NZ Metro TC 9 November 2010 – R 3 (instigating a protest)
ID: JCA11303
Meet Title:
NZ Metro TC - 9 November 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2010/11/09
Race Number:
R 3
Decision:
On our return to the Enquiry Room we advised the parties that a full written decision would be given later, and we gave the following oral decision.
“We are satisfied that there was interference which affected the chances of “No Courage Russell” and we uphold the protest.”
As a result of this decision “Paradise City” was relegated to behind “No Courage Russell”. At the hearing it was stated that “Paradise City” was relegated to 14th place. However, we had not taken into account that “Matt Maguire” had previously been disqualified leaving only 13 starters. In fact “Paradise City” was relegated to 13th place.
The amended places are as follows.
1st – Pay Me Cullen (4)
2nd – Ruby Ann (14)
3rd – Glengowan (13)
4th – Borat (10)
5th – Not Home Enough (16)
6th - Tesoro (15)
“We are satisfied that there was interference which affected the chances of “No Courage Russell” and we uphold the protest.”
As a result of this decision “Paradise City” was relegated to behind “No Courage Russell”. At the hearing it was stated that “Paradise City” was relegated to 14th place. However, we had not taken into account that “Matt Maguire” had previously been disqualified leaving only 13 starters. In fact “Paradise City” was relegated to 13th place.
The amended places are as follows.
1st – Pay Me Cullen (4)
2nd – Ruby Ann (14)
3rd – Glengowan (13)
4th – Borat (10)
5th – Not Home Enough (16)
6th - Tesoro (15)
Facts:
Following the running of Race 3, the Cromwell Lake Dunstan Mobile Pace, an information Instigating a Protest was filed by Chief Stipendiary Steward Mr N. R. Escott alleging interference by “Paradise City” (6), driven by Mr J. T. Keast, to “No Courage Russell” (5), driven by Mr S. P. Walkinshaw.
The Information reads as follows.
“This is a protest against horse number (6) placed 2nd by the Judge on the grounds of interference to horse number (5) shortly after the start.”
Rule 869(8) provides as follows.
“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 “Paradise City” were represented at this hearing by trainer Mr R. B. Ward, driver Mr J. T. Keast, and Mr S. Ward a representative of Pentagonal Trust, the owner of the horse. Mr S. P. Walkinshaw, the driver of “No Courage Russell”, represented the interests of that horse. All parties indicated that they understood the Rule and the nature of the protest.
The Information reads as follows.
“This is a protest against horse number (6) placed 2nd by the Judge on the grounds of interference to horse number (5) shortly after the start.”
Rule 869(8) provides as follows.
“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 “Paradise City” were represented at this hearing by trainer Mr R. B. Ward, driver Mr J. T. Keast, and Mr S. Ward a representative of Pentagonal Trust, the owner of the horse. Mr S. P. Walkinshaw, the driver of “No Courage Russell”, represented the interests of that horse. All parties indicated that they understood the Rule and the nature of the protest.
Submissions for Decision:
Mr Escott called Mr S. P. Walkinshaw, the driver of “No Courage Russell”, to give evidence. He said that shortly after the start “Paradise City”, which had drawn on his outside, crossed over when not clear, and this horse’s inside sulky wheel struck his horse’s leg causing it to break.
Stipendiary Steward Mrs Williams used video coverage to illustrate this incident.
In answer to questions Mr Walkinshaw said that during this incident he was holding his line, and that he was not driving his horse forward. It was put to Mr Walkinshaw that he should have eased his horse to avoid this incident.
Mr Keast gave evidence that he had got “three quarters” across “No Courage Russell” and that this horse drove over his wheel. He also said that Mr Walkinshaw had an obligation. It was the case for the connections of “Paradise City” that Mr Walkinshaw had continued to drive his horse forward when he had clearly been crossed. Mr Walkinshaw disagreed, and said that he was not “chasing’ his horse forward, but just holding his position.
Stipendiary Steward Mrs Williams used video coverage to illustrate this incident.
In answer to questions Mr Walkinshaw said that during this incident he was holding his line, and that he was not driving his horse forward. It was put to Mr Walkinshaw that he should have eased his horse to avoid this incident.
Mr Keast gave evidence that he had got “three quarters” across “No Courage Russell” and that this horse drove over his wheel. He also said that Mr Walkinshaw had an obligation. It was the case for the connections of “Paradise City” that Mr Walkinshaw had continued to drive his horse forward when he had clearly been crossed. Mr Walkinshaw disagreed, and said that he was not “chasing’ his horse forward, but just holding his position.
Both parties were given the opportunity to summarise their respective cases.
We adjourned to consider our decision.
Reasons for Decision:
We carefully reviewed the evidence and the video coverage and we were satisfied that Mr Keast had moved across “No Courage Russell” when not clear of that horse. This resulted in contact between the inside sulky wheel of “Paradise City” and “No Courage Russell’s” front leg, with the result that “No Courage Russell” broke and lost its chance.
