Timaru HRC – 13 April 2010 – R 2
ID: JCA22866
Hearing Type (Code):
harness-racing
Meet Title:
Timaru HRC - 13 April 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/04/13
Race Number:
R 2
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N M Ygren – Stipendiary Steward
--Defendant: N/A
--Information No: 13941 (instigating a protest)
--Meeting: Timaru Harness Racing Club
--Date: 13 April 2010
--Venue: Phar Lap Raceway
--Race: 2
--Rule No: 857 (7) (g) & 862 (2)
--Judicial Committee: R G McKenzie, Chairman – J M Phelan, Committee Member
----
Following the running of Race 2, Lis Mara Discretionary Handicap Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against MEGLO (G A Payne), placed 2nd by the judge, on the grounds of a breach of Rules 857 (7) (g) and 862 (2) in that it “failed to come up into and maintain his position at the start”.
----
Mr Payne, the trainer and driver of MEGLO, was present at the hearing of the information and he indicated that he represented the connections of MEGLO.
----
Rule 857 (7) (g) provides as follows:
--No horseman shall:
--(g) fail to come up into and/or maintain his position.
----
Rule 862 provides as follows:
--(2) No horseman shall permit a horse and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860 (8).
----
Mr Ydgren stated that MEGLO had been drawn to start from position 1 on the 10 metres mark. He showed to the Committee a video replay of the start of the 2600 metres event. He pointed out MEGLO and alleged that it had started from position 6 or 7 on the 10 metres. When questioned by the Stewards after the Race, Mr Payne explained that he had been told by a starter’s assistant that it was in order for him to start out there.
----
Mr Ydgren called the starter’s assistant, Mr Ian Sowden, to give evidence to the hearing. He confirmed that he had been approached by Mr Payne prior to the start of the Race. Mr Payne had asked him where he could start from, to which Mr Sowden had replied that he was the only horse on 10 metres. Mr Sowden told him he was not too sure if it was in order for him to start there. He said that he did not give Mr Payne permission to start from there.
----
Mr Payne stated that he had been informed by Mr Sowden that it was in order for him to start out wide because he was the only horse on 10 metres. He was aware that he had drawn barrier position 1. He elected to start out wide, believing he was permitted to do so, “to keep out of everybody’s way”. He pointed out that the horse had run out at the start. He did not believe his horse had gained an advantage.
----
Mr Ydgren submitted that starting wider on the track could possibly give a horse an advantage by allowing it to improve around the field more quickly to take up a favourable position after the start, but that had not happened in this case.
----
It was clear, and not disputed by Mr Payne, that MEGLO had started from an incorrect barrier position – from 6 or 7 instead of the correct position of 1. There was a conflict between the evidence of the starter’s assistant, Mr Sowden, and Mr Payne as to the exact conversation that took place between them as the horses were lining for the start. However, the Committee did not see this as being material to the outcome of the protest.
----
The Committee was satisfied that Mr Payne held a genuine belief that he was entitled to take up the position that he did on the 10 metres line and that his reason for doing so was not to gain any advantage. Furthermore, the Committee was satisfied that MEGLO did not gain any actual advantage. It is significant that MEGLO was the sole runner on the 10 metres line.
----
Having found that MEGLO gained no advantage whatsoever as a result of starting wider than position 1, the Committee was of the view that it was not appropriate to disqualify the horse from 2nd placing in the Race.
----
The protest was dismissed and the judge’s placings for the Race stand.
----
--
R G McKenzie J M Phelan
--CHAIR Committee Member
--13941
----
--
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: ea980f5b17c7faef518a84330c3b97db
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 13/04/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 13 April 2010 - R 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N M Ygren – Stipendiary Steward
--Defendant: N/A
--Information No: 13941 (instigating a protest)
--Meeting: Timaru Harness Racing Club
--Date: 13 April 2010
--Venue: Phar Lap Raceway
--Race: 2
--Rule No: 857 (7) (g) & 862 (2)
--Judicial Committee: R G McKenzie, Chairman – J M Phelan, Committee Member
----
Following the running of Race 2, Lis Mara Discretionary Handicap Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against MEGLO (G A Payne), placed 2nd by the judge, on the grounds of a breach of Rules 857 (7) (g) and 862 (2) in that it “failed to come up into and maintain his position at the start”.
----
Mr Payne, the trainer and driver of MEGLO, was present at the hearing of the information and he indicated that he represented the connections of MEGLO.
----
Rule 857 (7) (g) provides as follows:
--No horseman shall:
--(g) fail to come up into and/or maintain his position.
----
Rule 862 provides as follows:
--(2) No horseman shall permit a horse and no horse shall start other than from its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860 (8).
----
Mr Ydgren stated that MEGLO had been drawn to start from position 1 on the 10 metres mark. He showed to the Committee a video replay of the start of the 2600 metres event. He pointed out MEGLO and alleged that it had started from position 6 or 7 on the 10 metres. When questioned by the Stewards after the Race, Mr Payne explained that he had been told by a starter’s assistant that it was in order for him to start out there.
----
Mr Ydgren called the starter’s assistant, Mr Ian Sowden, to give evidence to the hearing. He confirmed that he had been approached by Mr Payne prior to the start of the Race. Mr Payne had asked him where he could start from, to which Mr Sowden had replied that he was the only horse on 10 metres. Mr Sowden told him he was not too sure if it was in order for him to start there. He said that he did not give Mr Payne permission to start from there.
----
Mr Payne stated that he had been informed by Mr Sowden that it was in order for him to start out wide because he was the only horse on 10 metres. He was aware that he had drawn barrier position 1. He elected to start out wide, believing he was permitted to do so, “to keep out of everybody’s way”. He pointed out that the horse had run out at the start. He did not believe his horse had gained an advantage.
----
Mr Ydgren submitted that starting wider on the track could possibly give a horse an advantage by allowing it to improve around the field more quickly to take up a favourable position after the start, but that had not happened in this case.
----
It was clear, and not disputed by Mr Payne, that MEGLO had started from an incorrect barrier position – from 6 or 7 instead of the correct position of 1. There was a conflict between the evidence of the starter’s assistant, Mr Sowden, and Mr Payne as to the exact conversation that took place between them as the horses were lining for the start. However, the Committee did not see this as being material to the outcome of the protest.
----
The Committee was satisfied that Mr Payne held a genuine belief that he was entitled to take up the position that he did on the 10 metres line and that his reason for doing so was not to gain any advantage. Furthermore, the Committee was satisfied that MEGLO did not gain any actual advantage. It is significant that MEGLO was the sole runner on the 10 metres line.
----
Having found that MEGLO gained no advantage whatsoever as a result of starting wider than position 1, the Committee was of the view that it was not appropriate to disqualify the horse from 2nd placing in the Race.
----
The protest was dismissed and the judge’s placings for the Race stand.
----
--
R G McKenzie J M Phelan
--CHAIR Committee Member
--13941
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 857 (7) (g) & 862 (2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a66d37f0513bc2b71fff2992ae978a56
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cf6c18711d02f46262add5fc37a4b3b0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/04/2010
meet_title: Timaru HRC - 13 April 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Timaru HRC