Banks Peninsula TC 27 September 2020 – R 5 (instigating a protest ) – Chair, Mr S Ching
ID: JCA13072
Meet Title:
Banks Peninsula TC - 27 September 2020
Meet Chair:
SChing
Meet Committee Member 1:
OJarvis
Race Date:
2020/09/27
Race Number:
R5
Decision:
The protest was upheld with CALL THIS FUN relegated to 3rd place behind FRANCO JOSIAH.
Consequent upon the relegation, the amended result for the race is as follows:
1st - MISSY MOO (16)
2nd - FRANCO JOSIAH (12)
3rd - CALL THIS FUN (8)
4th - FOREIGNER (17)
5th - TEQUILA SUNSET (2)
6th - GOTTA TICKET (1)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 5, the Rural Connectivity Group Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against CALL THIS FUN, driven by Mr J Ford, placed 2nd by the Judge, in that CALL THIS FUN, broke in the final stages and was lapped on by 3rd placed FRANCO JOSIAH as the horses passed the post, which is in breach of Rule 870(5).
The Judges placings in this race were as follows.
1st - MISSY MOO (16)
2nd - CALL THIS FUN (8)
3rd - FRANCO JOSIAH (12)
4th - FOREIGNER (17)
5th - TEQUILA SUNSET (2)
6th - GOTTA TICKET (1)
Mr Ford represented the connections of CALL THIS FUN. He stated 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 Williams showed a video replay of the final stages of the race. He pointed out CALL THIS FUN, driven by Mr Ford, when in 2nd place, break from its correct gait just prior to the line near the 40m and continue on in a break until the finish line, eventually finishing in 2nd place. Mr Williams stated that the margin between 2nd and 3rd was ¾ of a length. He submitted that the films clearly showed that CALL THIS FUN was lapped on by the 3rd placed FRANCO JOSIAH when crossing the finish line.
Mr Williams submitted that the Stewards were seeking relegation of CALL THIS FUN to behind the 3rd placed, FRANCO JOSIAH.
Reasons for Decision:
The Committee was satisfied that CALL THIS FUN- was in breach of Rule 870(5). It was clear that CALL THIS FUN had broken from its gait near the 40m and thereafter, continued on in a break, as it crossed the finish line. CALL THIS FUN was clearly lapped on by the 3rd placed FRANCO JOSIAH. It was appropriate the protest be upheld, and CALL THIS FUN be relegated 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: 3da4f8fb59cb81e49fc77ef1dc7c72fb
informantnumber: A12380
horsename: CALL THIS FUN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 28/09/2020
hearing_title: Banks Peninsula TC 27 September 2020 - R 5 (instigating a protest ) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Rural Connectivity Group Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against CALL THIS FUN, driven by Mr J Ford, placed 2nd by the Judge, in that CALL THIS FUN, broke in the final stages and was lapped on by 3rd placed FRANCO JOSIAH as the horses passed the post, which is in breach of Rule 870(5).
The Judges placings in this race were as follows.
1st - MISSY MOO (16)
2nd - CALL THIS FUN (8)
3rd - FRANCO JOSIAH (12)
4th - FOREIGNER (17)
5th - TEQUILA SUNSET (2)
6th - GOTTA TICKET (1)
Mr Ford represented the connections of CALL THIS FUN. He stated 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 Williams showed a video replay of the final stages of the race. He pointed out CALL THIS FUN, driven by Mr Ford, when in 2nd place, break from its correct gait just prior to the line near the 40m and continue on in a break until the finish line, eventually finishing in 2nd place. Mr Williams stated that the margin between 2nd and 3rd was ¾ of a length. He submitted that the films clearly showed that CALL THIS FUN was lapped on by the 3rd placed FRANCO JOSIAH when crossing the finish line.
Mr Williams submitted that the Stewards were seeking relegation of CALL THIS FUN to behind the 3rd placed, FRANCO JOSIAH.
reasonsfordecision:
The Committee was satisfied that CALL THIS FUN- was in breach of Rule 870(5). It was clear that CALL THIS FUN had broken from its gait near the 40m and thereafter, continued on in a break, as it crossed the finish line. CALL THIS FUN was clearly lapped on by the 3rd placed FRANCO JOSIAH. It was appropriate the protest be upheld, and CALL THIS FUN be relegated to 3rd place.
Decision:
The protest was upheld with CALL THIS FUN relegated to 3rd place behind FRANCO JOSIAH.
Consequent upon the relegation, the amended result for the race is as follows:
1st - MISSY MOO (16)
2nd - FRANCO JOSIAH (12)
3rd - CALL THIS FUN (8)
4th - FOREIGNER (17)
5th - TEQUILA SUNSET (2)
6th - GOTTA TICKET (1)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr J Ford - Open Driver
StipendSteward:
raceid: 38539b53a073f869630c4463ca08f11a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c12e14c844481ae75b9f3d6df93f7bec
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/09/2020
meet_title: Banks Peninsula TC - 27 September 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: OJarvis
meet_pm2: none
name: Banks Peninsula TC