Archive Decision

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Hororata TC 26 February 2017 – R 4 (instigating a protest) – Chair, Mr S Ching

ID: JCA10945

Applicant:
S Wallis-Stipendiary Steward

Respondent(s):
G Hope-Public Trainer

Information Number:
A9001

Hearing Type:
Protest

Rules:
870 (5) (Instigating a Protest)

Meet Title:
Hororata TC - 26 February 2017

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/02/26

Race Number:
R4

Decision:

The protest was upheld and UNICO ENCHANTRESS was relegated to 5th place behind SACRED ANGEL.

Consequent upon the relegation, the amended result for the race is as follows:

1st SEASWIFT JOY (5)
2nd MOSSDALE ROSE (2)
3rd DELIGHTFUL MEMPHIS (1)
4th SACRED ANGEL (4)
5th UNICO ENCHANTRESS (6)
6th BETTER B CHEVRON (3)

It was ordered that dividends and stakes be paid in accordance with that amended result.

Facts:

Following the running of Race 4, the Nevele R Fillies Series (Heat 3) Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S Wallis, against UNICO ENCHANTRESS, driven by Mr M Williamson, placed 4th by the judge, in that UNICO ENCHANTRESS broke in the final stages and was lapped on by SACRED ANGEL as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.

The Judge's placings in this race were as follows.

1st SEASWIFT JOY (5)
2nd MOSSDALE ROSE (2)
3rd DELIGHTFUL MEMPHIS (1)
4th UNICO ENCHANTRESS (6)
5th SACRED ANGEL (4)
6th BETTER B CHEVRON (3)

Mr Hope was present and confirmed to the hearing that he did not contest the protest.

Rule 870 (5) provides as follows:

”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 Rule869(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”

Submissions for Decision:

Mr Wallis showed a video replay of the final stages of the race. He pointed out UNICO ENCHANTRESS, driven by Mr Williamson, when in 4th place on the pylons, break from its correct gait just prior to the line and continue on in a break until the finish line, eventually finishing in 4th place. Mr Wallis submitted that UNICO ENCHANTRESS was clearly lapped on by the 5th placed SACRED ANGEL when crossing the finish line. The official margin between 4th and 5th place was a nose.

Mr Wallis submitted that the Stewards were seeking relegation of UNICO ENCHANTRESS to behind 5th placed, SACRED ANGEL.

Reasons for Decision:

The Committee was satisfied that UNICO ENCHANTRESS was in breach of Rule 870 (5). It was clear that UNICO ENCHANTRESS had broken from its gait approaching the finish and thereafter continued on in a break, as it crossed the finish line. UNICO ENCHANTRESS was clearly lapped on by the 5th placed SACRED ANGEL. It was appropriate the protest be upheld and that UNICO ENCHANTRESS be relegated to 5th 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: 0ef9e4f5f95fad362e64cef5f154189c


informantnumber: A9001


horsename: UNICO ENCHANTRESS


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 27/02/2017


hearing_title: Hororata TC 26 February 2017 - R 4 (instigating a protest) - Chair, Mr S Ching


charge:


facts:

Following the running of Race 4, the Nevele R Fillies Series (Heat 3) Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S Wallis, against UNICO ENCHANTRESS, driven by Mr M Williamson, placed 4th by the judge, in that UNICO ENCHANTRESS broke in the final stages and was lapped on by SACRED ANGEL as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.

The Judge's placings in this race were as follows.

1st SEASWIFT JOY (5)
2nd MOSSDALE ROSE (2)
3rd DELIGHTFUL MEMPHIS (1)
4th UNICO ENCHANTRESS (6)
5th SACRED ANGEL (4)
6th BETTER B CHEVRON (3)

Mr Hope was present and confirmed to the hearing that he did not contest the protest.

Rule 870 (5) provides as follows:

”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 Rule869(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”


appealdecision:


isappeal:


submissionsfordecision:

Mr Wallis showed a video replay of the final stages of the race. He pointed out UNICO ENCHANTRESS, driven by Mr Williamson, when in 4th place on the pylons, break from its correct gait just prior to the line and continue on in a break until the finish line, eventually finishing in 4th place. Mr Wallis submitted that UNICO ENCHANTRESS was clearly lapped on by the 5th placed SACRED ANGEL when crossing the finish line. The official margin between 4th and 5th place was a nose.

Mr Wallis submitted that the Stewards were seeking relegation of UNICO ENCHANTRESS to behind 5th placed, SACRED ANGEL.


reasonsfordecision:

The Committee was satisfied that UNICO ENCHANTRESS was in breach of Rule 870 (5). It was clear that UNICO ENCHANTRESS had broken from its gait approaching the finish and thereafter continued on in a break, as it crossed the finish line. UNICO ENCHANTRESS was clearly lapped on by the 5th placed SACRED ANGEL. It was appropriate the protest be upheld and that UNICO ENCHANTRESS be relegated to 5th place.


Decision:

The protest was upheld and UNICO ENCHANTRESS was relegated to 5th place behind SACRED ANGEL.

Consequent upon the relegation, the amended result for the race is as follows:

1st SEASWIFT JOY (5)
2nd MOSSDALE ROSE (2)
3rd DELIGHTFUL MEMPHIS (1)
4th SACRED ANGEL (4)
5th UNICO ENCHANTRESS (6)
6th BETTER B CHEVRON (3)

It was ordered that dividends and stakes be paid in accordance with that amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870 (5) (Instigating a Protest)


Informant: S Wallis-Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: G Hope-Public Trainer


Respondent: G Hope-Public Trainer


StipendSteward:


raceid: 4ce5e10278f79cc9c0ae36061460a9fa


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cbde7fa2acc0176508bc56012f201281


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/02/2017


meet_title: Hororata TC - 26 February 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hororata-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Hororata TC