NZ Metro TC 5 February 2011 – R 9 (instigating a protest)
ID: JCA12949
Meet Title:
NZ Metro TC - 5 February 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/02/05
Race Number:
R9
Decision:
The protest was dismissed.
Facts:
Following the running of Race 9, United Fisheries Limited – Nutri Zing Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr T W Taumanu, against MUSGROVE (D J Butt), placed 1st by the judge, on the grounds of interference to GOLDSTAR INVASION (J R Dunn), placed 10th by the judge, with 550 metres to run.
Mr Butt was present at the hearing of the information and he indicated that he was authorised to represent the connections of MUSGROVE at the protest hearing.
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 Taumanu said that, with approximately 600 metres to run, Mr Butt was improving round the field to lead with MUSGROVE. Mr Dunn was, at that stage, in the lead with GOLDSTAR INVASION. Mr Taumanu alleged that Mr Butt, in doing so, had “shortened him up” or forced him over the pylons, causing Mr Dunn’s horse to break and go back through the field.
Mr S P Renault, Stipendiary Steward, showed video replays of the incident. Mr Butt had squeezed Mr Dunn onto a pylon causing Mr Dunn’s horse to break and inconveniencing following runners, Mr Renault said. Mr Dunn was not clear at any stage.
Mr Dunn said that Mr Butt had been attempting to take the lead. Mr Butt’s horse had “ducked in a wee bit” but there had been no contact and it was only his wheel, and not his horse, that had “tipped” the pylon. He said that his horse should not have galloped in those circumstances, although he was cramped for room. His horse had galloped earlier in the race and had “raced very hard” thereafter so was probably tiring. He could not say whether his horse would have broken had it not been tightened. He had been attempting to keep Mr Butt out all the way down the back straight but was unable to do so.
Mr Butt submitted that he had not forced Mr Dunn over pylons and had looked to his inside to make sure he was giving Mr Dunn enough room. Mr Taumanu had earlier suggested that Mr Butt’s looking down was because he was aware that he had tightened Mr Dunn. His horse had been “hanging in a little bit” rounding the bend and he was ensuring that he was giving Mr Dunn enough room, Mr Butt said. He denied that he had caused Mr Dunn’s horse, which was “flat” at the time, to break.
Reasons for Decision:
The Committee’s task, in terms of the Rule, was to determine whether MUSGROVE, driven by Mr Butt, had interfered with the progress or chance of GOLDSTAR INVASION, driven by Mr Dunn, when crossing to the lead with approximately 550 metres to run. The Committee, to uphold the protest, needed to be satisfied on a balance of probabilities (that is to say – that it was more likely than not). There were a number of factors present, in this case, that resulted in the Committee having sufficient doubt so as to be not satisfied to that standard. Specifically, although it was agreed that there was some tightening, it was significant that there was no contact and that the sulky wheel of GOLDSTAR INVASION made contact with only one pylon. That horse was not forced to race inside any pylons. Furthermore, despite being pressed by Mr Taumanu, Mr Dunn would not concede that his horse would not have broken but for being tightened by Mr Butt. Mr Dunn’s evidence was equivocal. Neither was the video evidence, while helpful, conclusive in support of the Steward’s case.
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: 6d2d109f0852e5163bfb8c6033d5ba20
informantnumber: 13820
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/02/2011
hearing_title: NZ Metro TC 5 February 2011 - R 9 (instigating a protest)
charge:
facts:
Following the running of Race 9, United Fisheries Limited – Nutri Zing Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr T W Taumanu, against MUSGROVE (D J Butt), placed 1st by the judge, on the grounds of interference to GOLDSTAR INVASION (J R Dunn), placed 10th by the judge, with 550 metres to run.
Mr Butt was present at the hearing of the information and he indicated that he was authorised to represent the connections of MUSGROVE at the protest hearing.
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 Taumanu said that, with approximately 600 metres to run, Mr Butt was improving round the field to lead with MUSGROVE. Mr Dunn was, at that stage, in the lead with GOLDSTAR INVASION. Mr Taumanu alleged that Mr Butt, in doing so, had “shortened him up” or forced him over the pylons, causing Mr Dunn’s horse to break and go back through the field.
Mr S P Renault, Stipendiary Steward, showed video replays of the incident. Mr Butt had squeezed Mr Dunn onto a pylon causing Mr Dunn’s horse to break and inconveniencing following runners, Mr Renault said. Mr Dunn was not clear at any stage.
Mr Dunn said that Mr Butt had been attempting to take the lead. Mr Butt’s horse had “ducked in a wee bit” but there had been no contact and it was only his wheel, and not his horse, that had “tipped” the pylon. He said that his horse should not have galloped in those circumstances, although he was cramped for room. His horse had galloped earlier in the race and had “raced very hard” thereafter so was probably tiring. He could not say whether his horse would have broken had it not been tightened. He had been attempting to keep Mr Butt out all the way down the back straight but was unable to do so.
Mr Butt submitted that he had not forced Mr Dunn over pylons and had looked to his inside to make sure he was giving Mr Dunn enough room. Mr Taumanu had earlier suggested that Mr Butt’s looking down was because he was aware that he had tightened Mr Dunn. His horse had been “hanging in a little bit” rounding the bend and he was ensuring that he was giving Mr Dunn enough room, Mr Butt said. He denied that he had caused Mr Dunn’s horse, which was “flat” at the time, to break.
reasonsfordecision:
The Committee’s task, in terms of the Rule, was to determine whether MUSGROVE, driven by Mr Butt, had interfered with the progress or chance of GOLDSTAR INVASION, driven by Mr Dunn, when crossing to the lead with approximately 550 metres to run. The Committee, to uphold the protest, needed to be satisfied on a balance of probabilities (that is to say – that it was more likely than not). There were a number of factors present, in this case, that resulted in the Committee having sufficient doubt so as to be not satisfied to that standard. Specifically, although it was agreed that there was some tightening, it was significant that there was no contact and that the sulky wheel of GOLDSTAR INVASION made contact with only one pylon. That horse was not forced to race inside any pylons. Furthermore, despite being pressed by Mr Taumanu, Mr Dunn would not concede that his horse would not have broken but for being tightened by Mr Butt. Mr Dunn’s evidence was equivocal. Neither was the video evidence, while helpful, conclusive in support of the Steward’s case.
Decision:
The protest was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8)
Informant: T W Taumanu - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: D J Butt - driver of MUSGROVE, J R Dunn - driver of GOLDSTAR INVASION
Respondent:
StipendSteward:
raceid: f3a61ad8e2d5c0773ea1e614bab71f24
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d6560abf8eeee1f6d2c51f8ba81eab7b
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/02/2011
meet_title: NZ Metro TC - 5 February 2011
meet_expappcomment:
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meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC