Archive Decision

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Nelson HRC 8 January 2021 – R 10 (instigating a protest) – Chair, Mr S Ching

ID: JCA13831

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr S Smolenksi - Licensed Trainer

Information Number:
A12666

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Nelson HRC - 8 January 2021

Meet Chair:
SChing

Meet Committee Member 1:
LYong

Race Date:
2021/01/08

Race Number:
R10

Decision:

The protest was upheld with I DREAM OF JEANNIE relegated to 5th place behind MADELEINE STOWE.

Consequent upon the relegation, the amended result for the race is as follows:
1st - VALLEY STAR (10)
2nd - EASY PICKINGS (8)
3rd - MIKEMARO (1)
4th - MADELEINE STOWE (9)
5th - I DREAM OF JEANNIE (2)
6th - GLOBE TREKKER (7)

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

Facts:

Following the running of Race 10, the Tommy Behrns Handicap Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr J Muirhead, against I DREAM OF JEANNIE, driven by Mr T Williams, placed 4th by the judge, in that I DREAM OF JEANNIE, broke in the final stages and was lapped on by 5th placed MADELEINE STOWE as the horses passed the post, which is in breach of Rule 870 (5).

Mr Smolenski informed the Committee that he did not contest the protest and requested that he not attend the hearing as he had other runners to care for. Mr Smolenskis’ request was granted.

The Judges placings in this race were as follows.
1st - VALLEY STAR (10)
2nd - EASY PICKINGS (8)
3rd - MIKEMARO (1)
4th - I DREAM OF JEANNIE (2)
5th - MADELEINE STOWE (9)
6th - GLOBE TREKKER (7)

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 Muirhead showed a video replay of the final stages of the Race. He pointed out I DREAM OF JEANNIE, driven by Mr T Williams, when in a challenging position, break from its correct gait just prior to the line and continue on in a break until the finish line, eventually finishing in 4th place. Mr Muirhead stated that the margin between 4th and 5th was ¾ of a length. He submitted that the films showed that I DREAM OF JEANNIE was not in the correct gait when the horses nose reached the finish line and was lapped on by the 5th placed MADELEINE STOWE when crossing the finish line.

Mr Muirhead submitted that the Stewards were seeking relegation of I DREAM OF JEANNIE to behind the 5th placed, MADELEINE STOWE.

Reasons for Decision:

After considering the evidence presented and reviewing the available films, the Committee was satisfied that I DREAM OF JEANNIE was not in its correct gait as the horse’s nose reached the finish line. We found that I DREAM OF JEANNIE broke and went into a gallop just short of the line and therefore, was in breach of Rule 870(5). We were also satisfied that I DREAM OF JEANNIE was lapped on by the 5th placed MADELEINE STOWE. It was appropriate the protest be upheld, and I DREAM OF JEANNIE be relegated to 5th 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: 7467c0889aae7f759f39cc680ac2017f


informantnumber: A12666


horsename: I DREAM OF JEANNIE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 10/01/2021


hearing_title: Nelson HRC 8 January 2021 - R 10 (instigating a protest) - Chair, Mr S Ching


charge:


facts:

Following the running of Race 10, the Tommy Behrns Handicap Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr J Muirhead, against I DREAM OF JEANNIE, driven by Mr T Williams, placed 4th by the judge, in that I DREAM OF JEANNIE, broke in the final stages and was lapped on by 5th placed MADELEINE STOWE as the horses passed the post, which is in breach of Rule 870 (5).

Mr Smolenski informed the Committee that he did not contest the protest and requested that he not attend the hearing as he had other runners to care for. Mr Smolenskis’ request was granted.

The Judges placings in this race were as follows.
1st - VALLEY STAR (10)
2nd - EASY PICKINGS (8)
3rd - MIKEMARO (1)
4th - I DREAM OF JEANNIE (2)
5th - MADELEINE STOWE (9)
6th - GLOBE TREKKER (7)

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 Muirhead showed a video replay of the final stages of the Race. He pointed out I DREAM OF JEANNIE, driven by Mr T Williams, when in a challenging position, break from its correct gait just prior to the line and continue on in a break until the finish line, eventually finishing in 4th place. Mr Muirhead stated that the margin between 4th and 5th was ¾ of a length. He submitted that the films showed that I DREAM OF JEANNIE was not in the correct gait when the horses nose reached the finish line and was lapped on by the 5th placed MADELEINE STOWE when crossing the finish line.

Mr Muirhead submitted that the Stewards were seeking relegation of I DREAM OF JEANNIE to behind the 5th placed, MADELEINE STOWE.


reasonsfordecision:

After considering the evidence presented and reviewing the available films, the Committee was satisfied that I DREAM OF JEANNIE was not in its correct gait as the horse’s nose reached the finish line. We found that I DREAM OF JEANNIE broke and went into a gallop just short of the line and therefore, was in breach of Rule 870(5). We were also satisfied that I DREAM OF JEANNIE was lapped on by the 5th placed MADELEINE STOWE. It was appropriate the protest be upheld, and I DREAM OF JEANNIE be relegated to 5th place.


Decision:

The protest was upheld with I DREAM OF JEANNIE relegated to 5th place behind MADELEINE STOWE.

Consequent upon the relegation, the amended result for the race is as follows:
1st - VALLEY STAR (10)
2nd - EASY PICKINGS (8)
3rd - MIKEMARO (1)
4th - MADELEINE STOWE (9)
5th - I DREAM OF JEANNIE (2)
6th - GLOBE TREKKER (7)

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 J Muirhead - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr S Smolenksi - Licensed Trainer


StipendSteward:


raceid: 4756b0f8b54384cbb0ed3020fbc97b4e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fc714b4d44136e1722f6e153f0f7b90d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/01/2021


meet_title: Nelson HRC - 8 January 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nelson-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: LYong


meet_pm2: none


name: Nelson HRC