Archive Decision

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Auckland TC 21 February 2014 – R 9 (instigating a protest)

ID: JCA10608

Applicant:
Mr N Ydgren -Stipendiary Steward

Respondent(s):
Mr D McGowan - Trainer of KOWHAI WHIZ

Information Number:
A3844

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Auckland TC - 21 February 2014

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2014/02/21

Race Number:
R9

Decision:

The protest is upheld and KOWHAI WHIZ is relegated from 2nd to 3rd place.

Amended placings are:

1st No 2 BONECHIP
2nd No 4 BE SEEIN YA
3rd No 1 KOWHAI WHIZ

In conclusion we order the payment of stakes and dividends with the amended result.

Facts:

Following the running of race 9, Majestic Horse Floats Handicap Trot, an information Instigating a Protest was filed pursuant to Rule 870(5). The Informant, Mr Ydgren, Stipendiary Steward, alleged that the 2nd placed KOWHAI WHIZ galloped at the finishing line lapped on by the 3rd placed BE SEEIN YA.

Mr McGowan was not present at the hearing and endorsed the Information “I do not contest the protest”.

Judge’s placings were:

1st No  2 BONECHIP
2nd No 1 KOWHAI WHIZ
3rd No  4 BE SEEIN YA
4th No  5 DUCHESS DIEDRE

The official margins were 1/2 length, nose, 2 lengths.

Rule 870 (5) provides: Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line 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 horseman, then (subject to Rule 869 (8) such relegation of the horse shall be at the discretion of the Judicial Committee.

Submissions for Decision:

Mr Ydgren demonstrated the incident using the available video films. He pointed out KOWHAI WHIZ, racing in 2nd position when it went into a gallop inside the final 35 metres. It continued in a gallop past the finishing line, finishing in 2nd placing and was lapped on by BE SEEIN YA. Mr Ydgren submitted KOWHAI WHIZ should be relegated behind BE SEEIN YA.

Reasons for Decision:

The Committee was satisfied that KOWHAI WHIZ had broken from its gait, free of interference, inside the final 50 metres of the race, had continued on in a gallop and was not in its correct gait when its nose reached the finishing line. The Committee was further satisfied KOWHAI WHIZ was lapped on by BE SEEIN YA. We are required to relegate KOWHAI WHIZ to 3rd place.

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: 04be53740f31c6d04ed603119ca38918


informantnumber: A3844


horsename: KOWHAI WHIZ


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 10/02/2014


hearing_title: Auckland TC 21 February 2014 - R 9 (instigating a protest)


charge:


facts:

Following the running of race 9, Majestic Horse Floats Handicap Trot, an information Instigating a Protest was filed pursuant to Rule 870(5). The Informant, Mr Ydgren, Stipendiary Steward, alleged that the 2nd placed KOWHAI WHIZ galloped at the finishing line lapped on by the 3rd placed BE SEEIN YA.

Mr McGowan was not present at the hearing and endorsed the Information “I do not contest the protest”.

Judge’s placings were:

1st No  2 BONECHIP
2nd No 1 KOWHAI WHIZ
3rd No  4 BE SEEIN YA
4th No  5 DUCHESS DIEDRE

The official margins were 1/2 length, nose, 2 lengths.

Rule 870 (5) provides: Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line 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 horseman, then (subject to Rule 869 (8) such relegation of the horse shall be at the discretion of the Judicial Committee.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren demonstrated the incident using the available video films. He pointed out KOWHAI WHIZ, racing in 2nd position when it went into a gallop inside the final 35 metres. It continued in a gallop past the finishing line, finishing in 2nd placing and was lapped on by BE SEEIN YA. Mr Ydgren submitted KOWHAI WHIZ should be relegated behind BE SEEIN YA.


reasonsfordecision:

The Committee was satisfied that KOWHAI WHIZ had broken from its gait, free of interference, inside the final 50 metres of the race, had continued on in a gallop and was not in its correct gait when its nose reached the finishing line. The Committee was further satisfied KOWHAI WHIZ was lapped on by BE SEEIN YA. We are required to relegate KOWHAI WHIZ to 3rd place.


Decision:

The protest is upheld and KOWHAI WHIZ is relegated from 2nd to 3rd place.

Amended placings are:

1st No 2 BONECHIP
2nd No 4 BE SEEIN YA
3rd No 1 KOWHAI WHIZ

In conclusion we order the payment of stakes and dividends with the amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr N Ydgren -Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr D McGowan - Trainer of KOWHAI WHIZ


StipendSteward:


raceid: 1d4a34923bc82683c82ecf6ff20bc9df


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0f0fe29f2699c5b827257b47b0b23bfe


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/02/2014


meet_title: Auckland TC - 21 February 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Auckland TC