Auckland TC 19 December 2014 – R 4 (instigating a protest)
ID: JCA16402
Meet Title:
Auckland TC - 19 December 2014
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2014/12/19
Race Number:
R4
Decision:
The Protest is dismissed and the Judge's placings stand.
It is ordered that dividends and stakes be paid in accordance with the Judge's placings.
Facts:
Following the running of the BRECKON FARMS YOUNG GUNS SERIES HT1 MOBILE PACE an Information instigating a Protest was filed by Co-Chief Stipendiary Steward Mr NG McIntyre against the second placing of SWAMP MAJOR on the grounds that it was in an incorrect gait at the finish and was lapped on by the 3rd placed horse KIMANI.
Mr B Orange the Driver of SWAMP MAJOR was present and he advised the Committee that he represented the connections of his horse and also that the Protest was contested.
Rule 870(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 horseman , then ( subject to Rule 869(A) ) such relegation of the horse shall be at the discretion of the Judicial Committee.
Mr McIntyre demonstrated the incident by use of the available race films and told the Committee that in the run to the finish SWAMP MAJOR was on the outside of the eventual winner LAZARUS and was challenging for the lead. He said that about 30 metres from the finish SWAMP MAJOR hit its shin and went off stride and galloped over the line. He said that for a breach of this rule a horse has to be in a break when its nose hits the finishing line, He said that this was the case with SWAMP MAJOR and it was lapped on by the 3rd place getter KIMANI.
Mr Orange however disputed that SWAMP MAJOR was in a break when it hit the line. He acknowledged that his horse had struck its shin but he said that despite this it was not in a break prior to the line. He said after striking itself his horse was awkward in its action but he said it kept trying to pace and did so until after the line. Mr Orange used the race films to demonstrate his point and he emphasised to the Committee that the films showed his horse's leg action showed that it was still pacing although it was an awkward action.
Mr McIntyre responded by saying that it was the Stewards' view that SWAMP MAJOR was in a break prior to the finishing line and that it was lapped on by KIMANI.
Submissions for Decision:
Mr McIntyre confirmed the Stewards' view and said that SWAMP MAJOR had been lapped on and therefore should be relegated behind KIMANI.
Mr Orange referred to his evidence and said that although his horse was pacing awkwardly or roughly prior to the line it was still pacing.
Reasons for Decision:
The Committee has carefully considered the evidence from both parties and we have spent some time watching the films of the incident. We have particularly taken the opportunity to watch the films in slow motion because we believe that the decision in this instance is a close call.
The films showed SWAMP MAJOR striking itself but to its credit, although it became unbalanced, it kept trying to pace. In our view it did so for a distance although its action was very awkward and, in industry parlance," it paced roughly ".
With the evidence available to us we could not be satisfied to the required standard that SWAMP MAJOR was in a break when its nose hit the line. It is our view therefore that the Protest should be dismissed.
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: af52f49052114c1225e51aa4c497e12e
informantnumber: A7402
horsename: SWAMP MAJOR
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 13/12/2014
hearing_title: Auckland TC 19 December 2014 - R 4 (instigating a protest)
charge:
facts:
Following the running of the BRECKON FARMS YOUNG GUNS SERIES HT1 MOBILE PACE an Information instigating a Protest was filed by Co-Chief Stipendiary Steward Mr NG McIntyre against the second placing of SWAMP MAJOR on the grounds that it was in an incorrect gait at the finish and was lapped on by the 3rd placed horse KIMANI.
Mr B Orange the Driver of SWAMP MAJOR was present and he advised the Committee that he represented the connections of his horse and also that the Protest was contested.
Rule 870(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 horseman , then ( subject to Rule 869(A) ) such relegation of the horse shall be at the discretion of the Judicial Committee.
Mr McIntyre demonstrated the incident by use of the available race films and told the Committee that in the run to the finish SWAMP MAJOR was on the outside of the eventual winner LAZARUS and was challenging for the lead. He said that about 30 metres from the finish SWAMP MAJOR hit its shin and went off stride and galloped over the line. He said that for a breach of this rule a horse has to be in a break when its nose hits the finishing line, He said that this was the case with SWAMP MAJOR and it was lapped on by the 3rd place getter KIMANI.
Mr Orange however disputed that SWAMP MAJOR was in a break when it hit the line. He acknowledged that his horse had struck its shin but he said that despite this it was not in a break prior to the line. He said after striking itself his horse was awkward in its action but he said it kept trying to pace and did so until after the line. Mr Orange used the race films to demonstrate his point and he emphasised to the Committee that the films showed his horse's leg action showed that it was still pacing although it was an awkward action.
Mr McIntyre responded by saying that it was the Stewards' view that SWAMP MAJOR was in a break prior to the finishing line and that it was lapped on by KIMANI.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre confirmed the Stewards' view and said that SWAMP MAJOR had been lapped on and therefore should be relegated behind KIMANI.
Mr Orange referred to his evidence and said that although his horse was pacing awkwardly or roughly prior to the line it was still pacing.
reasonsfordecision:
The Committee has carefully considered the evidence from both parties and we have spent some time watching the films of the incident. We have particularly taken the opportunity to watch the films in slow motion because we believe that the decision in this instance is a close call.
The films showed SWAMP MAJOR striking itself but to its credit, although it became unbalanced, it kept trying to pace. In our view it did so for a distance although its action was very awkward and, in industry parlance," it paced roughly ".
With the evidence available to us we could not be satisfied to the required standard that SWAMP MAJOR was in a break when its nose hit the line. It is our view therefore that the Protest should be dismissed.
Decision:
The Protest is dismissed and the Judge's placings stand.
It is ordered that dividends and stakes be paid in accordance with the Judge's placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(5)
Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr B Orange - Driver of SWAMP MAJOR and representing the connections of SWAMP MAJOR
StipendSteward:
raceid: b6ec3b325c971223868c1fb3172989bd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 408c57be8154b520009ffc7e5e16e43d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/12/2014
meet_title: Auckland TC - 19 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC