NZ Metro TC – 7 October 2011 – R4 (instigating a protest)
ID: JCA11989
Meet Title:
NZ Metro TC - 7 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JMillar
Race Date:
2011/10/07
Race Number:
R4
Decision:
The progress was dismissed and the judge’s placings for the race stand.
Facts:
Following the running of Race 4, Signbiz – For Big Biz Signs & Small Biz Signs Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against TIMELESS PERFECTION (R T May), placed 4th by the judge, on the ground that it caused interference to FIERY ACHIEVER (J R Dunn), placed 9th by the judge, “when racing round the first turn”.
Mr R T May, driver of TIMELESS PERFECTION, was present at the hearing of the information and he indicated that he was authorised to represent the connections of that horse 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 McIntyre showed a video replay of the point of the race (after approximately 300 metres) where the alleged interference took place. He pointed out TIMELESS PERFECTION, driven by Mr May, racing in the trail behind TOGETHER AGAIN (G D Smith). TIMELESS PERFECTION appeared to touch several pylons and then “shift out”. As a result, FIERY ACHIEVER, driven by Mr Dunn, which was racing on its outside, was shifted wider on the track and broke.
Mr Dunn confirmed that he was racing on the outside of TIMELESS PERFECTION with ULTIMATE PLAYER (S P McNally) on his outside. He said that Mr May took hold of his horse and it “ducked sideways”. His horse broke, Mr Dunn said, but he was going to end up “parked”. When asked by Mr McIntyre whether his chances had been affected, Mr Dunn said “not at all” as he had made up ground quite quickly and received a good run after the incident. He had got the run he wanted to get, Mr Dunn said.
Mr McIntyre then showed the finish of the race on video replay. He showed that FIERY ACHIEVER had finished only 3-4 lengths from the winner. Mr Dunn stated that he had finished last and confirmed that his chances had not been affected. He had lost 2-3 lengths in the incident.
Mr May said the field was going “flat out” into the first bend when the leader “pulled up real quick”. He took a hold of his horse and it ducked out and made contact with Mr Dunn’s horse. Mr McIntyre acknowledged that Mr May had to “steady”.
Reasons for Decision:
The first issue for the Committee to determine was whether TIMELESS PERFECTION had caused interference to FIERY ACHIEVER. The Committee found that, with approximately 2300 metres to run, TIMELESS PERFECTION ducked out when racing in the trail when the leader eased the pace which necessitated Mr May having to take a hold of the horse. In doing so, it made contact with FIERY ACHIEVER, racing on its outside, as a result of which that horse broke for several strides and lost approximately 3 lengths. The Committee was satisfied that there was interference.
Having made that finding, the Committee then needed to consider whether the progress or chance of FIERY ACHIEVER was affected. In this regard, the evidence of Mr Dunn was quite compelling. He was in no doubt that his chances had not been affected as, he said, he made up ground quite quickly and received a good run in the race thereafter. This was borne out by the video evidence. FIERY ACHIEVER finished last of the nine runners after receiving a good run and, in the Committee’s view, having every chance. The Committee was satisfied that its progress or chance was not affected by the interference, which was minimal and at an early stage of the race.
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: 34a5cfd5a4d3e8be943952b1a0842a4e
informantnumber: A5301
horsename: Timeless Perfection
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/09/2011
hearing_title: NZ Metro TC - 7 October 2011 - R4 (instigating a protest)
charge:
facts:
Following the running of Race 4, Signbiz – For Big Biz Signs & Small Biz Signs Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against TIMELESS PERFECTION (R T May), placed 4th by the judge, on the ground that it caused interference to FIERY ACHIEVER (J R Dunn), placed 9th by the judge, “when racing round the first turn”.
Mr R T May, driver of TIMELESS PERFECTION, was present at the hearing of the information and he indicated that he was authorised to represent the connections of that horse 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 McIntyre showed a video replay of the point of the race (after approximately 300 metres) where the alleged interference took place. He pointed out TIMELESS PERFECTION, driven by Mr May, racing in the trail behind TOGETHER AGAIN (G D Smith). TIMELESS PERFECTION appeared to touch several pylons and then “shift out”. As a result, FIERY ACHIEVER, driven by Mr Dunn, which was racing on its outside, was shifted wider on the track and broke.
Mr Dunn confirmed that he was racing on the outside of TIMELESS PERFECTION with ULTIMATE PLAYER (S P McNally) on his outside. He said that Mr May took hold of his horse and it “ducked sideways”. His horse broke, Mr Dunn said, but he was going to end up “parked”. When asked by Mr McIntyre whether his chances had been affected, Mr Dunn said “not at all” as he had made up ground quite quickly and received a good run after the incident. He had got the run he wanted to get, Mr Dunn said.
Mr McIntyre then showed the finish of the race on video replay. He showed that FIERY ACHIEVER had finished only 3-4 lengths from the winner. Mr Dunn stated that he had finished last and confirmed that his chances had not been affected. He had lost 2-3 lengths in the incident.
Mr May said the field was going “flat out” into the first bend when the leader “pulled up real quick”. He took a hold of his horse and it ducked out and made contact with Mr Dunn’s horse. Mr McIntyre acknowledged that Mr May had to “steady”.
reasonsfordecision:
The first issue for the Committee to determine was whether TIMELESS PERFECTION had caused interference to FIERY ACHIEVER. The Committee found that, with approximately 2300 metres to run, TIMELESS PERFECTION ducked out when racing in the trail when the leader eased the pace which necessitated Mr May having to take a hold of the horse. In doing so, it made contact with FIERY ACHIEVER, racing on its outside, as a result of which that horse broke for several strides and lost approximately 3 lengths. The Committee was satisfied that there was interference.
Having made that finding, the Committee then needed to consider whether the progress or chance of FIERY ACHIEVER was affected. In this regard, the evidence of Mr Dunn was quite compelling. He was in no doubt that his chances had not been affected as, he said, he made up ground quite quickly and received a good run in the race thereafter. This was borne out by the video evidence. FIERY ACHIEVER finished last of the nine runners after receiving a good run and, in the Committee’s view, having every chance. The Committee was satisfied that its progress or chance was not affected by the interference, which was minimal and at an early stage of the race.
Decision:
The progress was dismissed and the judge’s placings for the race stand.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869 (8)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: R T May, Licensed Open Horseman, J R Dunn
Respondent:
StipendSteward:
raceid: 22c5cef75f3d95d77dc4c429bcd501c9
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: 5e57371ca71cde19821ba3948bb00f7c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/10/2011
meet_title: NZ Metro TC - 7 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC