NZ Metro TC 5 July 2011 – R 4 (Instigating a Protest)
ID: JCA12454
Meet Title:
NZ Metro TC - 5 July 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/07/05
Race Number:
R4
Decision:
The protest was dismissed.
Facts:
Following the running of Race 4, the Bishopdale & Bush Inn TAB’s – Your Distination Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of the push out Rule by “K C Pedro” (1), driven by Miss A. J. Laing, which finished first in the race, with the resultant effect on the chances of the second placed horse, “Leave Mealone” (13), driven by Mr S. R. McNally.
The Judges placings in this race were as follows.
1st – K C Pedro (1)
2nd – Leave Mealone (13)
3rd – Gogetem (10)
4th – Sticky Fingers (3)
5th – Tiz Tough (5)
6th – Smooth Seas (11)
The Judges placings in this race were as follows.
1st – K C Pedro (1)
2nd – Leave Mealone (13)
3rd – Gogetem (10)
4th – Sticky Fingers (3)
5th – Tiz Tough (5)
6th – Smooth Seas (11)
The Information reads as follows.
“This is a protest by horse number (13) placed 2nd by the Judge against horse number (1) placed 1st by the Judge on the grounds of 869(6) – “K C Pedro” forced “Leave Mealone” to race wider on the track with 1500m to run.”
The relevant Rules are 869(6), (7) and (8), which provide as follows.
“(6) Subject to sub-rule (4) hereof:-
(a) horsemen are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field. (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.”
“(6) Subject to sub-rule (4) hereof:-
(a) horsemen are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field. (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.”
The connections of “K C Pedro” were represented at this hearing by the driver Miss A. J. Laing, and Mr S. R. McNally, the driver of “Leave Mealone”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
Submissions for Decision:
Stipendiary Steward Mr Ydgren used video coverage of this incident to illustrate that at about the 1500 metre mark Miss Laing was positioned on the marker line with the horse on her outside moving forward. When this horse was clear she moved her horse outwards into the two wide line, but in doing so forced “Leave Mealone” three wide. Mr Ydgren submitted that “Leave Mealone” was up outside “K C Pedro” when this move was made, and Miss Laing was therefore in breach of the “push out” Rule. The remainder of the race was viewed, and this showed that during the remainder of the race “Leave Mealone” raced in a forward position, and in the home straight went to a clear lead before being run down late by “K C Pedro”. The margin between 1st and 2nd was 1¾ lengths.
Mr Ydgren called Mr S. R. McNally, the driver of “Leave Mealone”, to give evidence. He said that he was pushed out as alleged and after that he had to work harder than he had intended to at that stage of the race. After viewing the final 1500 metres of the race Mr McNally stated that he couldn’t honestly say that this incident had affected the result of the race, and that as the race panned out he got quite a good run.
Miss Laing gave evidence that she had made an error of judgement when moving out.
Reasons for Decision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that there was a breach of the “push out” Rule. After this incident “Leave Mealone” was three wide before moving forward to a handy position. In the home straight “Leave Mealone” took the lead and was run down late. “K C Pedro”, on the other hand, was pushed back to the rear of the field and was still in that position at the 800 metre mark. It came from well back late in the race to win. We agreed with Mr McNally that it was difficult to conclude that “K C Pedro” had gained any advantage from this breach of the “push out” rule.
Taking all the above matters into account we decided that this protest should be dismissed. On returning to the Enquiry Room Race 5 was about to start, and we advised that the protest was dismissed and that full reasons for this decision, as set out above, would be given later.
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: 5e32d49d95df1315dcb45b78934a135b
informantnumber: 14578
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 06/07/2011
hearing_title: NZ Metro TC 5 July 2011 - R 4 (Instigating a Protest)
charge:
facts:
Following the running of Race 4, the Bishopdale & Bush Inn TAB’s – Your Distination Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren alleging a breach of the push out Rule by “K C Pedro” (1), driven by Miss A. J. Laing, which finished first in the race, with the resultant effect on the chances of the second placed horse, “Leave Mealone” (13), driven by Mr S. R. McNally.
The Judges placings in this race were as follows.
1st – K C Pedro (1)
2nd – Leave Mealone (13)
3rd – Gogetem (10)
4th – Sticky Fingers (3)
5th – Tiz Tough (5)
6th – Smooth Seas (11)
The Judges placings in this race were as follows.
1st – K C Pedro (1)
2nd – Leave Mealone (13)
3rd – Gogetem (10)
4th – Sticky Fingers (3)
5th – Tiz Tough (5)
6th – Smooth Seas (11)
The Information reads as follows.
“This is a protest by horse number (13) placed 2nd by the Judge against horse number (1) placed 1st by the Judge on the grounds of 869(6) – “K C Pedro” forced “Leave Mealone” to race wider on the track with 1500m to run.”
The relevant Rules are 869(6), (7) and (8), which provide as follows.
“(6) Subject to sub-rule (4) hereof:-
(a) horsemen are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field. (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.”
“(6) Subject to sub-rule (4) hereof:-
(a) horsemen are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field. (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.”
The connections of “K C Pedro” were represented at this hearing by the driver Miss A. J. Laing, and Mr S. R. McNally, the driver of “Leave Mealone”, represented the interests of that horse. All parties agreed that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr Ydgren used video coverage of this incident to illustrate that at about the 1500 metre mark Miss Laing was positioned on the marker line with the horse on her outside moving forward. When this horse was clear she moved her horse outwards into the two wide line, but in doing so forced “Leave Mealone” three wide. Mr Ydgren submitted that “Leave Mealone” was up outside “K C Pedro” when this move was made, and Miss Laing was therefore in breach of the “push out” Rule. The remainder of the race was viewed, and this showed that during the remainder of the race “Leave Mealone” raced in a forward position, and in the home straight went to a clear lead before being run down late by “K C Pedro”. The margin between 1st and 2nd was 1¾ lengths.
Mr Ydgren called Mr S. R. McNally, the driver of “Leave Mealone”, to give evidence. He said that he was pushed out as alleged and after that he had to work harder than he had intended to at that stage of the race. After viewing the final 1500 metres of the race Mr McNally stated that he couldn’t honestly say that this incident had affected the result of the race, and that as the race panned out he got quite a good run.
Miss Laing gave evidence that she had made an error of judgement when moving out.
reasonsfordecision:
We carefully considered the evidence and the video coverage of the incident. We were satisfied that there was a breach of the “push out” Rule. After this incident “Leave Mealone” was three wide before moving forward to a handy position. In the home straight “Leave Mealone” took the lead and was run down late. “K C Pedro”, on the other hand, was pushed back to the rear of the field and was still in that position at the 800 metre mark. It came from well back late in the race to win. We agreed with Mr McNally that it was difficult to conclude that “K C Pedro” had gained any advantage from this breach of the “push out” rule.
Taking all the above matters into account we decided that this protest should be dismissed. On returning to the Enquiry Room Race 5 was about to start, and we advised that the protest was dismissed and that full reasons for this decision, as set out above, would be given later.
Decision:
The protest was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(6), (7) and (8)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Miss A. J Laing - Open Horsewoman, Mr S. R. McNally - Open Horseman
StipendSteward:
raceid: 3a7c0ba0f16c65b900d9266e2e0d32e5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f87e6d3e6b0f0136b9dd484c76411b37
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/07/2011
meet_title: NZ Metro TC - 5 July 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC