NZ Metropolitan TC 26 October 2012 – R 7 (instigating a protest)
ID: JCA14979
Meet Title:
NZ Metro TC - 26 October 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/10/26
Race Number:
R7
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid in accordance with the judge’s placings as set out above.
Facts:
Following the running of Race 7, NRM Sires’ Stakes Series No. 29 (Heat 6), an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against MIGHTY FLYING MAC (D J Dunn), placed 3rd by the judge, on the ground that it caused interference to ERIC CLAPTON (J C Hay), placed 7th by the judge, “shortly after the start resulting in ERIC CLAPTON breaking”.
The judge’s placings were:
1st 9 Classiestar
2nd 8 Franco Nelson
3rd 11 Mighty Flying Mac
4th 12 Bettor Rock On
5th 10 Mexicano
Mr D J Dunn, driver MIGHTY FLYING MAC, was present at the hearing of the information and he indicated that he was representing the connections of that horse in the protest hearing and that the protest was contested. Mr C T Dalgety, trainer of MIGHTY FLYIN MAC, was also present.
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 J C Hay, driver of ERIC CLAPTON, said that his horse had galloped in the early stages of the race due to “general tightening”. He stated that the pressure had come more from the outside than the inside. The gap had closed from both sides – he could not blame Mr Dunn even though he may have “come out a fraction”, he said. ERIC CLAPTON is a big horse with a long stride and its back leg clipped the wheel of Mr Dunn’s sulky, Mr Hay said.
Mr Ydgren then had Mr R A Quirk, Stipendiary Steward, show video replays of the incident shortly after the start of the 1950 metre mobile start event. Mr Quirk pointed out MIGHTY FLYING MAC, drawn barrier 2 on the second row and ERIC CLAPTON, drawn barrier 3 on the front row.
Mr Ydgren submitted that Mr Dunn had clearly shifted out and he pointed out contact between the near hind leg of ERIC CLAPTON and the sulky wheel of MIGHTY FLYING MAC on its inner, as a result of which the former galloped. Mr Hay was asked by the Committee to point out where the pressure was coming from his outside. He pointed out MACHS A FLYIN (M Purdon), and the runners outside that horse, coming across.
Mr Ydgren said that it was the Stewards’ contention that the majority of the shift had come from Mr Dunn on the inside.
Mr Dunn said that the horse that had drawn inside him on the second row, MEXICANO (M W McKendry), had shifted out just after the start, and again shortly after, and had dictated his line. He submitted that MIGHTY FLYING MAC had “not shifted out much at all”, and not enough for the Committee to find that his horse was solely to blame for the interference to ERIC CLAPTON. He referred to the evidence given by Mr Hay as to the pressure/tightening from his outside. He repeated that the movement from his horse was “really, really marginal”.
Mr Dalgety referred to the head-on video replay and the movement of MEXICANO. He submitted that MEXICANO and ERIC CLAPTON had been “wheel-to-wheel”. Mr Dunn was entitled to be where he was and had gone back down when he was able to.
Mr Ydgren conceded that MEXICANO had run out slightly in the early stages. He disputed Mr Dalgety’s submission that it and MIGHTY FLYING MAC were ever wheel-to-wheel and submitted that MEXICANO had not contributed to the outward movement by MIGHTY FLYING MAC.
Reasons for Decision:
The Committee was required to determine whether the interference to ERIC CLAPTON, shortly after the start, resulting in it breaking, was caused by MIGHTY FLYING MAC. We heard from Mr Hay, Mr Ydgren, Mr Dunn and Mr Dalgety and viewed video replays of the relevant part of the race.
It was accepted by all parties, and agreed by the Committee, that the cause of ERIC CLAPTON breaking was its near hind leg making contact with the sulky wheel of MIGHTY FLYING MAC.
The Committee found that there were a number of factors at play. Not the least of these was the pressure applied by horses moving across from the outside after the start. In this regard, the evidence of Mr Hay was quite compelling. He stated that the pressure came more from runners on his outside than from MIGHTY FLYING MAC on his inside. He also said that ERIC CLAPTON is a big horse with a long stride.
In addition, the Committee could not discount that MEXICANO had contributed in some degree to the incident, as it clearly moved off the marker line on a couple of occasions during the relevant part of the race.
Finally, the Committee accepted that, as submitted by Mr Dunn, the outward movement by MIGHTY FLYING MAC was minimal.
Mr Hay said that the interference to his horse was the result of “general tightening” and, weighing up all of the evidence, the Committee agreed. The Committee was not satisfied that MIGHTY FLYING MAC had interfered with the progress or chance of ERIC CLAPTON.
