NZMTC 27 July 2012 – R7 (instigating a protest)
ID: JCA12895
Meet Title:
NZ Metro TC - 27 July 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JMillar
Race Date:
2012/07/27
Race Number:
R7
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid in accordance with the judge’s placings.
Facts:
Following the running of Race 7, Cablecraft Christchurch Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against UNICO ROSE (K G Cameron), placed 1st by the judge, by GRESHEES ANGEL (B M Williamson), placed 10th by the judge and DEBS PAL (B M Thomas), pulled up, on the ground of “interference near the 1100 metres when UNICO DASH shifted outwards resulting in GRESHEES ANGEL being checked which in turn checked DEBS PAL.”
Mr K G Cameron, driver of UNICO DASH, was present at the hearing of the information and he indicated that he was representing the connections of that horse in the protest hearing. He was assisted by Licensed Open Horseman, Mr B N Orange.
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 B M Williamson, driver of GRESHEES ANGEL, said that near the 100 metres he had been improving to try to get to the parked position. His horse was “lugging in a wee bit” on UNICO DASH which had run out “a wee bit”. As he corrected his own horse, Mr Williamson said, it had come out and galloped. He could not put the blame solely on UNICO DASH for his horse galloping, Mr Williamson said, because his own horse was hanging. Had his horse not been hanging, the small check received from UNICO DASH would not have mattered, he said.
Mr B M Thomas, driver of DEBS PAL, said that he had noticed that GRESHEES ANGEL was hanging in. It put in a few rough strides and galloped in front of him. He tried to avoid it but his horse overreacted and itself galloped, he said.
Mr Renault had Mr N G McIntyre, Stipendiary Steward, show video replays of the relevant part of the race. He identified the relevant runners. On the apex of the turn, UNICO DASH had got its head round and shifted out onto GRESHEES ANGEL, he said. He showed UNICO DASH move out and Mr Williamson take hold of his horse, shift up the track and his horse broke.
Mr Renault submitted that it could be clearly seen that UNICO DASH raced greenly and had shifted outwards. At that point, Mr Williamson had to check his horse off it and it had broken. Mr Renault accepted that GRESHEES ANGEL had, quite clearly, been hanging in.
Mr Orange, on behalf of Mr Cameron, used the video replay and alleged that GRESHEES ANGEL had “leaned all over the top of” UNICO DASH around the bend and GRESHEES ANGEL’s sulky wheel had touched UNICO DASH causing that horse to “skip for a stride”. Had GRESHEES ANGEL not hung in and touched the leg of UNICO ROSE, the latter would not have galloped at all. UNICO DASH had hung out slightly, Mr Orange said. Mr Williamson was asked to respond to Mr Orange’s submissions and he stated that he agreed with them.
Mr Cameron said that GRESHEES ANGEL was hanging in and, rounding the bend, had “ducked in” and touched the leg of UNICO DASH.
Mr J R Dunn, Licensed Open Horseman, assisting Mr Williamson, said that he agreed that the incident could have been avoided had GRESHEES ANGEL been steering straight. The latter should not have galloped, he said.
Reasons for Decision:
The allegation of the Stewards was that UNICO DASH had caused interference to GRESHEES ANGEL, with consequential interference to DEBS PAL, when it shifted outwards with approximately 1100 metres to run. UNICO DASH had been racing outside the leader and GRESHEES ANGEL was endeavouring to improve past it to the parked position.
The Committee viewed the video replays of the incident in which GRESHEES ANGEL broke and heard from the Stipendiary Stewards, the three drivers involved and two senior horsemen assisting two of those drivers.
The Committee finds, on the basis of the evidence, that UNICO DASH did shift outwards as alleged, albeit slightly. It also finds that GRESHEES ANGEL, which was improving around UNICO DASH, was hanging in. This was acknowledged by the witnesses, was accepted by Mr Renault and was quite apparent from the video replays. The movement from both horses was minimal and it is likely that both contributed to what happened, although it is impossible to apportion responsibility.
For the Committee to consider upholding the protest, it is necessary for it to be satisfied, on a balance of probabilities, that UNICO DASH had interfered with the progress or chance of GRESHEES ANGEL. For us to be satisfied to that standard, we have to be satisfied that it was more probable than not that UNICO DASH so interfered. On the evidence, we cannot be satisfied.
