Archive Decision

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Banks Peninsula TC 12 April 2015 – R 11 (instigating a protest)

ID: JCA13410

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
J J A Young, Licensed Junior Driver

Information Number:
A4434

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Banks Peninsula TC - 12 April 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2015/04/12

Race Number:
R11

Decision:

The protest was upheld and MAYBE FLYIN was relegated to 3rd placing.

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

1st   6 Bandana
2nd  5 Riga Doon
3rd  1 Maybe Flyin
4th 15 Reklaw Supreme
5th 10 Franco Envoy

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

Facts:

Following the running of Race 11, NZ Bloodstock Airfreight Limited Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against MAYBE FLYIN (J J A Young), placed 2nd by the judge, on the grounds that “MAYBE FLYIN broke near the 45 metres and continued on in a break over the line and was lapped on by RIGA DOON”, placed 3rd by the judge.

Miss Young was not present at the hearing of the information. She had endorsed on the information form and signed “I do not contest the protest”. Mr Renault confirmed that Miss Young did not wish to be present at the protest hearing.

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 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 horseman, then (subject to Rule 869 (8) such relegation of the horse shall be at the discretion of the Judicial Committee.

The judge’s placings were:

1st   6 Bandana
2nd  1 Maybe Flyin
3rd  5 Riga Doon
4th 15 Reklaw Supreme
5th 10 Franco Envoy

The official margin between 2nd and 3rd was a head and, between 3rd and 4th, 1¼ lengths. 

Submissions for Decision:

Mr Renault showed video replays of the concluding stages of the race. He pointed out MAYBE FLYIN, driven by Miss Young, racing in 2nd position inside the final 50 metres, go into a gallop, free of interference, and continue in a gallop across the finishing line, finishing in 2nd placing. Mr Renault pointed out the 50 metre mark on the running rail and submitted that MAYBE FLYIN had gone off stride past that mark and, he alleged, had galloped for approximately 45 metres. A hopple carrier had come adrift and the horse broke as a consequence of standing on it, Mr Renault said.

Mr Renault alleged that MAYBE FLYIN was lapped on by the 3rd placed runner, RIGA DOON.

Reasons for Decision:

The Committee was satisfied that MAYBE FLYIN broke, free of interference, approximately 45 metres short of the finishing line and had continued in a gallop to the finishing line. It was in a gallop when its nose reached the finishing line. The Committee was further satisfied that it was lapped on by the 3rd placed runner, RIGA DOON, which was in its correct gait.

The Committee also noted that Miss Young, driver of MAYBE FLYIN, was not contesting the relegation of that horse to 3rd.

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: 6f0ded4b3cab3b7e50bcc17c268b6be2


informantnumber: A4434


horsename: Maybe Flyin


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 02/04/2015


hearing_title: Banks Peninsula TC 12 April 2015 - R 11 (instigating a protest)


charge:


facts:

Following the running of Race 11, NZ Bloodstock Airfreight Limited Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against MAYBE FLYIN (J J A Young), placed 2nd by the judge, on the grounds that “MAYBE FLYIN broke near the 45 metres and continued on in a break over the line and was lapped on by RIGA DOON”, placed 3rd by the judge.

Miss Young was not present at the hearing of the information. She had endorsed on the information form and signed “I do not contest the protest”. Mr Renault confirmed that Miss Young did not wish to be present at the protest hearing.

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 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 horseman, then (subject to Rule 869 (8) such relegation of the horse shall be at the discretion of the Judicial Committee.

The judge’s placings were:

1st   6 Bandana
2nd  1 Maybe Flyin
3rd  5 Riga Doon
4th 15 Reklaw Supreme
5th 10 Franco Envoy

The official margin between 2nd and 3rd was a head and, between 3rd and 4th, 1¼ lengths. 


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault showed video replays of the concluding stages of the race. He pointed out MAYBE FLYIN, driven by Miss Young, racing in 2nd position inside the final 50 metres, go into a gallop, free of interference, and continue in a gallop across the finishing line, finishing in 2nd placing. Mr Renault pointed out the 50 metre mark on the running rail and submitted that MAYBE FLYIN had gone off stride past that mark and, he alleged, had galloped for approximately 45 metres. A hopple carrier had come adrift and the horse broke as a consequence of standing on it, Mr Renault said.

Mr Renault alleged that MAYBE FLYIN was lapped on by the 3rd placed runner, RIGA DOON.


reasonsfordecision:

The Committee was satisfied that MAYBE FLYIN broke, free of interference, approximately 45 metres short of the finishing line and had continued in a gallop to the finishing line. It was in a gallop when its nose reached the finishing line. The Committee was further satisfied that it was lapped on by the 3rd placed runner, RIGA DOON, which was in its correct gait.

The Committee also noted that Miss Young, driver of MAYBE FLYIN, was not contesting the relegation of that horse to 3rd.


Decision:

The protest was upheld and MAYBE FLYIN was relegated to 3rd placing.

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

1st   6 Bandana
2nd  5 Riga Doon
3rd  1 Maybe Flyin
4th 15 Reklaw Supreme
5th 10 Franco Envoy

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


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: J J A Young, Licensed Junior Driver


StipendSteward:


raceid: 2a133ea18d942cc239bd202237f6313d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fa2c0045a2711e6544014b95e060b67a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/04/2015


meet_title: Banks Peninsula TC - 12 April 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Banks Peninsula TC