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: 9493428988e8884fd194783d1a0a23a7
informantnumber: A5569
horsename: Mighty Flying Mac
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/10/2012
hearing_title: NZ Metropolitan TC 26 October 2012 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, NRM Sires’ Stakes Series No. 29 (Heat 6), an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against MIGHTY FLYING MAC (D J Dunn), placed 3rd by the judge, on the ground that it caused interference to ERIC CLAPTON (J C Hay), placed 7th by the judge, “shortly after the start resulting in ERIC CLAPTON breaking”.
The judge’s placings were:
1st 9 Classiestar
2nd 8 Franco Nelson
3rd 11 Mighty Flying Mac
4th 12 Bettor Rock On
5th 10 Mexicano
Mr D J Dunn, driver MIGHTY FLYING MAC, was present at the hearing of the information and he indicated that he was representing the connections of that horse in the protest hearing and that the protest was contested. Mr C T Dalgety, trainer of MIGHTY FLYIN MAC, was also present.
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 J C Hay, driver of ERIC CLAPTON, said that his horse had galloped in the early stages of the race due to “general tightening”. He stated that the pressure had come more from the outside than the inside. The gap had closed from both sides – he could not blame Mr Dunn even though he may have “come out a fraction”, he said. ERIC CLAPTON is a big horse with a long stride and its back leg clipped the wheel of Mr Dunn’s sulky, Mr Hay said.
Mr Ydgren then had Mr R A Quirk, Stipendiary Steward, show video replays of the incident shortly after the start of the 1950 metre mobile start event. Mr Quirk pointed out MIGHTY FLYING MAC, drawn barrier 2 on the second row and ERIC CLAPTON, drawn barrier 3 on the front row.
Mr Ydgren submitted that Mr Dunn had clearly shifted out and he pointed out contact between the near hind leg of ERIC CLAPTON and the sulky wheel of MIGHTY FLYING MAC on its inner, as a result of which the former galloped. Mr Hay was asked by the Committee to point out where the pressure was coming from his outside. He pointed out MACHS A FLYIN (M Purdon), and the runners outside that horse, coming across.
Mr Ydgren said that it was the Stewards’ contention that the majority of the shift had come from Mr Dunn on the inside.
Mr Dunn said that the horse that had drawn inside him on the second row, MEXICANO (M W McKendry), had shifted out just after the start, and again shortly after, and had dictated his line. He submitted that MIGHTY FLYING MAC had “not shifted out much at all”, and not enough for the Committee to find that his horse was solely to blame for the interference to ERIC CLAPTON. He referred to the evidence given by Mr Hay as to the pressure/tightening from his outside. He repeated that the movement from his horse was “really, really marginal”.
Mr Dalgety referred to the head-on video replay and the movement of MEXICANO. He submitted that MEXICANO and ERIC CLAPTON had been “wheel-to-wheel”. Mr Dunn was entitled to be where he was and had gone back down when he was able to.
Mr Ydgren conceded that MEXICANO had run out slightly in the early stages. He disputed Mr Dalgety’s submission that it and MIGHTY FLYING MAC were ever wheel-to-wheel and submitted that MEXICANO had not contributed to the outward movement by MIGHTY FLYING MAC.
reasonsfordecision:
The Committee was required to determine whether the interference to ERIC CLAPTON, shortly after the start, resulting in it breaking, was caused by MIGHTY FLYING MAC. We heard from Mr Hay, Mr Ydgren, Mr Dunn and Mr Dalgety and viewed video replays of the relevant part of the race.
It was accepted by all parties, and agreed by the Committee, that the cause of ERIC CLAPTON breaking was its near hind leg making contact with the sulky wheel of MIGHTY FLYING MAC.
The Committee found that there were a number of factors at play. Not the least of these was the pressure applied by horses moving across from the outside after the start. In this regard, the evidence of Mr Hay was quite compelling. He stated that the pressure came more from runners on his outside than from MIGHTY FLYING MAC on his inside. He also said that ERIC CLAPTON is a big horse with a long stride.
In addition, the Committee could not discount that MEXICANO had contributed in some degree to the incident, as it clearly moved off the marker line on a couple of occasions during the relevant part of the race.
Finally, the Committee accepted that, as submitted by Mr Dunn, the outward movement by MIGHTY FLYING MAC was minimal.
Mr Hay said that the interference to his horse was the result of “general tightening” and, weighing up all of the evidence, the Committee agreed. The Committee was not satisfied that MIGHTY FLYING MAC had interfered with the progress or chance of ERIC CLAPTON.
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid in accordance with the judge’s placings as set out above.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(8)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Licensed Open Driver, J C Hay
Respondent: D J Dunn, Licensed Open Driver
StipendSteward:
raceid: 880cb836f681ba9ee263ca6ab3f64d1b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3012b6ba5f17389d6af3f46a437675fa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/10/2012
meet_title: NZ Metro TC - 26 October 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC