Archive Decision

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Manukau TC 29 July 2011 – R 8

ID: JCA14060

Applicant:
Mr JM Muirhead - Stipendiary Steward

Information Number:
13414

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Manukau TC - 29 July 2011

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2011/07/29

Race Number:
R 8

Decision:

The protest is upheld and DENNY H is relegated from first place to fourth place.

The amended result is now:

1st 4 – Dessert Queen
2nd 8 – Minnie Whizdom
3rd 9 – Charles DE Cazanove
4th 13- Denny H
5th 10 – Banana Smoothie
6th 2 – Pretty Awesome

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

Facts:

Following the running of Race 8 an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the first placing of horse number 13 DENNY H (Driver DM Balle) on the grounds of breaking shortly before the winning post and continuing in a break when it’s nose reached the finishing line and being lapped on.

Mr DM Balle, Co-Trainer and Driver of DENNY H endorsed the Information with the words “I do not contest the protest”.

Rule 870(5) provides:

“Notwithstanding the provisions of sub Rule (4) hereof: any horse which is not in the correct gait when it’s 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 it’s correct gait as a result of interference to such horse or it’s horseman, then (subject to Rule 869(8)) such relegation of the horse shall be at the discretion of Judicial Committee”.

Mr Muirhead demonstrated the incident by use of the video films. The films quite clearly showed DENNY H breaking shortly before the winning post and continuing in a break across the finishing line. At that stage it was lapped on by the second, third and fourth placed horses.

Submissions for Decision:

Mr Muirhead submitted that DENNY H had been lapped on and that the provisions of Rule 870(5) had been satisfied.

Reasons for Decision:

The reason for the decision the protest is not contested and clearly DENNY H was not in its correct gait when it’s nose reached the finishing line and at that stage it was lapped on by the second, third and fourth horses. The provisions on Rule 870(5) apply.

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: 92981119dd3e1762aeb9d2a43377ff2a


informantnumber: 13414


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 31/07/2011


hearing_title: Manukau TC 29 July 2011 - R 8


charge:


facts:

Following the running of Race 8 an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the first placing of horse number 13 DENNY H (Driver DM Balle) on the grounds of breaking shortly before the winning post and continuing in a break when it’s nose reached the finishing line and being lapped on.

Mr DM Balle, Co-Trainer and Driver of DENNY H endorsed the Information with the words “I do not contest the protest”.

Rule 870(5) provides:

“Notwithstanding the provisions of sub Rule (4) hereof: any horse which is not in the correct gait when it’s 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 it’s correct gait as a result of interference to such horse or it’s horseman, then (subject to Rule 869(8)) such relegation of the horse shall be at the discretion of Judicial Committee”.

Mr Muirhead demonstrated the incident by use of the video films. The films quite clearly showed DENNY H breaking shortly before the winning post and continuing in a break across the finishing line. At that stage it was lapped on by the second, third and fourth placed horses.


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead submitted that DENNY H had been lapped on and that the provisions of Rule 870(5) had been satisfied.


reasonsfordecision:

The reason for the decision the protest is not contested and clearly DENNY H was not in its correct gait when it’s nose reached the finishing line and at that stage it was lapped on by the second, third and fourth horses. The provisions on Rule 870(5) apply.


Decision:

The protest is upheld and DENNY H is relegated from first place to fourth place.

The amended result is now:

1st 4 – Dessert Queen
2nd 8 – Minnie Whizdom
3rd 9 – Charles DE Cazanove
4th 13- Denny H
5th 10 – Banana Smoothie
6th 2 – Pretty Awesome

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


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr JM Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9c45243178b73709ae86df9264555def


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 629fb227ae102ef65987c0a80ab0d905


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/07/2011


meet_title: Manukau TC - 29 July 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manukau-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: GJones


meet_pm2: none


name: Manukau TC