Archive Decision

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Winton HRC 16 December 2018 – R 1 (instigating a protest) – Chair, Prof G Hall

ID: JCA16535

Applicant:
Mr Munro - Stipendiary Steward

Respondent(s):
Mr N Williamson - Driver of FLOGGING MOLLY

Information Number:
12461

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Winton HRC - 16 December 2018

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2018/12/16

Race Number:
R 1

Decision:

The amended placings are:

1st 11 VINTAGE ROSE
2nd 9 MAAHES
3RD 3 IDEAL ASSET
4TH 8 PARTICULAR
5TH 10 FLOGGING MOLLY

Dividends and stakes are to be paid accordingly.

Facts:

Mr Munro alleged that FLOGGING MOLLY was in a break across the finishing line and, in doing so, was lapped on by IDEAL ASSET and PARTICULAR.

Judge’s placings were:

1st 11 VINTAGE ROSE
2nd 9 MAAHES
3RD 10 FLOGGING MOLLY
4TH 3 IDEAL ASSET
5TH 8 PARTICULAR

Margins were: 7 ¾ L; 1 1/4 L; long neck; nose; 2 3/4L.

Rule 870(5) states:

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 r 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.

Submissions for Decision:

Mr Renault, Stipendiary Steward, demonstrated on the videos that with some 45 metres to run FLOGGING MOLLY went roughly before breaking and galloping across the line. The horse was lapped on by IDEAL ASSET and PARTICULAR.

Mr N Williamson, driver of FLOGGING MOLLY and who represented the connections of the horse, did not contest the protest and did not wish to be present at the hearing.

Reasons for Decision:

We are satisfied that FLOGGING MOLLY broke of her own accord and was not in her proper gait when she crossed the finishing line. She was lapped on by IDEAL ASSET and PARTICULAR. Rule 870(5) confers no discretion upon a Committee in these circumstances. The horse is to be relegated behind any lapped on horse.

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: c22e5326eaf11d39a18e639a55e8d6a0


informantnumber: 12461


horsename: FLOGGING MOLLY


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 17/12/2018


hearing_title: Winton HRC 16 December 2018 - R 1 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

Mr Munro alleged that FLOGGING MOLLY was in a break across the finishing line and, in doing so, was lapped on by IDEAL ASSET and PARTICULAR.

Judge’s placings were:

1st 11 VINTAGE ROSE
2nd 9 MAAHES
3RD 10 FLOGGING MOLLY
4TH 3 IDEAL ASSET
5TH 8 PARTICULAR

Margins were: 7 ¾ L; 1 1/4 L; long neck; nose; 2 3/4L.

Rule 870(5) states:

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 r 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault, Stipendiary Steward, demonstrated on the videos that with some 45 metres to run FLOGGING MOLLY went roughly before breaking and galloping across the line. The horse was lapped on by IDEAL ASSET and PARTICULAR.

Mr N Williamson, driver of FLOGGING MOLLY and who represented the connections of the horse, did not contest the protest and did not wish to be present at the hearing.


reasonsfordecision:

We are satisfied that FLOGGING MOLLY broke of her own accord and was not in her proper gait when she crossed the finishing line. She was lapped on by IDEAL ASSET and PARTICULAR. Rule 870(5) confers no discretion upon a Committee in these circumstances. The horse is to be relegated behind any lapped on horse.


Decision:

The amended placings are:

1st 11 VINTAGE ROSE
2nd 9 MAAHES
3RD 3 IDEAL ASSET
4TH 8 PARTICULAR
5TH 10 FLOGGING MOLLY

Dividends and stakes are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr Munro - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr Renault - Stipendiary Steward


Respondent: Mr N Williamson - Driver of FLOGGING MOLLY


StipendSteward:


raceid: b3bc6717cba0ce83b7a951502cb89da2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8af01e4e03a34b544d57e0ecd6379d30


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/12/2018


meet_title: Winton HRC - 16 December 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Winton HRC