NZ Metro TC 4 February 2012 – R 1 (instigating a protest)
ID: JCA15248
Meet Title:
NZ Metro TC - 4 February 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/02/04
Race Number:
R1
Decision:
The protest was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 1, Air New Zealand Mobile Trot, an information instigating a protest was filed by Licensed Public Trainer, Mr R W Green, and Licensed Open Driver, Mr M J Stormont, as trainer and driver respectively of YOU ROCK, placed 12th by the judge, against STENT (C J De Filippi), placed 2nd by the judge, on the ground of “interference near the 700 metres when YOU ROCK broke after being shifted wider by STENT”.
Messrs Green and Stormont were both present at the hearing of the information. Mr C J De Filippi, co-trainer and driver of STENT, was also present as was Mr T G Casey, owner of STENT.
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 Stormont showed video replays of the incident with approximately 700 metres to run. He alleged that, when Mr De Filippi came out, he “just nicked” YOU ROCK’s back foot which gave it a fright and was just enough to put it off stride. He submitted that YOU ROCK broke in behind before it broke in front. Mr Stormont confirmed that there had been contact but he described it as “ever so slight”. He was not “fighting” to keep Mr De Filippi in, he said.
Mr De Filippi said that, just prior to the incident, the horse in front of him was tiring. He pulled back to give himself room to get momentum to go forward. He demonstrated on the video replay that he had begun to go forward before Mr Stormont came up beside him. He submitted that Mr Stormont was not hard up on the back of the runner he was following. Mr De Filippi said that, at that stage of the race, it was permissible to push out. He had made his intention to come out clear, he said. He showed the head-on video replay to demonstrate that he had, initially, come half-way out to let Mr Stormont know that he was there and give him the opportunity to pull back. Mr De Filippi submitted that no contact could be seen on any of the video replays.
Mr De Filippi said that he had used his sulky shaft on the shoulder of YOU ROCK to push that horse out. Mr Stormont was also using a heavy cart that does not move – you can move the horse but the cart does not move, he said. Mr Green said that they were trialling the sulky and using it for the first time. He agreed that it was easy for a wheel to go underneath a horse. The particular sulky was not designed for being easily pushed out, he said. It was a problem with the particular sulky.
Mr De Filippi submitted that it was a “fair push out” and that he had given Mr Stormont’s horse every opportunity to keep trotting. YOU ROCK was half-way out, then went roughly for two strides and galloped, Mr De Filippi said. Mr De Filippi submitted that he had come out as slowly as he could.
Mr N G McIntyre, Stipendiary Steward, said that from the 1,000 metres horsemen are required to make moves to put their horse in the best possible position to win the race. He said that, in his view, Mr De Filippi’s movement had been made in a slow and gradual manner. Furthermore, he had a clear advantage over YOU ROCK to allow him ease that runner out.
Reasons for Decision:
The information alleged interference by STENT to YOU ROCK with approximately 700 metres to race, as a result of which the latter runner broke. Mr Stormont alleged that STENT had come out in front of YOU ROCK at that point of the race and made contact with the latter’s near hind foot, as a result of which it broke and its chances or progress were affected. YOU ROCK finished in 12th placing.
Mr De Filippi said, in essence, that he had legitimately eased YOU ROCK out, as he was entitled to do, in a slow and gradual manner. Mr McIntyre, who had been present throughout the hearing, agreed.
There was no evidence of contact, other than Mr Stormont’s evidence which was disputed by Mr De Filippi.
The Committee was satisfied that Mr De Filippi had legitimately eased YOU ROCK out at the 700 metres where YOU ROCK went off stride. We were, therefore, satisfied that the cause of YOU ROCK’s breaking was not any interference from STENT.
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: 7b11a2d4c7b951b01b4d100f164711db
informantnumber: A1042
horsename: STENT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/02/2012
hearing_title: NZ Metro TC 4 February 2012 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, Air New Zealand Mobile Trot, an information instigating a protest was filed by Licensed Public Trainer, Mr R W Green, and Licensed Open Driver, Mr M J Stormont, as trainer and driver respectively of YOU ROCK, placed 12th by the judge, against STENT (C J De Filippi), placed 2nd by the judge, on the ground of “interference near the 700 metres when YOU ROCK broke after being shifted wider by STENT”.
Messrs Green and Stormont were both present at the hearing of the information. Mr C J De Filippi, co-trainer and driver of STENT, was also present as was Mr T G Casey, owner of STENT.
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 Stormont showed video replays of the incident with approximately 700 metres to run. He alleged that, when Mr De Filippi came out, he “just nicked” YOU ROCK’s back foot which gave it a fright and was just enough to put it off stride. He submitted that YOU ROCK broke in behind before it broke in front. Mr Stormont confirmed that there had been contact but he described it as “ever so slight”. He was not “fighting” to keep Mr De Filippi in, he said.
Mr De Filippi said that, just prior to the incident, the horse in front of him was tiring. He pulled back to give himself room to get momentum to go forward. He demonstrated on the video replay that he had begun to go forward before Mr Stormont came up beside him. He submitted that Mr Stormont was not hard up on the back of the runner he was following. Mr De Filippi said that, at that stage of the race, it was permissible to push out. He had made his intention to come out clear, he said. He showed the head-on video replay to demonstrate that he had, initially, come half-way out to let Mr Stormont know that he was there and give him the opportunity to pull back. Mr De Filippi submitted that no contact could be seen on any of the video replays.
Mr De Filippi said that he had used his sulky shaft on the shoulder of YOU ROCK to push that horse out. Mr Stormont was also using a heavy cart that does not move – you can move the horse but the cart does not move, he said. Mr Green said that they were trialling the sulky and using it for the first time. He agreed that it was easy for a wheel to go underneath a horse. The particular sulky was not designed for being easily pushed out, he said. It was a problem with the particular sulky.
Mr De Filippi submitted that it was a “fair push out” and that he had given Mr Stormont’s horse every opportunity to keep trotting. YOU ROCK was half-way out, then went roughly for two strides and galloped, Mr De Filippi said. Mr De Filippi submitted that he had come out as slowly as he could.
Mr N G McIntyre, Stipendiary Steward, said that from the 1,000 metres horsemen are required to make moves to put their horse in the best possible position to win the race. He said that, in his view, Mr De Filippi’s movement had been made in a slow and gradual manner. Furthermore, he had a clear advantage over YOU ROCK to allow him ease that runner out.
reasonsfordecision:
The information alleged interference by STENT to YOU ROCK with approximately 700 metres to race, as a result of which the latter runner broke. Mr Stormont alleged that STENT had come out in front of YOU ROCK at that point of the race and made contact with the latter’s near hind foot, as a result of which it broke and its chances or progress were affected. YOU ROCK finished in 12th placing.
Mr De Filippi said, in essence, that he had legitimately eased YOU ROCK out, as he was entitled to do, in a slow and gradual manner. Mr McIntyre, who had been present throughout the hearing, agreed.
There was no evidence of contact, other than Mr Stormont’s evidence which was disputed by Mr De Filippi.
The Committee was satisfied that Mr De Filippi had legitimately eased YOU ROCK out at the 700 metres where YOU ROCK went off stride. We were, therefore, satisfied that the cause of YOU ROCK’s breaking was not any interference from STENT.
Decision:
The protest was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8)
Informant: Mr M J Stormont - Licensed Open Driver of YOU ROCK, Mr R W Green - Licensed Public Trainer of YOU ROCK
JockeysandTrainer:
Otherperson:
PersonPresent: Mr T G Casey - Owner of STENT
Respondent: Mr C J De Filippi - Licensed Open Horseman
StipendSteward:
raceid: 5b0b990eb5c5a11a0b48935bb1e17a97
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: 894a35495bb41da3dfde22bba2fe4802
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/02/2012
meet_title: NZ Metro TC - 4 February 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC