Archive Decision

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Auckland TC 10 July 2015 – R 3 (instigating a protest)

ID: JCA13890

Applicant:
Mr J Muirhead (Stipendiary Steward)

Respondent(s):
Mr P Blanchard– Co-Trainer of ACOUGARZSUN

Information Number:
A7423

Hearing Type:
Protest

Rules:
870(5) and the breaking horse regulations

Meet Title:
Auckland TC - 10 July 2015

Meet Chair:
GJones

Meet Committee Member 1:
BScott

Race Date:
2015/07/10

Race Number:
R3

Decision:

The Committee orders payment of stakes and dividends in accordance with the amended placings, which are as follows;

1st No 11 KOWHAI MONARCH
2nd No 8 LADY J
3rd No 2 GOSIMONGO
4th No 3 ACOUGARZSUN
5th No 6 WINGS ON FIRE

Facts:

This is an uncontested protest arising from the running of race 3, the TVH Parts Trot 2200m. Stipendiary Steward Mr Muirhead, filed an Information alleging that 3rd placed ACOUGARZSUN broke from its gait at the finishing post and was lapped on by the 4th placed GOSIMONGO.

Mr Blanchard was not present at the hearing and the information was noted and signed “I do not contest protest”.

The provisional Judge's places were:

1st No 11 KOWHAI MONARCH
2nd No 8 LADY J
3rd No 3 ACOUGARZSUN
4th No 2 GOSIMONGO
5th No 6 WINGS ON FIRE

Submissions for Decision:

Mr Muirhead demonstrated the incident using available video footage. He told the Committee that in the final straight near the 25 metre mark ACOUGARZSUN broke into a gallop and continued in its incorrect gait to the finishing post. He said 4th placed GOSIMONGO was lapped on.

Mr Muirhead said that ACOUGARZSUN broke free of interference when going for a gap between KOWHAI MONARCH and LADY J.

Mr Muirhead confirmed that the connections of ACOUGARZSUN did not contest the protest. He sought the relegation of ACOUGARZSUN from 3rd to 4th place. 

Reasons for Decision:

The Committee carefully considered the Informant's submissions and noted the video evidence. This clearly showed that ACOUGARZSUN was not in its correct gait at the finish post and 4th placed GOSIMONGO was lapped on.

The relevant rules relating to this protest include:

R870 (5) Provides: 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 Rule 869A such relegation of the horse shall be at the discretion of the Judicial Committee.

Lapped on: Lapped On means when a horse has its nose in line with any part of the breaking horse’s body when the nose of the breaking horse reaches the finish line.

Accordingly the protest is upheld.  

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: 7d66dd225a3138572187020634bba174


informantnumber: A7423


horsename: ACOUGARZSUN


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 10/07/2015


hearing_title: Auckland TC 10 July 2015 - R 3 (instigating a protest)


charge:


facts:

This is an uncontested protest arising from the running of race 3, the TVH Parts Trot 2200m. Stipendiary Steward Mr Muirhead, filed an Information alleging that 3rd placed ACOUGARZSUN broke from its gait at the finishing post and was lapped on by the 4th placed GOSIMONGO.

Mr Blanchard was not present at the hearing and the information was noted and signed “I do not contest protest”.

The provisional Judge's places were:

1st No 11 KOWHAI MONARCH
2nd No 8 LADY J
3rd No 3 ACOUGARZSUN
4th No 2 GOSIMONGO
5th No 6 WINGS ON FIRE


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead demonstrated the incident using available video footage. He told the Committee that in the final straight near the 25 metre mark ACOUGARZSUN broke into a gallop and continued in its incorrect gait to the finishing post. He said 4th placed GOSIMONGO was lapped on.

Mr Muirhead said that ACOUGARZSUN broke free of interference when going for a gap between KOWHAI MONARCH and LADY J.

Mr Muirhead confirmed that the connections of ACOUGARZSUN did not contest the protest. He sought the relegation of ACOUGARZSUN from 3rd to 4th place. 


reasonsfordecision:

The Committee carefully considered the Informant's submissions and noted the video evidence. This clearly showed that ACOUGARZSUN was not in its correct gait at the finish post and 4th placed GOSIMONGO was lapped on.

The relevant rules relating to this protest include:

R870 (5) Provides: 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 Rule 869A such relegation of the horse shall be at the discretion of the Judicial Committee.

Lapped on: Lapped On means when a horse has its nose in line with any part of the breaking horse’s body when the nose of the breaking horse reaches the finish line.

Accordingly the protest is upheld.  


Decision:

The Committee orders payment of stakes and dividends in accordance with the amended placings, which are as follows;

1st No 11 KOWHAI MONARCH
2nd No 8 LADY J
3rd No 2 GOSIMONGO
4th No 3 ACOUGARZSUN
5th No 6 WINGS ON FIRE


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5) and the breaking horse regulations


Informant: Mr J Muirhead (Stipendiary Steward)


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Muirhead - Stipendiary Steward


Respondent: Mr P Blanchard– Co-Trainer of ACOUGARZSUN


StipendSteward:


raceid: d9e08138f97f0d3a65a1bdcf6b114115


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f43a14c0cc76fa4d7630b4378852abc3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/07/2015


meet_title: Auckland TC - 10 July 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: GJones


meet_pm1: BScott


meet_pm2: none


name: Auckland TC