JCA Decision Fields (raw)
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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: 192d7a9b63c633f22bc37849dd1fe8f9
informantnumber: 13714
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 16/11/2010
hearing_title: NZ Metro TC 9 November 2010 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3, the Cromwell Lake Dunstan Mobile Pace, an information Instigating a Protest was filed by Chief Stipendiary Steward Mr N. R. Escott alleging interference by “Paradise City” (6), driven by Mr J. T. Keast, to “No Courage Russell” (5), driven by Mr S. P. Walkinshaw.
The Information reads as follows.
“This is a protest against horse number (6) placed 2nd by the Judge on the grounds of interference to horse number (5) shortly after the start.”
Rule 869(8) provides as follows.
“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 “Paradise City” were represented at this hearing by trainer Mr R. B. Ward, driver Mr J. T. Keast, and Mr S. Ward a representative of Pentagonal Trust, the owner of the horse. Mr S. P. Walkinshaw, the driver of “No Courage Russell”, represented the interests of that horse. All parties indicated that they understood the Rule and the nature of the protest.
The Information reads as follows.
“This is a protest against horse number (6) placed 2nd by the Judge on the grounds of interference to horse number (5) shortly after the start.”
Rule 869(8) provides as follows.
“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 “Paradise City” were represented at this hearing by trainer Mr R. B. Ward, driver Mr J. T. Keast, and Mr S. Ward a representative of Pentagonal Trust, the owner of the horse. Mr S. P. Walkinshaw, the driver of “No Courage Russell”, represented the interests of that horse. All parties indicated that they understood the Rule and the nature of the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Escott called Mr S. P. Walkinshaw, the driver of “No Courage Russell”, to give evidence. He said that shortly after the start “Paradise City”, which had drawn on his outside, crossed over when not clear, and this horse’s inside sulky wheel struck his horse’s leg causing it to break.
Stipendiary Steward Mrs Williams used video coverage to illustrate this incident.
In answer to questions Mr Walkinshaw said that during this incident he was holding his line, and that he was not driving his horse forward. It was put to Mr Walkinshaw that he should have eased his horse to avoid this incident.
Mr Keast gave evidence that he had got “three quarters” across “No Courage Russell” and that this horse drove over his wheel. He also said that Mr Walkinshaw had an obligation. It was the case for the connections of “Paradise City” that Mr Walkinshaw had continued to drive his horse forward when he had clearly been crossed. Mr Walkinshaw disagreed, and said that he was not “chasing’ his horse forward, but just holding his position.
Stipendiary Steward Mrs Williams used video coverage to illustrate this incident.
In answer to questions Mr Walkinshaw said that during this incident he was holding his line, and that he was not driving his horse forward. It was put to Mr Walkinshaw that he should have eased his horse to avoid this incident.
Mr Keast gave evidence that he had got “three quarters” across “No Courage Russell” and that this horse drove over his wheel. He also said that Mr Walkinshaw had an obligation. It was the case for the connections of “Paradise City” that Mr Walkinshaw had continued to drive his horse forward when he had clearly been crossed. Mr Walkinshaw disagreed, and said that he was not “chasing’ his horse forward, but just holding his position.
Both parties were given the opportunity to summarise their respective cases.
We adjourned to consider our decision.
reasonsfordecision:
We carefully reviewed the evidence and the video coverage and we were satisfied that Mr Keast had moved across “No Courage Russell” when not clear of that horse. This resulted in contact between the inside sulky wheel of “Paradise City” and “No Courage Russell’s” front leg, with the result that “No Courage Russell” broke and lost its chance.
Decision:
On our return to the Enquiry Room we advised the parties that a full written decision would be given later, and we gave the following oral decision.
“We are satisfied that there was interference which affected the chances of “No Courage Russell” and we uphold the protest.”
As a result of this decision “Paradise City” was relegated to behind “No Courage Russell”. At the hearing it was stated that “Paradise City” was relegated to 14th place. However, we had not taken into account that “Matt Maguire” had previously been disqualified leaving only 13 starters. In fact “Paradise City” was relegated to 13th place.
The amended places are as follows.
1st – Pay Me Cullen (4)
2nd – Ruby Ann (14)
3rd – Glengowan (13)
4th – Borat (10)
5th – Not Home Enough (16)
6th - Tesoro (15)
“We are satisfied that there was interference which affected the chances of “No Courage Russell” and we uphold the protest.”
As a result of this decision “Paradise City” was relegated to behind “No Courage Russell”. At the hearing it was stated that “Paradise City” was relegated to 14th place. However, we had not taken into account that “Matt Maguire” had previously been disqualified leaving only 13 starters. In fact “Paradise City” was relegated to 13th place.
The amended places are as follows.
1st – Pay Me Cullen (4)
2nd – Ruby Ann (14)
3rd – Glengowan (13)
4th – Borat (10)
5th – Not Home Enough (16)
6th - Tesoro (15)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: Mr N R Escott
JockeysandTrainer:
Otherperson:
PersonPresent: Mr SP Walkinshaw, driver of "No Courage Russell', Mr R B Ward, trainer of "Paradise City", Mr J Keast, driver of "Paradise City"
Respondent:
StipendSteward:
raceid: 5b597194cc5e8798723d90844ef2d883
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7636e62d57f70b624d41997f8ab2ceb8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/11/2010
meet_title: NZ Metro TC - 9 November 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC