Kaikoura TC 29 October 2017 – R 6 (instigating a protest) – Chair, Mr S Ching
ID: JCA17203
Meet Title:
Kaikoura TC - 29 October 2017
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/10/29
Race Number:
R6
Decision:
The protest was upheld, and MEKONG PRINCESS was relegated to 4th place behind MOTU GREAT SENSATION, RUTHLESS SUCCESS and SUGAR CANE.
Consequent upon the relegation, the amended result for the race is as follows:
1st - MOTU GREAT SENSATION (5)
2nd - RUTHLESS SUCCESS (1)
3rd - SUGAR CANE (6)
4th - MEKONG PRINCESS (8)
5th - SHPEEDY (7)
6th - ELLA ABBE (3)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 6, the Harmac Concrete Ltd Mobile Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr S Wallis, against MEKONG PRINCESS, driven by Mr M House, placed 1st by the judge, in that MEKONG PRINCESS broke in the final stages and was lapped on by 2nd placed MOTU GREAT SENSATION, 3rd placed RUTHLESS SUCCESS and 4th placed SUGAR CANE as the horses passed the post which is in breach of Rule 870 (5).
The Judges placings in this race were as follows.
1st - MEKONG PRINCESS (8)
2nd - MOTU GREAT SENSATION (5)
3rd - RUTHLESS SUCCESS (1)
4th - SUGAR CANE (6)
5th - SHPEEDY (7)
6th - ELLA ABBE (3)
Mr M House represented the connections of MEKONG PRINCESS and had indicated on the information that the protest was contested. Mr House confirmed that he understood the Rule pursuant to the protest and that he contested the protest.
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(A) such relegation of the horse shall be at the discretion of the Judicial Committee.”
Submissions for Decision:
Mr Wallis showed a video replay of the final stages of the race. He pointed out MEKONG PRINCESS, driven by Mr House, towards the outside of the track and in the lead, break from its correct gait approximately 45m prior to the line and continue on in a break until the finish line, eventually finishing in 1st place. Mr Wallis stated that the margins between 1st, 2nd, 3rd and 4th were a nose, neck, ½ length and a neck. He submitted that MEKONG PRINCESS was clearly lapped on by the 2nd, 3rd and 4th placed runners who finished lapped on to MEKONG PRINCESS as the horses crossed the finish line.
Mr Wallis submitted that the Stewards were seeking relegation of MEKONG PRINCESS to 4th place behind 2nd placed MOTU GREAT SENSATION, 3rd placed RUTHLESS SUCCESS and 4th placed SUGAR CANE.
Mr House stated that he contested the protest on the grounds of interference, in that the hind leg of MEKONG PRINCESS slipped at the crossing just prior to the finish and this was the cause of the horse breaking. He stated that the Committee has a discretion not to relegate if the circumstances of the horse breaking was caused by interference.
Mr Wallis read to the hearing the relevant Rule 869(A) which clearly states the definition of interference referred to in Rule 869. He said that under Rule 869 it was clear that the definition of interference was from other horses or their drivers and would not include the circumstances of MEKONG PRINCESS breaking.
Reasons for Decision:
The Committee was satisfied that MEKONG PRINCESS was in a break as the horse crossed the finish line. After considering Mr House’s submissions that interference had occurred to MEKONG PRINCESS at the crossing where he alleged the mare slipped, we were satisfied that something had occurred at that point, which resulted in the horse breaking. After taking into account the definition of the Rules involved, it was clear to this Committee that Mr House’s submission that MEKONG PRINCESS had received interference from the track was not applicable and therefore did not constitute interference within the meaning of the rules.
The Committee was therefore satisfied that MEKONG PRINCESS was in breach of Rule 870(5). It was clear that MEKONG PRINCESS had broken from its gait approaching the finish and thereafter continued on in a break, as it crossed the finish line. MEKONG PRINCESS was clearly lapped on by the 2nd placed MOTU GREAT SENSATION, 3rd placed RUTHLESS SUCCESS and 4th placed SUGAR CANE.
It was appropriate the protest be upheld, and that MEKONG PRINCESS be relegated to 4th place.
JCA Decision Fields (raw)
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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: e91228d7bf0e77d023c2f901a8aecde7
informantnumber: A09590
horsename: MEKONG PRINCESS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/10/2017
hearing_title: Kaikoura TC 29 October 2017 - R 6 (instigating a protest) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the Harmac Concrete Ltd Mobile Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr S Wallis, against MEKONG PRINCESS, driven by Mr M House, placed 1st by the judge, in that MEKONG PRINCESS broke in the final stages and was lapped on by 2nd placed MOTU GREAT SENSATION, 3rd placed RUTHLESS SUCCESS and 4th placed SUGAR CANE as the horses passed the post which is in breach of Rule 870 (5).
The Judges placings in this race were as follows.
1st - MEKONG PRINCESS (8)
2nd - MOTU GREAT SENSATION (5)
3rd - RUTHLESS SUCCESS (1)
4th - SUGAR CANE (6)
5th - SHPEEDY (7)
6th - ELLA ABBE (3)
Mr M House represented the connections of MEKONG PRINCESS and had indicated on the information that the protest was contested. Mr House confirmed that he understood the Rule pursuant to the protest and that he contested the protest.
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(A) such relegation of the horse shall be at the discretion of the Judicial Committee.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed a video replay of the final stages of the race. He pointed out MEKONG PRINCESS, driven by Mr House, towards the outside of the track and in the lead, break from its correct gait approximately 45m prior to the line and continue on in a break until the finish line, eventually finishing in 1st place. Mr Wallis stated that the margins between 1st, 2nd, 3rd and 4th were a nose, neck, ½ length and a neck. He submitted that MEKONG PRINCESS was clearly lapped on by the 2nd, 3rd and 4th placed runners who finished lapped on to MEKONG PRINCESS as the horses crossed the finish line.
Mr Wallis submitted that the Stewards were seeking relegation of MEKONG PRINCESS to 4th place behind 2nd placed MOTU GREAT SENSATION, 3rd placed RUTHLESS SUCCESS and 4th placed SUGAR CANE.
Mr House stated that he contested the protest on the grounds of interference, in that the hind leg of MEKONG PRINCESS slipped at the crossing just prior to the finish and this was the cause of the horse breaking. He stated that the Committee has a discretion not to relegate if the circumstances of the horse breaking was caused by interference.
Mr Wallis read to the hearing the relevant Rule 869(A) which clearly states the definition of interference referred to in Rule 869. He said that under Rule 869 it was clear that the definition of interference was from other horses or their drivers and would not include the circumstances of MEKONG PRINCESS breaking.
reasonsfordecision:
The Committee was satisfied that MEKONG PRINCESS was in a break as the horse crossed the finish line. After considering Mr House’s submissions that interference had occurred to MEKONG PRINCESS at the crossing where he alleged the mare slipped, we were satisfied that something had occurred at that point, which resulted in the horse breaking. After taking into account the definition of the Rules involved, it was clear to this Committee that Mr House’s submission that MEKONG PRINCESS had received interference from the track was not applicable and therefore did not constitute interference within the meaning of the rules.
The Committee was therefore satisfied that MEKONG PRINCESS was in breach of Rule 870(5). It was clear that MEKONG PRINCESS had broken from its gait approaching the finish and thereafter continued on in a break, as it crossed the finish line. MEKONG PRINCESS was clearly lapped on by the 2nd placed MOTU GREAT SENSATION, 3rd placed RUTHLESS SUCCESS and 4th placed SUGAR CANE.
It was appropriate the protest be upheld, and that MEKONG PRINCESS be relegated to 4th place.
Decision:
The protest was upheld, and MEKONG PRINCESS was relegated to 4th place behind MOTU GREAT SENSATION, RUTHLESS SUCCESS and SUGAR CANE.
Consequent upon the relegation, the amended result for the race is as follows:
1st - MOTU GREAT SENSATION (5)
2nd - RUTHLESS SUCCESS (1)
3rd - SUGAR CANE (6)
4th - MEKONG PRINCESS (8)
5th - SHPEEDY (7)
6th - ELLA ABBE (3)
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: Mr S W Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr M House - Driver of MEKONG PRINCESS representing connections
StipendSteward:
raceid: bcf523dad4831bb5ecf2ef78a1a012df
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f086d9e9c18a440926ad01436f475406
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/10/2017
meet_title: Kaikoura TC - 29 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Kaikoura TC