Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Amberley TC 6 February 2014 – R 7 (instigating a protest)

ID: JCA13438

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
P J Davis, Licensed Open Horseman

Information Number:
A6117

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Amberley TC - 6 February 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2014/02/06

Race Number:
R7

Decision:

The protest was upheld and LACROIX FRANCO was relegated to 6th placing.

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

1st    4 True Legend
2nd 15 Lifestyler
3rd  12 Scanreco Bay
4th  17 Coyote
5th    3 Highview Jimmy
6th    6 Lacroix Franco

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

Facts:

Following the running of Race 7, HSW Limited Accountants – Promed Edgeware Doctors Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against LACROIX FRANCO (P J Davis), placed 4th by the judge, on the grounds that “LACROIX FRANCO galloped over the finishing line and was lapped on by both runners COYOTE and HIGHVIEW JIMMY”, placed 5th and 6th respectively by the judge.

Mr Davis was not present at the hearing of the information. He had endorsed on the information form and signed “I do not contest relegation to 6th place”.

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    4 True Legend
2nd 15 Lifestyler
3rd  12 Scanreco Bay
4th    6 Lacroix Franco
5th  17 Coyote
6th    3 Highview Jimmy

The official margin between 4th and 5th was ¾ length. 

Submissions for Decision:

Mr Ydgren showed a video replay of the concluding stages of the race. He pointed out LACROIX FRANCO, driven by Mr Davis, on the outside of runners approaching the finishing line. Just prior to the finishing line it went into a gallop and continued in a gallop to the finishing line, finishing in 4th placing. Mr Ydgren alleged that it was lapped on by the 5th and 6th runners in their correct gait, COYOTE and HIGHVIEW JIMMY respectively. Mr Ydgren also produced a photo finish of the race which confirmed the lapped on. 

Reasons for Decision:

The Committee was satisfied that LACROIX FRANCO broke 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 5th placed runner, COYOTE, and the 6th placed runner, HIGHVIEW JIMMY.

The Committee also noted that Mr Davis, driver of LACROIX FRANCO, was not contesting the relegation to 6th.

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: 3744ca91425473e9d90e9c8d22df5807


informantnumber: A6117


horsename: Lacroix Franco


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 10/02/2014


hearing_title: Amberley TC 6 February 2014 - R 7 (instigating a protest)


charge:


facts:

Following the running of Race 7, HSW Limited Accountants – Promed Edgeware Doctors Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against LACROIX FRANCO (P J Davis), placed 4th by the judge, on the grounds that “LACROIX FRANCO galloped over the finishing line and was lapped on by both runners COYOTE and HIGHVIEW JIMMY”, placed 5th and 6th respectively by the judge.

Mr Davis was not present at the hearing of the information. He had endorsed on the information form and signed “I do not contest relegation to 6th place”.

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    4 True Legend
2nd 15 Lifestyler
3rd  12 Scanreco Bay
4th    6 Lacroix Franco
5th  17 Coyote
6th    3 Highview Jimmy

The official margin between 4th and 5th was ¾ length. 


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren showed a video replay of the concluding stages of the race. He pointed out LACROIX FRANCO, driven by Mr Davis, on the outside of runners approaching the finishing line. Just prior to the finishing line it went into a gallop and continued in a gallop to the finishing line, finishing in 4th placing. Mr Ydgren alleged that it was lapped on by the 5th and 6th runners in their correct gait, COYOTE and HIGHVIEW JIMMY respectively. Mr Ydgren also produced a photo finish of the race which confirmed the lapped on. 


reasonsfordecision:

The Committee was satisfied that LACROIX FRANCO broke 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 5th placed runner, COYOTE, and the 6th placed runner, HIGHVIEW JIMMY.

The Committee also noted that Mr Davis, driver of LACROIX FRANCO, was not contesting the relegation to 6th.


Decision:

The protest was upheld and LACROIX FRANCO was relegated to 6th placing.

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

1st    4 True Legend
2nd 15 Lifestyler
3rd  12 Scanreco Bay
4th  17 Coyote
5th    3 Highview Jimmy
6th    6 Lacroix Franco

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: N M Ydgren, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: P J Davis, Licensed Open Horseman


StipendSteward:


raceid: 39e314ac46c3e948504c5a75bfeaa1ab


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6e903f3b6b6565c19c669354d8b5554a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/02/2014


meet_title: Amberley TC - 6 February 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: amberley-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: Amberley TC