NZ Metropolitan TC 4 February 2021 – R 5 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA11115
Meet Title:
NZ Metro TC - 4 February 2021
Meet Chair:
RMcKenzie
Race Date:
2021/02/04
Race Number:
R5
Decision:
The protest was upheld and MISS IMPRESSION was disqualified.
Consequent upon the disqaulification, the amended result for the race is as follows:
1st - 7 Trinity Star
2nd - 11 Bettor Talk Art
3rd - 12 Kowhai Magic
4th - 10 Mabalene
5th - 6 Dashtothebeach
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 5, Spectators New $15 Daily Deals Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward, Mr SP Renault, against MISS IMPRESSION (JC Morrison), placed 2nd by the judge, on the ground that “on the final bend it raced inside pylons and improved its position therefore gaining an advantage”.
Mr Morrison was present at the hearing and he indicated that he was authorised to represent the connections of MISS IMPRESSION. He also waived assistance from a senior driver.
Rule 869 provides as follows:
(7B) Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.
The judge’s placings for the race were:
1st - 7 Trinity Star
2nd - 2 Miss Impression
3rd - 11 Bettor Talk Art
4th - 12 Kowhai Magic
5th - 10 Mabalene
Submissions for Decision:
Mr Renault pointed out, on a video replay, Mr Morrison driving MISS IMPRESSION racing three places back on the markers as the field approached the home turn, racing immediately behind MAJORCA, driven by CD Thornley, which was trailing the leader. As the field entered the straight, Mr Renault said, Mr Morrison shifted inwards to the inside of Mr Thornley, where there was insufficient room, and improved his position, brushing a pylon and going inside the next two. In doing so, Mr Morrison had gained an advantage of approximately a half-length, but gained a run before he was entitled to it.
MISS IMPRESSION ran on and finished in 2nd placing, Mr Renault said. Mr Morrison had misjudged the situation and gone too early.
Mr Morrison argued that he had not gained any advantage over the 3rd placed runner and had probably come from behind it to run 2nd. The margin between 2nd and 3rd was a half neck, he said. Mr Thornley’s runner in front had been tiring, he said. He had restrained his horse, which was “travelling hard”, to avoid striking its wheel and the horse had taken an inside run over track markers.
At this point of the hearing, the Committee explained to Mr Morrison that this was not a protest, 3rd against 2nd, and the relative runs of the two runners and any margin at the finish was not in issue. The issue was whether he had gained an advantage in moving inside the track marker line.
Reasons for Decision:
The Committee was satisfied that the sulky wheel of MISS IMPRESSION had moved inside, and well inside, the track marker line (two pylons) free of interference and, in doing so, had gained an advantage in that it obtained a run to the inside of MAJORCA that was not available at the time, and before it was entitled to that run. Having so found, the disqualification of MISS IMPRESSION was mandatory in terms of the Rule referred to above.
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: 169683bf30af6facfcaf4fdc142ea03d
informantnumber: A13645
horsename: MISS IMPRESSION
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 08/02/2021
hearing_title: NZ Metropolitan TC 4 February 2021 - R 5 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Spectators New $15 Daily Deals Mobile Pace, an Information instigating a protest was filed by Stipendiary Steward, Mr SP Renault, against MISS IMPRESSION (JC Morrison), placed 2nd by the judge, on the ground that “on the final bend it raced inside pylons and improved its position therefore gaining an advantage”.
Mr Morrison was present at the hearing and he indicated that he was authorised to represent the connections of MISS IMPRESSION. He also waived assistance from a senior driver.
Rule 869 provides as follows:
(7B) Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or driver.
The judge’s placings for the race were:
1st - 7 Trinity Star
2nd - 2 Miss Impression
3rd - 11 Bettor Talk Art
4th - 12 Kowhai Magic
5th - 10 Mabalene
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault pointed out, on a video replay, Mr Morrison driving MISS IMPRESSION racing three places back on the markers as the field approached the home turn, racing immediately behind MAJORCA, driven by CD Thornley, which was trailing the leader. As the field entered the straight, Mr Renault said, Mr Morrison shifted inwards to the inside of Mr Thornley, where there was insufficient room, and improved his position, brushing a pylon and going inside the next two. In doing so, Mr Morrison had gained an advantage of approximately a half-length, but gained a run before he was entitled to it.
MISS IMPRESSION ran on and finished in 2nd placing, Mr Renault said. Mr Morrison had misjudged the situation and gone too early.
Mr Morrison argued that he had not gained any advantage over the 3rd placed runner and had probably come from behind it to run 2nd. The margin between 2nd and 3rd was a half neck, he said. Mr Thornley’s runner in front had been tiring, he said. He had restrained his horse, which was “travelling hard”, to avoid striking its wheel and the horse had taken an inside run over track markers.
At this point of the hearing, the Committee explained to Mr Morrison that this was not a protest, 3rd against 2nd, and the relative runs of the two runners and any margin at the finish was not in issue. The issue was whether he had gained an advantage in moving inside the track marker line.
reasonsfordecision:
The Committee was satisfied that the sulky wheel of MISS IMPRESSION had moved inside, and well inside, the track marker line (two pylons) free of interference and, in doing so, had gained an advantage in that it obtained a run to the inside of MAJORCA that was not available at the time, and before it was entitled to that run. Having so found, the disqualification of MISS IMPRESSION was mandatory in terms of the Rule referred to above.
Decision:
The protest was upheld and MISS IMPRESSION was disqualified.
Consequent upon the disqaulification, the amended result for the race is as follows:
1st - 7 Trinity Star
2nd - 11 Bettor Talk Art
3rd - 12 Kowhai Magic
4th - 10 Mabalene
5th - 6 Dashtothebeach
It was ordered that stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 869(7B)
Informant: Stipendiary Steward, Mr SP Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr JC Morrison - Licensed Junior Driver
StipendSteward:
raceid: 7f6759f88a1d6483ae2d870832f2c7c3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2e0f3c09a61d50ee20ba00693f9e743a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/02/2021
meet_title: NZ Metro TC - 4 February 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC