Methven TC 31 March 2019 – R 7 (instigating a protest) – Chair, Mr D Anderson
ID: JCA11332
Meet Title:
Methven TC - 31 March 2019
Meet Chair:
DAnderson
Meet Committee Member 1:
SChing
Race Date:
2019/03/31
Race Number:
R 7
Decision:
The protest was upheld and TEQUILA SUNSET was relegated to fifth placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st – 2 B K DAWN
2nd -11 STELLAR SUCCESS
3rd – 3 HEAVENLY LOVE
4th – 10 FOREIGNER
5th – 1 TEQUILA SUNSET
6TH - 13 NEVERNEVERLAND
It was ordered that the dividends and stakes be paid in accordance with the amended result.
Facts:
Following the running of race 7, the Pat McGirr Memorial Trot, an information instigating a protest was filed by Stipendiary Steward Mr R Quirk, against TEQUILA SUNSET (K Cameron), placed 3rd by the judge, on the grounds that it “broke prior to, and over the line and was lapped on by horses’ number 3 HEAVENLY LOVE and 10 FOREIGNER”.
Mr K Cameron, the driver of TEQUILA SUNSET had endorsed on the information form and signed “I do not contest the protest”.
The official placings for the race were:
1st –2 B K DAWN
2nd – 11 STELLAR SUCCESS
3rd – 1 TEQUILA SUNSET
4th – 3 HEAVENLY LOVE
5th – 10 FOREIGNER
6th –13 NEVERNEVERLAND
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 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 869A such relegation of the horse shall be at the discretion of the Judicial Committee.
Submissions for Decision:
Mr Quirk showed the video replay of the final 50 metres of the race.
He identified TEQUILA SUNSET, on the rail and running in third position. At approximately 20 metres prior to the winning post he pointed to TEQUILA SUNSET galloping, free of interference, and continued on in a gallop past the finishing line in third place.
Mr Quirk sought relegation of TEQUILA SUNSET to fifth place as the horse was lapped on by the 4th and 5th horses HEAVENLY LOVE and FOREIGNER.
Reasons for Decision:
The Committee was satisfied TEQUILA SUNSET had broken prior to, and over the line, free of interference, and was lapped on by the 4th and 5th horses in breach of Rule 870 (5) and the Breaking Horse Regulations.
The Committee noted that Mr Cameron did not contest the disqualification of TEQUILA SUNSET.
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: 19719ce415f4da040712c6c5a49f6a49
informantnumber: A12430
horsename: TEQUILA SUNSET
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/04/2019
hearing_title: Methven TC 31 March 2019 - R 7 (instigating a protest) - Chair, Mr D Anderson
charge:
facts:
Following the running of race 7, the Pat McGirr Memorial Trot, an information instigating a protest was filed by Stipendiary Steward Mr R Quirk, against TEQUILA SUNSET (K Cameron), placed 3rd by the judge, on the grounds that it “broke prior to, and over the line and was lapped on by horses’ number 3 HEAVENLY LOVE and 10 FOREIGNER”.
Mr K Cameron, the driver of TEQUILA SUNSET had endorsed on the information form and signed “I do not contest the protest”.
The official placings for the race were:
1st –2 B K DAWN
2nd – 11 STELLAR SUCCESS
3rd – 1 TEQUILA SUNSET
4th – 3 HEAVENLY LOVE
5th – 10 FOREIGNER
6th –13 NEVERNEVERLAND
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 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 869A such relegation of the horse shall be at the discretion of the Judicial Committee.
appealdecision:
isappeal:
submissionsfordecision:
Mr Quirk showed the video replay of the final 50 metres of the race.
He identified TEQUILA SUNSET, on the rail and running in third position. At approximately 20 metres prior to the winning post he pointed to TEQUILA SUNSET galloping, free of interference, and continued on in a gallop past the finishing line in third place.
Mr Quirk sought relegation of TEQUILA SUNSET to fifth place as the horse was lapped on by the 4th and 5th horses HEAVENLY LOVE and FOREIGNER.
reasonsfordecision:
The Committee was satisfied TEQUILA SUNSET had broken prior to, and over the line, free of interference, and was lapped on by the 4th and 5th horses in breach of Rule 870 (5) and the Breaking Horse Regulations.
The Committee noted that Mr Cameron did not contest the disqualification of TEQUILA SUNSET.
Decision:
The protest was upheld and TEQUILA SUNSET was relegated to fifth placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st – 2 B K DAWN
2nd -11 STELLAR SUCCESS
3rd – 3 HEAVENLY LOVE
4th – 10 FOREIGNER
5th – 1 TEQUILA SUNSET
6TH - 13 NEVERNEVERLAND
It was ordered that the dividends and stakes be paid in accordance with the amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5) and the Breaking Horses Regulations
Informant: Mr R Quirk - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr N Ydgren - Chief Stipendiary Steward
Respondent: Mr K Cameron - Driver of TEQUILA SUNSET
StipendSteward:
raceid: a0b131d5cc7a14e79e1b483e80c57bc0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f42ad50cf9e6028b2aa153abd13322de
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/03/2019
meet_title: Methven TC - 31 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: SChing
meet_pm2: none
name: Methven TC