
----
- Mr Purdon agreed that he had touched the wheel as described by Mr Woodward.
--- Stipendiary Steward Mr Ydgren said that he saw the wheel after the race, and he confirmed that the tyre had come partially off the rim.
--- Mr Lilley also pointed out that the damage to the tyre did not appear to affect the wheel “spinning”.
----
In accordance with accepted practice Chief Stipendiary Steward Mr Escott was asked if he wanted to say anything about this matter. Mr Escott said it was up to the JCA to ascertain as to whether having the tyre punctured has had a detrimental effect on the chances of “Gladys Emanuel”.
----
We then adjourned to consider our decision.
----
In accordance with Rule 869(8) a Judicial Committee can place any horse which may have gained an advantage by any interference immediately after the horse affected. In the present case the damage to the tyre did not appear to prevent the wheel from moving freely, and we were not convinced that it affected “Gladys Emanuel’s” chances in the race. On returning to the Enquiry Room we advised that a full written decision would be given later, and gave the following oral decision.
----
“Having seen the video coverage, and having heard the evidence, we are satisfied that damage was caused to a wheel at about the 300 metre mark. The tyre came off the rim, but only partially. We are not satisfied that this damage was so serious as to cause Mr Woodward’s chances to be affected and we dismiss the protest.”
----
--
--
--
__________
--J. M. Phelan
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.8
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 88cdb67b3a7dc5e21f79cf9179437fa1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1b7b2d72d8072c8de2c0f67c4cbf694e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/04/2008
meet_title: NZ Metro TC - 4 April 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC