Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Taranaki TC 19 March 2015 – R 6 (instigating a protest)

ID: JCA15968

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr D Balle - Licensed Trainer

Information Number:
A7455

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Taranaki TC - 19 March 2015

Meet Chair:
NMcCutcheon

Race Date:
2015/03/19

Race Number:
R 6

Decision:

Acting pursuant to Rule 870(5) COOL SON was relegated to 6th placing.

The placings now read:

1st SIR GEORGE GREY
2nd THE SCRUFF
3rd OUR SUPER RAM
4th ELLA’S SPEED
5th PHIL’S FOLLY
6th COOL SON

The committee authorised that any dividend and prize money be paid in accordance with the amended placings.

Facts:

Following the running of Race 6 (The Ross Graham Motors Mobile Trot) Information No. A7455 was lodged with the Judicial Committee. The Information read that COOL SON placed 4th (by the Judge) broke from its gait and was lapped on by ELLA’S SPEED and PHIL’S FOLLY at the finishing line.

Judge's placings were:

1st SIR GEORGE GREY
2nd THE SCRUFF
3rd OUR SUPER RAM
4th COOL SON
5th ELLA’S SPEED
6th PHIL’S FOLLY

The margins were:

¾ Length
Long neck
1 ¼ lengths
½ head

Rule 870(5) reads:

Notwithstanding the provisions of sub Rule (4) hereof any horse which is not in its 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 869(a) such relegation of the horse shall be at the discretion of the Judicial Committee.

Submissions for Decision:

Mr Muirhead identified all 3 horses on the films and said that short of reaching the winning post COOL SON went into a gallop and on reaching the winning post had been lapped on by ELLA’S SPEED and PHIL’S FOLLY. Mr Abernethy representing the connections of COOL SON agreed that COOL SON had galloped and had been lapped on by the two mentioned horses.

Reasons for Decision:

It was clear from the film evidence that COOL SON had gone into a gallop prior to the winning post and when reaching the winning post had been lapped on by both ELLA’S SPEED and PHIL’S FOLLY.

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: a79acd7e9b8df2245af2090056688871


informantnumber: A7455


horsename: CALL SON


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 20/03/2015


hearing_title: Taranaki TC 19 March 2015 - R 6 (instigating a protest)


charge:


facts:

Following the running of Race 6 (The Ross Graham Motors Mobile Trot) Information No. A7455 was lodged with the Judicial Committee. The Information read that COOL SON placed 4th (by the Judge) broke from its gait and was lapped on by ELLA’S SPEED and PHIL’S FOLLY at the finishing line.

Judge's placings were:

1st SIR GEORGE GREY
2nd THE SCRUFF
3rd OUR SUPER RAM
4th COOL SON
5th ELLA’S SPEED
6th PHIL’S FOLLY

The margins were:

¾ Length
Long neck
1 ¼ lengths
½ head

Rule 870(5) reads:

Notwithstanding the provisions of sub Rule (4) hereof any horse which is not in its 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 869(a) such relegation of the horse shall be at the discretion of the Judicial Committee.


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead identified all 3 horses on the films and said that short of reaching the winning post COOL SON went into a gallop and on reaching the winning post had been lapped on by ELLA’S SPEED and PHIL’S FOLLY. Mr Abernethy representing the connections of COOL SON agreed that COOL SON had galloped and had been lapped on by the two mentioned horses.


reasonsfordecision:

It was clear from the film evidence that COOL SON had gone into a gallop prior to the winning post and when reaching the winning post had been lapped on by both ELLA’S SPEED and PHIL’S FOLLY.


Decision:

Acting pursuant to Rule 870(5) COOL SON was relegated to 6th placing.

The placings now read:

1st SIR GEORGE GREY
2nd THE SCRUFF
3rd OUR SUPER RAM
4th ELLA’S SPEED
5th PHIL’S FOLLY
6th COOL SON

The committee authorised that any dividend and prize money be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Abernethy - Driver of CALL SON who represented Mr Balle, Mr J Muirhead - Stipendiary Steward


Respondent: Mr D Balle - Licensed Trainer


StipendSteward:


raceid: 81919afcf7f21eb1388b6836e44e765c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cc3d105ae4f5d33709c3f6a7b24075a1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/03/2015


meet_title: Taranaki TC - 19 March 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taranaki-tc


meet_racingtype: harness-racing


meet_chair: NMcCutcheon


meet_pm1: none


meet_pm2: none


name: Taranaki TC