Westport TC 26 December 2011 – R 9 (instigating a protest)
ID: JCA13888
Meet Title:
Westport TC - 26 December 2011
Meet Chair:
KHales
Meet Committee Member 1:
SChing
Race Date:
2011/12/26
Race Number:
R9
Decision:
"UNICO ROSE" is relegated to third position behind "FRANCO JACKSON".
The amended placings are accordingly:
1st - "BETTORS FIRE" (8)
2nd - "FRANCO JACKSON" (5)
3rd - "UNICO ROSE" (4)
4th - "CHAL DREAM" (10)
5th - "LIMITED EDITION" (13)
Facts:
In the closing stages of the "Buller Refrigeration & Electrical Pace", "UNICO ROSE" was in second position, but before the finishing line, it broke from its gait. It remained out of its gait, as it crossed the finishing line, in second place.
At the finish, it was lapped on by "FRANCO JACKSON" which was in third position and also, possibly, by "CHAL DREAM" which crossed the line in fourth place. Because there was some doubt as to whether it was lapped on by "CHAL DREAM", the Stipendiary Stewards elected to call the Judge, (Mr T Shaw) and his assistant to explain the official photo finish photograph.
The hearing was told by Mr Shaw and Mr Olson, that the nose of "CHAL DREAM" was not lapped on to the rump of "UNICO ROSE". They told us that the official distances precluded "CHAL DREAM" from being lapped on and that the position of the horse's nose in relation to the photograph, showed that clearly.
This evidence was not challenged by Mr R May, the driver of "UNICO ROSE" or by Mr G Hope, the horse's trainer.
Submissions for Decision:
The Stipendiary Stewards submitted that because only "FRANCO JACKSON" was lapped on to "UNICO ROSE", that "UNICO ROSE" only needed to be relegated one position, behind "FRANCO JACKSON".
Reasons for Decision:
The Judicial Committee was satisfied, from the oral evidence of the Judge and his assistant, and also from the official photo finish photograph, that "CHAL DREAM" was not lapped on to "UNICO ROSE" in terms of Rule 870(5).
JCA Decision Fields (raw)
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hearingid: 7d169b57c291ce4f689218023683a051
informantnumber: A5486
horsename: UNICO ROSE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/12/2011
hearing_title: Westport TC 26 December 2011 - R 9 (instigating a protest)
charge:
facts:
In the closing stages of the "Buller Refrigeration & Electrical Pace", "UNICO ROSE" was in second position, but before the finishing line, it broke from its gait. It remained out of its gait, as it crossed the finishing line, in second place.
At the finish, it was lapped on by "FRANCO JACKSON" which was in third position and also, possibly, by "CHAL DREAM" which crossed the line in fourth place. Because there was some doubt as to whether it was lapped on by "CHAL DREAM", the Stipendiary Stewards elected to call the Judge, (Mr T Shaw) and his assistant to explain the official photo finish photograph.
The hearing was told by Mr Shaw and Mr Olson, that the nose of "CHAL DREAM" was not lapped on to the rump of "UNICO ROSE". They told us that the official distances precluded "CHAL DREAM" from being lapped on and that the position of the horse's nose in relation to the photograph, showed that clearly.
This evidence was not challenged by Mr R May, the driver of "UNICO ROSE" or by Mr G Hope, the horse's trainer.
appealdecision:
isappeal:
submissionsfordecision:
The Stipendiary Stewards submitted that because only "FRANCO JACKSON" was lapped on to "UNICO ROSE", that "UNICO ROSE" only needed to be relegated one position, behind "FRANCO JACKSON".
reasonsfordecision:
The Judicial Committee was satisfied, from the oral evidence of the Judge and his assistant, and also from the official photo finish photograph, that "CHAL DREAM" was not lapped on to "UNICO ROSE" in terms of Rule 870(5).
Decision:
"UNICO ROSE" is relegated to third position behind "FRANCO JACKSON".
The amended placings are accordingly:
1st - "BETTORS FIRE" (8)
2nd - "FRANCO JACKSON" (5)
3rd - "UNICO ROSE" (4)
4th - "CHAL DREAM" (10)
5th - "LIMITED EDITION" (13)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(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 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 horseman, then (subject to Rule 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
Informant: Mrs K Williams - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr T Shaw - Judge, Mr G Olson - Assistant Judge
Respondent: Mr R T May - Open Horseman, Mr G P Hope - Licensed Trainer
StipendSteward:
raceid: 86401ea2ee56767c3402bac9b0ec5665
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 11f705c144cd4759ada0cc8cba34170a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2011
meet_title: Westport TC - 26 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: SChing
meet_pm2: none
name: Westport TC