NZ Metro TC 11 May 2013 – R 2 (Instigating a Protest)
ID: JCA11312
Meet Title:
NZ Metro TC - 11 May 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/05/11
Race Number:
R2
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the judge’s placings.
Facts:
Following the running of Race 2, Fahey Fence Hire Handicap Trot, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against PAINT THE MOON (S R McNally), placed 4th by the judge, on the ground that “when galloping over the line it was lapped on by SUNNY JEWEL”, placed 5th by the judge.
Mr McNally, driver of PAINT THE MOON, was present at the hearing of the information. He indicated that he represented the connections of PAINT THE MOON and 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.
“LAPPED ON means when a horse has its nose in line with any part of the breaking horse’s body when the nose of the breaking horse reaches the finishing line.”
The judge’s placings were:
1st 1 Releven Dream
2nd 10 Whitney
3rd 4 The Blazing Conman
4th 9 Paint The Moon
5th 3 Sunny Jewel
The judge’s official margins were 2 lengths, 1½ lengths, a neck and 1 length. The relevant margin was 1 length between 4th and 5th.
Submissions for Decision:
Mr McIntyre showed a video replay of the final stages of the race and produced the official photo finish of the race.
Mr McIntyre said the Stewards were alleging that PAINT THE MOON had galloped inside the final 50 metres and, therefore, the Breaking Horses Regulation did not apply. Mr McNally had fulfilled his obligations, as driver of the horse, in that he had immediately restrained the horse. The horse had clearly lost ground, Mr McIntyre said, as when it went off stride it was running 2nd or 3rd, but it was still in a gallop at the finishing line, finishing in 4th placing.
Mr McIntyre pointed out that the official margin between 4th and 5th was 1 length. PAINT THE MOON was 3.7 lengths from the winner and SUNNY JEWEL 4.7 lengths from the winner. The margin was a bare length, he said. Mr McIntyre referred to the definition of “lapped on” (see above).
Mr McNally submitted that, for a horse to be lapped on, the margin needed to be greater than 1 length and it needs to be clear that it is lapped on, which was not the case here.
Reasons for Decision:
The Committee could not be satisfied to the required standard that, when the nose of the breaking PAINT THE MOON reached the finishing line in 4th placing, it was lapped on by the 5th placed runner, SUNNY JEWEL. It reached this conclusion based on its observation of the video replay, the official photo finish and the judge’s official margins. It was not satisfied that PAINT THE MOON had been lapped on by SUNNY JEWEL.
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: 1c7650631b4625f1c3324b477828bdc3
informantnumber: A5292
horsename: Paint The Moon
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 07/05/2013
hearing_title: NZ Metro TC 11 May 2013 - R 2 (Instigating a Protest)
charge:
facts:
Following the running of Race 2, Fahey Fence Hire Handicap Trot, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against PAINT THE MOON (S R McNally), placed 4th by the judge, on the ground that “when galloping over the line it was lapped on by SUNNY JEWEL”, placed 5th by the judge.
Mr McNally, driver of PAINT THE MOON, was present at the hearing of the information. He indicated that he represented the connections of PAINT THE MOON and 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.
“LAPPED ON means when a horse has its nose in line with any part of the breaking horse’s body when the nose of the breaking horse reaches the finishing line.”
The judge’s placings were:
1st 1 Releven Dream
2nd 10 Whitney
3rd 4 The Blazing Conman
4th 9 Paint The Moon
5th 3 Sunny Jewel
The judge’s official margins were 2 lengths, 1½ lengths, a neck and 1 length. The relevant margin was 1 length between 4th and 5th.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed a video replay of the final stages of the race and produced the official photo finish of the race.
Mr McIntyre said the Stewards were alleging that PAINT THE MOON had galloped inside the final 50 metres and, therefore, the Breaking Horses Regulation did not apply. Mr McNally had fulfilled his obligations, as driver of the horse, in that he had immediately restrained the horse. The horse had clearly lost ground, Mr McIntyre said, as when it went off stride it was running 2nd or 3rd, but it was still in a gallop at the finishing line, finishing in 4th placing.
Mr McIntyre pointed out that the official margin between 4th and 5th was 1 length. PAINT THE MOON was 3.7 lengths from the winner and SUNNY JEWEL 4.7 lengths from the winner. The margin was a bare length, he said. Mr McIntyre referred to the definition of “lapped on” (see above).
Mr McNally submitted that, for a horse to be lapped on, the margin needed to be greater than 1 length and it needs to be clear that it is lapped on, which was not the case here.
reasonsfordecision:
The Committee could not be satisfied to the required standard that, when the nose of the breaking PAINT THE MOON reached the finishing line in 4th placing, it was lapped on by the 5th placed runner, SUNNY JEWEL. It reached this conclusion based on its observation of the video replay, the official photo finish and the judge’s official margins. It was not satisfied that PAINT THE MOON had been lapped on by SUNNY JEWEL.
Decision:
The protest was dismissed.
It was ordered that dividends and stakes be paid in accordance with the judge’s placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: S R McNally, Licensed Open Horseman
StipendSteward:
raceid: 98cc7d5cc21fbb7a3ab5e71699b9f553
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 14694b655e5e444c134d2472ed9a035e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/05/2013
meet_title: NZ Metro TC - 11 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC