NZ Metro TC 24 August 2012 – R 5 (instigating a protest)
ID: JCA10481
Meet Title:
NZ Metro TC - 24 August 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2012/08/24
Race Number:
R5
Decision:
The protest was upheld and SZYBKA BRAT was relegated from 1st to 3rd placing. Consequent upon the relegation, the amended result for the race is as follows:
1st 7 Mullingar Mac
2nd 13 Eastwood Cullen
3rd 8 Szybka Brat
4th 11 Guinness Icon
5th 10 Highview Phantom
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 5, Chevron Cars Direct “Young at Heart Series” (Heat 5) Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against SZYBKA BRAT (G C Telfer), placed 1st by the judge, on the ground that it “broke over the concluding stages and was lapped on by MULLINGAR MAC and EASTWOOD CULLEN.”
Mr Telfer, part-owner, trainer and driver of SZYBKA BRAT, was present at the hearing of the information. He indicated that the protest was contested.
Rule 870 provides as follows:
(5) Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869 (8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
The judge’s official margins were a ½ neck, a ½ length and a neck.
Submissions for Decision:
Mr Wallis showed a video of the final 100 metres of the race. He pointed out SZYBKA BRAT, driven by Mr Telfer, widest on the track. It reached the lead, then paced roughly and galloped, Mr Wallis said. He said that the Stewards believed that, when the horse’s nose reached the finishing line, it was in a break. Just after the line, the horse settled back into a “half-pie pacing motion”.
Mr Wallis produced the official photo finish of the race. It was not definitive of SZYBKA BRAT’s gait at the finishing line as it was obscured by other runners. Mr Wallis paused the video replay as the horse’s nose reached the finishing line. It was not in its proper gait, he submitted.
Mr Telfer said that he accepted that the horse was “going rough” but he questioned whether it was in a break when it reached the finishing line.
The photo finish was shown to Mr Telfer who accepted, on looking at it, that SZYBKA BRAT was lapped on by the 2nd and 3rd place runners.
Reasons for Decision:
The Committee was satisfied that SZYBKA BRAT was not in its correct gait when its nose reached the finishing line and, further, that it was lapped on by the 2nd placed runner, MULLINGAR MAC and 3rd placed, EASTWOOD CULLEN, each in its correct gait.
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: 04dc606c0b503e36cafd1a0940ac862b
informantnumber: A5628
horsename: Szybka Brat
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/07/2012
hearing_title: NZ Metro TC 24 August 2012 - R 5 (instigating a protest)
charge:
facts:
Following the running of Race 5, Chevron Cars Direct “Young at Heart Series” (Heat 5) Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against SZYBKA BRAT (G C Telfer), placed 1st by the judge, on the ground that it “broke over the concluding stages and was lapped on by MULLINGAR MAC and EASTWOOD CULLEN.”
Mr Telfer, part-owner, trainer and driver of SZYBKA BRAT, was present at the hearing of the information. He indicated that the protest was contested.
Rule 870 provides as follows:
(5) Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line and which is lapped on by any other horse or horses in the correct gait shall be placed by the Judicial Committee behind such horse or horses provided that where such first mentioned horse is not in its correct gait as a result of interference to such horse or its horseman, then (subject to Rule 869 (8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
The judge’s official margins were a ½ neck, a ½ length and a neck.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed a video of the final 100 metres of the race. He pointed out SZYBKA BRAT, driven by Mr Telfer, widest on the track. It reached the lead, then paced roughly and galloped, Mr Wallis said. He said that the Stewards believed that, when the horse’s nose reached the finishing line, it was in a break. Just after the line, the horse settled back into a “half-pie pacing motion”.
Mr Wallis produced the official photo finish of the race. It was not definitive of SZYBKA BRAT’s gait at the finishing line as it was obscured by other runners. Mr Wallis paused the video replay as the horse’s nose reached the finishing line. It was not in its proper gait, he submitted.
Mr Telfer said that he accepted that the horse was “going rough” but he questioned whether it was in a break when it reached the finishing line.
The photo finish was shown to Mr Telfer who accepted, on looking at it, that SZYBKA BRAT was lapped on by the 2nd and 3rd place runners.
reasonsfordecision:
The Committee was satisfied that SZYBKA BRAT was not in its correct gait when its nose reached the finishing line and, further, that it was lapped on by the 2nd placed runner, MULLINGAR MAC and 3rd placed, EASTWOOD CULLEN, each in its correct gait.
Decision:
The protest was upheld and SZYBKA BRAT was relegated from 1st to 3rd placing. Consequent upon the relegation, the amended result for the race is as follows:
1st 7 Mullingar Mac
2nd 13 Eastwood Cullen
3rd 8 Szybka Brat
4th 11 Guinness Icon
5th 10 Highview Phantom
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: S W Wallis, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: G C Telfer, Holder of Licence to Train/Graduation Driver
StipendSteward:
raceid: ef0f645ede70385f7a8a34cfc9dff1db
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: 5e8166fa6509f54142555397c526513e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/08/2012
meet_title: NZ Metro TC - 24 August 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC