Manawatu HRC 12 April 2018 – R 9 (instigating a protest) – Chair, Mr T Utikere
ID: JCA11143
Meet Title:
Manawatu HRC - 12 April 2018
Meet Chair:
TUtikere
Meet Committee Member 1:
TCastles
Race Date:
2018/04/12
Race Number:
R9
Decision:
The protest is upheld, and the amended placings are now:
1st - (1) SWEET MAGGIE RYAN
2nd - (6) FRANCO EMPIRE
3rd - (5) DYNAMO
4th - (3) JOEY MAGUIRE
5th - (8) FEAR ROCKN
A direction for dividends and stake monies to be paid in accordance with the amended placings was also made.
Facts:
Following the running of Race 9 (Next Meeting May 1st & 3rd Mobile Pace 2000m), an Information instigating a Protest was lodged alleging that horse number 5 breached the provisions of Rule 870(5) in that "DYNAMO (2nd place) broke short of the winning post and was lapped on by FRANCO EMPIRE (3rd place)”.
The Judge’s placings were:
1st - (1) SWEET MAGGIE RYAN
2nd - (5) DYNAMO
3rd - (6) FRANCO EMPIRE
4th - (3) JOEY MAGUIRE
5th - (8) FEAR ROCKN
Rule 870(5) states:
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 r 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
Mr Orange had endorsed the Information with “I do not contest the Protest”.
Submissions for Decision:
Using the head-on and side-on films, Mr Muirhead identified that within the final 20 metres, Mr Orange’s horse (DYNAMO) had broken, whilst free of interference. At the point where DYNAMO’s nose had reached the winning post, he submitted that it was still in its incorrect gait and had been clearly lapped on by the third runner. He confirmed that the connections had not contested the protest and that the official margin between second and third was a neck.
Reasons for Decision:
It is clear that over the concluding 20 metres of the race, DYNAMO had broken free of interference. The head-on and side-on films clearly demonstrate this. While we also note that the protest had been uncontested, it is clear that when DYNAMO’s nose reaches the winning post, that horse is not in its correct gait. At that point it is also evident that it had been lapped on by FRANCO EMPIRE. Accordingly, DYNAMO will be relegated to third placing.
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: 1f2daaf9954610b4952efe212ed49385
informantnumber: A3795
horsename: DYNAMO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/04/2018
hearing_title: Manawatu HRC 12 April 2018 - R 9 (instigating a protest) - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 9 (Next Meeting May 1st & 3rd Mobile Pace 2000m), an Information instigating a Protest was lodged alleging that horse number 5 breached the provisions of Rule 870(5) in that "DYNAMO (2nd place) broke short of the winning post and was lapped on by FRANCO EMPIRE (3rd place)”.
The Judge’s placings were:
1st - (1) SWEET MAGGIE RYAN
2nd - (5) DYNAMO
3rd - (6) FRANCO EMPIRE
4th - (3) JOEY MAGUIRE
5th - (8) FEAR ROCKN
Rule 870(5) states:
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 r 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
Mr Orange had endorsed the Information with “I do not contest the Protest”.
appealdecision:
isappeal:
submissionsfordecision:
Using the head-on and side-on films, Mr Muirhead identified that within the final 20 metres, Mr Orange’s horse (DYNAMO) had broken, whilst free of interference. At the point where DYNAMO’s nose had reached the winning post, he submitted that it was still in its incorrect gait and had been clearly lapped on by the third runner. He confirmed that the connections had not contested the protest and that the official margin between second and third was a neck.
reasonsfordecision:
It is clear that over the concluding 20 metres of the race, DYNAMO had broken free of interference. The head-on and side-on films clearly demonstrate this. While we also note that the protest had been uncontested, it is clear that when DYNAMO’s nose reaches the winning post, that horse is not in its correct gait. At that point it is also evident that it had been lapped on by FRANCO EMPIRE. Accordingly, DYNAMO will be relegated to third placing.
Decision:
The protest is upheld, and the amended placings are now:
1st - (1) SWEET MAGGIE RYAN
2nd - (6) FRANCO EMPIRE
3rd - (5) DYNAMO
4th - (3) JOEY MAGUIRE
5th - (8) FEAR ROCKN
A direction for dividends and stake monies to be paid in accordance with the amended placings was also made.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Mulcay – Stipendiary Steward
Respondent: Mr B Orange - Driver of DYNAMO
StipendSteward:
raceid: dfc48eaa7646c95fec85d962f8d3edcc
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: 9f3b2bfbc03d811b7112b52e08eb1ef9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/04/2018
meet_title: Manawatu HRC - 12 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: TCastles
meet_pm2: none
name: Manawatu HRC