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: 65d36f212b285cfeedeeaaadf5e60e3a
informantnumber: A1803
horsename: UNICO DASH
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/07/2012
hearing_title: NZMTC 27 July 2012 - R7 (instigating a protest)
charge:
facts:
Following the running of Race 7, Cablecraft Christchurch Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against UNICO ROSE (K G Cameron), placed 1st by the judge, by GRESHEES ANGEL (B M Williamson), placed 10th by the judge and DEBS PAL (B M Thomas), pulled up, on the ground of “interference near the 1100 metres when UNICO DASH shifted outwards resulting in GRESHEES ANGEL being checked which in turn checked DEBS PAL.”
Mr K G Cameron, driver of UNICO DASH, was present at the hearing of the information and he indicated that he was representing the connections of that horse in the protest hearing. He was assisted by Licensed Open Horseman, Mr B N Orange.
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 B M Williamson, driver of GRESHEES ANGEL, said that near the 100 metres he had been improving to try to get to the parked position. His horse was “lugging in a wee bit” on UNICO DASH which had run out “a wee bit”. As he corrected his own horse, Mr Williamson said, it had come out and galloped. He could not put the blame solely on UNICO DASH for his horse galloping, Mr Williamson said, because his own horse was hanging. Had his horse not been hanging, the small check received from UNICO DASH would not have mattered, he said.
Mr B M Thomas, driver of DEBS PAL, said that he had noticed that GRESHEES ANGEL was hanging in. It put in a few rough strides and galloped in front of him. He tried to avoid it but his horse overreacted and itself galloped, he said.
Mr Renault had Mr N G McIntyre, Stipendiary Steward, show video replays of the relevant part of the race. He identified the relevant runners. On the apex of the turn, UNICO DASH had got its head round and shifted out onto GRESHEES ANGEL, he said. He showed UNICO DASH move out and Mr Williamson take hold of his horse, shift up the track and his horse broke.
Mr Renault submitted that it could be clearly seen that UNICO DASH raced greenly and had shifted outwards. At that point, Mr Williamson had to check his horse off it and it had broken. Mr Renault accepted that GRESHEES ANGEL had, quite clearly, been hanging in.
Mr Orange, on behalf of Mr Cameron, used the video replay and alleged that GRESHEES ANGEL had “leaned all over the top of” UNICO DASH around the bend and GRESHEES ANGEL’s sulky wheel had touched UNICO DASH causing that horse to “skip for a stride”. Had GRESHEES ANGEL not hung in and touched the leg of UNICO ROSE, the latter would not have galloped at all. UNICO DASH had hung out slightly, Mr Orange said. Mr Williamson was asked to respond to Mr Orange’s submissions and he stated that he agreed with them.
Mr Cameron said that GRESHEES ANGEL was hanging in and, rounding the bend, had “ducked in” and touched the leg of UNICO DASH.
Mr J R Dunn, Licensed Open Horseman, assisting Mr Williamson, said that he agreed that the incident could have been avoided had GRESHEES ANGEL been steering straight. The latter should not have galloped, he said.
reasonsfordecision:
The allegation of the Stewards was that UNICO DASH had caused interference to GRESHEES ANGEL, with consequential interference to DEBS PAL, when it shifted outwards with approximately 1100 metres to run. UNICO DASH had been racing outside the leader and GRESHEES ANGEL was endeavouring to improve past it to the parked position.
The Committee viewed the video replays of the incident in which GRESHEES ANGEL broke and heard from the Stipendiary Stewards, the three drivers involved and two senior horsemen assisting two of those drivers.
The Committee finds, on the basis of the evidence, that UNICO DASH did shift outwards as alleged, albeit slightly. It also finds that GRESHEES ANGEL, which was improving around UNICO DASH, was hanging in. This was acknowledged by the witnesses, was accepted by Mr Renault and was quite apparent from the video replays. The movement from both horses was minimal and it is likely that both contributed to what happened, although it is impossible to apportion responsibility.
For the Committee to consider upholding the protest, it is necessary for it to be satisfied, on a balance of probabilities, that UNICO DASH had interfered with the progress or chance of GRESHEES ANGEL. For us to be satisfied to that standard, we have to be satisfied that it was more probable than not that UNICO DASH so interfered. On the evidence, we cannot be satisfied.
Decision:
The protest was dismissed. It was ordered that dividends and stakes be paid in accordance with the judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 869(8)
Informant: SP Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: BM Orange - Licensed Open Driver, BN Thomas - Licensed Junior Driver, BM Williamson - Licensed Junior Horseman, JR Dunn - Assisting Mr Williamson, NG McIntyre - Stipendiary Steward
Respondent: KG Cameron - Licensed Junior Driver
StipendSteward:
raceid: d8fefbc93f06469d87bbd7313ff14b11
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: de06cc32d2381b80f90f96c7fe760524
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/07/2012
meet_title: NZ Metro TC - 27 July 2012
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