Ashburton TC 26 December 2011 – R 10 (instigating a protest)
ID: JCA17359
Meet Title:
Ashburton TC - 26 December 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/12/26
Race Number:
R10
Decision:
The protest was upheld and ME OLD MATE was relegated from 1st to 3rd placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st - (3) Arden Tetrick
2nd - (2) Franco Revel
3rd - (7) Me Old Mate
4th - (4) Tarport Spirit
5th - (5) Izshebad
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 10, Ashburton Club Liquor Centre Limited Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against ME OLD MATE (C D Thornley), placed 1st by the judge, on the ground that “ME OLD MATE was in a break when crossing the line and lapped on by ARDEN TETRICK and FRANCO REVEL”.
Mr B C Hutton, the part-owner and trainer and driver of ME OLD MATE had endorsed on the information form and signed “I do not contest relegation from 1st to 3rd”.
Rule 870 provides as follows:
(5) 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 Rule 869 (8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
Submissions for Decision:
Mr Ydgren showed a video replay of the final stages of the race. He pointed out ME OLD MATE, driven by Mr Thornley, widest on the track, go into a gallop approximately 20 metres from the finishing line and continue in a gallop to the finishing line. The horse finished in 1st placing and was lapped on by both the 2nd placed runner, ARDEN TETRICK, and the 3rd placed runner, FRANCO REVEL. The judge’s margins were a long neck between 1st and 2nd, a neck between 2nd and 3rd and 1¼ lengths to 4th.
Mr Ydgren sought relegation of ME OLD MATE from 1st to 3rd.
Reasons for Decision:
The Committee was satisfied that ME OLD MATE was not in its correct gait when its nose reached the finishing line and, further, that it was lapped on by the 2nd and 3rd placed runners. The Committee was further satisfied that the horse was not in its correct gait as a result of any interference. The Committee also noted that Mr Hutton did not contest the relegation of ME OLD MATE. In terms of the Rule, the Committee was required to relegate ME OLD MATE behind the two runners that were lapped on.
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: fe0edea52eae40a7836e84061b4d4ee4
informantnumber: A5342
horsename: ME OLD MATE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/12/2011
hearing_title: Ashburton TC 26 December 2011 - R 10 (instigating a protest)
charge:
facts:
Following the running of Race 10, Ashburton Club Liquor Centre Limited Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against ME OLD MATE (C D Thornley), placed 1st by the judge, on the ground that “ME OLD MATE was in a break when crossing the line and lapped on by ARDEN TETRICK and FRANCO REVEL”.
Mr B C Hutton, the part-owner and trainer and driver of ME OLD MATE had endorsed on the information form and signed “I do not contest relegation from 1st to 3rd”.
Rule 870 provides as follows:
(5) 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 Rule 869 (8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the final stages of the race. He pointed out ME OLD MATE, driven by Mr Thornley, widest on the track, go into a gallop approximately 20 metres from the finishing line and continue in a gallop to the finishing line. The horse finished in 1st placing and was lapped on by both the 2nd placed runner, ARDEN TETRICK, and the 3rd placed runner, FRANCO REVEL. The judge’s margins were a long neck between 1st and 2nd, a neck between 2nd and 3rd and 1¼ lengths to 4th.
Mr Ydgren sought relegation of ME OLD MATE from 1st to 3rd.
reasonsfordecision:
The Committee was satisfied that ME OLD MATE was not in its correct gait when its nose reached the finishing line and, further, that it was lapped on by the 2nd and 3rd placed runners. The Committee was further satisfied that the horse was not in its correct gait as a result of any interference. The Committee also noted that Mr Hutton did not contest the relegation of ME OLD MATE. In terms of the Rule, the Committee was required to relegate ME OLD MATE behind the two runners that were lapped on.
Decision:
The protest was upheld and ME OLD MATE was relegated from 1st to 3rd placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st - (3) Arden Tetrick
2nd - (2) Franco Revel
3rd - (7) Me Old Mate
4th - (4) Tarport Spirit
5th - (5) Izshebad
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 N M Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr B C Hutton - Licensed Public Trainer
StipendSteward:
raceid: a34e4d0b3810bdaefb2fcb43db72564c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 28fa6c33be8ed757e402472f49aa0603
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2011
meet_title: Ashburton TC - 26 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Ashburton TC