Archive Decision

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Wyndham HRC 6 January 2018 – R 11 (instigating a protest) – Chair, Prof G Hall

ID: JCA16536

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr C Thornley - Driver of SELENA FRANCO

Information Number:
A9797

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Wyndham HRC - 6 January 2018

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2018/01/06

Race Number:
R 11

Decision:

Amended placings are:
1st - 13 FOO FIGHTER
2nd - 4 MIGHTY EMPIRE
3rd - 12 KIWI ON SHOW
4th - 1 SELENA FRANCO

Stakes and dividends are to be paid accordingly.

 

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that horse 1 SELENA FRANCO in race 11, the GOLDEN VIEW LIFESTYLE VILLAGE/PG WRIGHTSON REAL ESTATE CROMWELL MOBILE PACE, galloped over the concluding stages and was lapped on by KIWI ON SHOW.

Judge’s placings were:
1st - 13 FOO FIGHTER
2nd - 4 MIGHTY EMPIRE
3rd - 1 SELENA FRANCO
4th - 12 KIWI ON SHOW

The official margin between 3rd and 4th was ¾ of a length.

Submissions for Decision:

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.

Mr McIntyre, Manager of Stewards, demonstrated on the videos that in his view, within the final 40 metres SELENA FRANCO broke and continued in a gallop past the finishing line. He submitted that the horse was lapped on by KIWI ON SHOW. This was confirmed by the print of the photo finish.

Mr C Thornley, the driver of SELENA FRANCO, represented the connections of that horse, and did not contest the protest.

Reasons for Decision:

We are satisfied that SELENA FRANCO was in a gallop at the winning post, and was lapped on by KIWI ON SHOW. The margin between third and fourth was 3/4 of a length. SELENA FRANCO has broken free of interference and in these circumstances we relegate SELENA FRANCO to behind KIWI ON SHOW.

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: c2506511daf98d6256502ed006fdd93f


informantnumber: A9797


horsename: SELENA FRANCO


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 09/01/2018


hearing_title: Wyndham HRC 6 January 2018 - R 11 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that horse 1 SELENA FRANCO in race 11, the GOLDEN VIEW LIFESTYLE VILLAGE/PG WRIGHTSON REAL ESTATE CROMWELL MOBILE PACE, galloped over the concluding stages and was lapped on by KIWI ON SHOW.

Judge’s placings were:
1st - 13 FOO FIGHTER
2nd - 4 MIGHTY EMPIRE
3rd - 1 SELENA FRANCO
4th - 12 KIWI ON SHOW

The official margin between 3rd and 4th was ¾ of a length.


appealdecision:


isappeal:


submissionsfordecision:

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.

Mr McIntyre, Manager of Stewards, demonstrated on the videos that in his view, within the final 40 metres SELENA FRANCO broke and continued in a gallop past the finishing line. He submitted that the horse was lapped on by KIWI ON SHOW. This was confirmed by the print of the photo finish.

Mr C Thornley, the driver of SELENA FRANCO, represented the connections of that horse, and did not contest the protest.


reasonsfordecision:

We are satisfied that SELENA FRANCO was in a gallop at the winning post, and was lapped on by KIWI ON SHOW. The margin between third and fourth was 3/4 of a length. SELENA FRANCO has broken free of interference and in these circumstances we relegate SELENA FRANCO to behind KIWI ON SHOW.


Decision:

Amended placings are:
1st - 13 FOO FIGHTER
2nd - 4 MIGHTY EMPIRE
3rd - 12 KIWI ON SHOW
4th - 1 SELENA FRANCO

Stakes and dividends are to be paid accordingly.

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr N McIntyre - General Manager Stewards


Respondent: Mr C Thornley - Driver of SELENA FRANCO


StipendSteward:


raceid: 2f8f4cf8932e95fc1eae11a578b6529a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5d38f6609f81e07fd927662387e1e242


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/01/2018


meet_title: Wyndham HRC - 6 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Wyndham HRC