Banks Peninsula TC 25 November 2012 – R 11 (instigating a protest)
ID: JCA15806
Meet Title:
Banks Peninsula TC - 25 November 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/11/25
Race Number:
R11
Decision:
The protest was upheld and “Unico Pegusus” was relegated to 4th place behind “Continental Halo”.
Consequent upon the relegation, the amended result for the race is as follows:
1st Another Love (6)
2nd Sunny Kash (14)
3rd Continental Halo (5)
4th Unico Pegasus (13)
5th Le Garcon (1)
6th Amy’s Invasion (4)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 11, the Clemence Drilling Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against “Unico Pegasus” (R May), placed 3rd by the Judge, in that “Unico Pegasus” broke inside the 50m and was lapped on by “Continental Halo” as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.
The Judge's amended placings in this race were as follows:
1st Another Love (6)
2nd Sunny Kash (14)
3rd Unico Pegasus (13)
4th Continental Halo (5)
5th Le Garcon(1)
6th Amy’s Invasion (4)
The Information reads as follows:
“That horse number 13 “Unico Pegusus”, or its driver, breached the provisions of Rule 870 (5)in that “Unico Pegusus” broke inside the final 50m and was lapped on by “Continental Halo”.
Mr May had endorsed on the information form and signed, as agent, “I do not contest the protest.” Mr May had also indicated to the Stewards that he did not want to be present for the hearing.
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 Ydgren showed a video replay of the last 50m of the race. He pointed out “Unico Pegusus”, driven by Mr May, when in 2nd position, go into a break inside the 50m mark and continue in a break until the winning post. Mr Ydgern submitted that “Unico Pegusus” had lost ground in the break but was lapped on by the 4th placed horse “Continental Halo” when crossing the finish line. The margin between 3rd and 4th was ¾ length.
Mr Ydgren submitted that the Stewards were seeking relegation of “Unico Pegusus” to behind the 4th placed “Continental Halo”.
Reasons for Decision:
The Committee was satisfied that “Unico Pegusus” was in breach of Rule 870 (5). It was clear that “Unico Pegusus” had broken inside the 50m, continued on in a break until the finish and was lapped on by the 4th placed “Continental Halo”. It was appropriate the protest be upheld and that the horse be relegated.
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: d46d765f92cf57b4cc2e80354aa5a820
informantnumber: A5581
horsename: Unico Pegasus
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/11/2012
hearing_title: Banks Peninsula TC 25 November 2012 - R 11 (instigating a protest)
charge:
facts:
Following the running of Race 11, the Clemence Drilling Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against “Unico Pegasus” (R May), placed 3rd by the Judge, in that “Unico Pegasus” broke inside the 50m and was lapped on by “Continental Halo” as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.
The Judge's amended placings in this race were as follows:
1st Another Love (6)
2nd Sunny Kash (14)
3rd Unico Pegasus (13)
4th Continental Halo (5)
5th Le Garcon(1)
6th Amy’s Invasion (4)
The Information reads as follows:
“That horse number 13 “Unico Pegusus”, or its driver, breached the provisions of Rule 870 (5)in that “Unico Pegusus” broke inside the final 50m and was lapped on by “Continental Halo”.
Mr May had endorsed on the information form and signed, as agent, “I do not contest the protest.” Mr May had also indicated to the Stewards that he did not want to be present for the hearing.
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 Ydgren showed a video replay of the last 50m of the race. He pointed out “Unico Pegusus”, driven by Mr May, when in 2nd position, go into a break inside the 50m mark and continue in a break until the winning post. Mr Ydgern submitted that “Unico Pegusus” had lost ground in the break but was lapped on by the 4th placed horse “Continental Halo” when crossing the finish line. The margin between 3rd and 4th was ¾ length.
Mr Ydgren submitted that the Stewards were seeking relegation of “Unico Pegusus” to behind the 4th placed “Continental Halo”.
reasonsfordecision:
The Committee was satisfied that “Unico Pegusus” was in breach of Rule 870 (5). It was clear that “Unico Pegusus” had broken inside the 50m, continued on in a break until the finish and was lapped on by the 4th placed “Continental Halo”. It was appropriate the protest be upheld and that the horse be relegated.
Decision:
The protest was upheld and “Unico Pegusus” was relegated to 4th place behind “Continental Halo”.
Consequent upon the relegation, the amended result for the race is as follows:
1st Another Love (6)
2nd Sunny Kash (14)
3rd Continental Halo (5)
4th Unico Pegasus (13)
5th Le Garcon (1)
6th Amy’s Invasion (4)
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: N Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: G Hope-Public Trainer, R May-Open Horseman
StipendSteward:
raceid: 1da2f05dc81ffe1cb8578c0bd3edfd91
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ba9f4aff9041900722cd02e9ceb8cdd8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/11/2012
meet_title: Banks Peninsula TC - 25 November 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula TC