Reefton TC 30 December 2013 – R10 (instigating a protest)
ID: JCA17435
Meet Title:
Reefton TC - 30 December 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/12/30
Race Number:
R10
Decision:
The protest was upheld and CLIFDEN CLOWERS was relegated to 5th placing. Consequent upon the relegation, the amended result for the race is as follows:
1st - 4 Bim Bom Bay
2nd - 3 Donaldson
3rd - 3 Opawa Speed
4th - 5 Diggerboy
5th - 6 Clifden Clowers
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 10, Rosco Contractors Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against CLIFDEN CLOWERS (J F Curtin), placed 4th by the judge, which “when in a break over the finish line was lapped on by DIGGERBOY”, placed 5th.
Mr Curtin had endorsed on the information and signed “I do not contest”. Mr Mounce was present at the hearing of the information representing the owner, Problem Drinkers Syndicate.
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 shall be at the discretion of the Judicial Committee.
The judge’s placings for the race were as follows:
1st - 4 Bim Bom Bay
2nd - 3 Donaldson
3rd - 3 Opawa Speed
4th - 6 Clifden Clowers
5th - 5 Diggerboy
Submissions for Decision:
Mr Wallis showed video replays of the final 100 metres of the race. He pointed out CLIFDEN CLOWERS, driven by Mr Curtin, in the lead at that stage. Just after the 50 metres mark (which he pointed out on the inside of the track) the horse went into a gallop and continued in that gallop to the finishing line, finishing in 4th placing. It was lapped on by the 5th horse DIGGERBOY (J D Markham) on its inside, Mr Wallis said. He produced the official photo finish of the race. The judge’s margin between 4th and 5th was a long neck.
Reasons for Decision:
The Committee was satisfied that CLIFDEN CLOWERS had broken from its gait, free of interference, inside the final 50 metres of the race. It was further satisfied, from the video evidence and the photo finish, that the horse was not in its correct gait when its nose reached the finishing line and that it was lapped on by the 5th placed horse, DIGGERBOY. We were required by the Rule to relegate CLIFDEN CLOWERS behind DIGGERBOY.
It was also noted that Mr Curtin did not contest the protest.
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: e32801df0f3341525b55705145e32520
informantnumber: A2440
horsename: CLIFDEN CLOWERS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2013
hearing_title: Reefton TC 30 December 2013 - R10 (instigating a protest)
charge:
facts:
Following the running of Race 10, Rosco Contractors Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against CLIFDEN CLOWERS (J F Curtin), placed 4th by the judge, which “when in a break over the finish line was lapped on by DIGGERBOY”, placed 5th.
Mr Curtin had endorsed on the information and signed “I do not contest”. Mr Mounce was present at the hearing of the information representing the owner, Problem Drinkers Syndicate.
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 shall be at the discretion of the Judicial Committee.
The judge’s placings for the race were as follows:
1st - 4 Bim Bom Bay
2nd - 3 Donaldson
3rd - 3 Opawa Speed
4th - 6 Clifden Clowers
5th - 5 Diggerboy
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed video replays of the final 100 metres of the race. He pointed out CLIFDEN CLOWERS, driven by Mr Curtin, in the lead at that stage. Just after the 50 metres mark (which he pointed out on the inside of the track) the horse went into a gallop and continued in that gallop to the finishing line, finishing in 4th placing. It was lapped on by the 5th horse DIGGERBOY (J D Markham) on its inside, Mr Wallis said. He produced the official photo finish of the race. The judge’s margin between 4th and 5th was a long neck.
reasonsfordecision:
The Committee was satisfied that CLIFDEN CLOWERS had broken from its gait, free of interference, inside the final 50 metres of the race. It was further satisfied, from the video evidence and the photo finish, that the horse was not in its correct gait when its nose reached the finishing line and that it was lapped on by the 5th placed horse, DIGGERBOY. We were required by the Rule to relegate CLIFDEN CLOWERS behind DIGGERBOY.
It was also noted that Mr Curtin did not contest the protest.
Decision:
The protest was upheld and CLIFDEN CLOWERS was relegated to 5th placing. Consequent upon the relegation, the amended result for the race is as follows:
1st - 4 Bim Bom Bay
2nd - 3 Donaldson
3rd - 3 Opawa Speed
4th - 5 Diggerboy
5th - 6 Clifden Clowers
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: S W Wallis, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr Mounce
Respondent: J F Curtin, Licensed Open Horseman
StipendSteward:
raceid: 3a7724757056e6e04f43939b348f07b9
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: ada0a38df6cc8938508f1d8d1c54e4fa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2013
meet_title: Reefton TC - 30 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Reefton TC