NZ Metro TC – 9 July 2009 – Race 2
ID: JCA21857
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 9 July 2009
Race Date:
2009/07/09
Race Number:
Race 2
Decision:
Following the running of Race 2, the Cavell Leitch Law Trot, an information was filed by Stipendiary Steward Mr N. G. McIntyre instigating a protest against the 3rd placing of “Vatuvei” (4) driven by Mr P. N. Jones. It was alleged that Mr Jones had breached the push out rule with about 1050 metres to run when he pushed “Doc’s Delight” (13) wider on the track.
--
Following the running of Race 2, the Cavell Leitch Law Trot, an information was filed by Stipendiary Steward Mr N. G. McIntyre instigating a protest against the 3rd placing of “Vatuvei” (4) driven by Mr P. N. Jones. It was alleged that Mr Jones had breached the push out rule with about 1050 metres to run when he pushed “Doc’s Delight” (13) wider on the track.
--The Information reads as follows.
--“This is a protest against horse number 4 placed 3rd by the judge on the grounds of Rule 869(4), (6)(b) and (c) breach of push out Rule with 1050m to run – Vatuvei (P. N. Jones) moved Doc’s Delight (I. Schwamm) wider on the track.”
--This protest was brought under Rules 869(4), (6)(b) and (c) and (8) which provide as follows.
--“(4) No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress.
--(6) Subject to sub-rule (4) hereof:-
(a)….
(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.
(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.”
Present at the hearing was Mr P. N. Jones the trainer and driver of “Vatuvei”,
and also a part owner, Mr D. F. Emerson. Also present was Mr I. L Schwamm, the owner, trainer and driver of “Doc’s Delight”.
Mr McIntyre called Mr Schwamm to give evidence, and he said that he was moved four wide on the track, but that he was not sure exactly where this was in relation to the 1000 metre mark.
--Video coverage was used to show this incident. At the time Mr Schwamm was following Mr M. P. Jones, who was driving “Royal Loch”, in the three wide line. As the field neared the 1000 metre mark Mr P. N. Jones moved outwards, with the result that he ended up following Mr M. P. Jones, and in the process Mr Schwamm was moved out into the four wide line.
--After seeing the video coverage Mr Schwamm was still unsure whether he had been pushed out prior to the 1000 metre mark.
--Mr P. N. Jones gave evidence and said that he had pushed Mr Schwamm out after the 1000 metre. Mr Jones used video coverage taken from various angles to support his evidence. Mr Jones also said that the video angles were deceptive.
--We adjourned to consider our decision.
--We had looked at the video coverage of this incident on many occasions. The video angles did not give a clear view of when the push out occurred, and we also noted that Mr Schwamm was not convinced that he had been pushed out before the 1000 metre mark.
--
Taking all the above matters into account we were satisfied that there was some doubt that the push out had taken place before the 1000 metre mark, and that Mr Jones was entitled to the benefit of that doubt.
On returning to the Enquiry Room we advised the parties that the protest was dismissed.
----
J. M. Phelan
CHAIR
14092
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: c7cf5564cfeb7aba3f92a898927c1a64
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 09/07/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 9 July 2009 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 2, the Cavell Leitch Law Trot, an information was filed by Stipendiary Steward Mr N. G. McIntyre instigating a protest against the 3rd placing of “Vatuvei” (4) driven by Mr P. N. Jones. It was alleged that Mr Jones had breached the push out rule with about 1050 metres to run when he pushed “Doc’s Delight” (13) wider on the track.
--
Following the running of Race 2, the Cavell Leitch Law Trot, an information was filed by Stipendiary Steward Mr N. G. McIntyre instigating a protest against the 3rd placing of “Vatuvei” (4) driven by Mr P. N. Jones. It was alleged that Mr Jones had breached the push out rule with about 1050 metres to run when he pushed “Doc’s Delight” (13) wider on the track.
--The Information reads as follows.
--“This is a protest against horse number 4 placed 3rd by the judge on the grounds of Rule 869(4), (6)(b) and (c) breach of push out Rule with 1050m to run – Vatuvei (P. N. Jones) moved Doc’s Delight (I. Schwamm) wider on the track.”
--This protest was brought under Rules 869(4), (6)(b) and (c) and (8) which provide as follows.
--“(4) No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress.
--(6) Subject to sub-rule (4) hereof:-
(a)….
(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.
(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.”
Present at the hearing was Mr P. N. Jones the trainer and driver of “Vatuvei”,
and also a part owner, Mr D. F. Emerson. Also present was Mr I. L Schwamm, the owner, trainer and driver of “Doc’s Delight”.
Mr McIntyre called Mr Schwamm to give evidence, and he said that he was moved four wide on the track, but that he was not sure exactly where this was in relation to the 1000 metre mark.
--Video coverage was used to show this incident. At the time Mr Schwamm was following Mr M. P. Jones, who was driving “Royal Loch”, in the three wide line. As the field neared the 1000 metre mark Mr P. N. Jones moved outwards, with the result that he ended up following Mr M. P. Jones, and in the process Mr Schwamm was moved out into the four wide line.
--After seeing the video coverage Mr Schwamm was still unsure whether he had been pushed out prior to the 1000 metre mark.
--Mr P. N. Jones gave evidence and said that he had pushed Mr Schwamm out after the 1000 metre. Mr Jones used video coverage taken from various angles to support his evidence. Mr Jones also said that the video angles were deceptive.
--We adjourned to consider our decision.
--We had looked at the video coverage of this incident on many occasions. The video angles did not give a clear view of when the push out occurred, and we also noted that Mr Schwamm was not convinced that he had been pushed out before the 1000 metre mark.
--
Taking all the above matters into account we were satisfied that there was some doubt that the push out had taken place before the 1000 metre mark, and that Mr Jones was entitled to the benefit of that doubt.
On returning to the Enquiry Room we advised the parties that the protest was dismissed.
----
J. M. Phelan
CHAIR
14092
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a6a11d881f4f16f96fbeac25f84300cd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 364d117816c464cd8abd78a25b657d6c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/07/2009
meet_title: NZ Metro TC - 9 July 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC