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HR Waikato 2 January 2015 – R 6 (instigating a protest)

ID: JCA17713

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr S McCaffrey - Licensed Trainer of STYX IT TO EM

Information Number:
A3988

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Harness Racing Waikato - 2 January 2015

Meet Chair:
GJones

Meet Committee Member 1:
AGodsalve

Race Date:
2015/01/02

Race Number:
R6

Decision:

We relegate STYX IT TO EM from 4th to 5th placing and order payment of stakes and dividends in accordance with the amended placings, which are as follows;
1st - No 4 SKIPPY RASCAL
2nd - No 7 FREESPIN
3rd - No 9 LUCIA BROMAC
4th - No 8 GLENLOCHAR
5th - No 1 STYX IT TO EM
 

Facts:

This is an uncontested protest arising from race 6 the Brogden Lodge Transport Mobile Pace. Mr Mulcay, Stipendiary Steward, alleged that 4th placed STYX IT TO EM was in an incorrect gait and was lapped on by the 5th placed GLENLOCHAR when it crossed the finish line.
Mr McCaffrey was not present at the hearing and he endorsed the Information “I do not contest protest”.

The provisional Judges places were:
1st - No 4 SKIPPY RASCAL
2nd  - No 7 FREESPIN
3rd  - No 9 LUCIA BROMAC
4th  - No 1 STYX IT TO EM
5th  - No 8 GLENLOCHAR

Submissions for Decision:

Mr Mulcay told the Committee that STYX IT TO EM galloped across the finish line in 4th place and was lapped on by the 5th placed GLENLOCHAR. He submitted that STYX IT TO EM be relegated from 4th to 5th place in accordance with R870 (5) which provides that:
(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 869A) such relegation of the horse shall be at the discretion of the Judicial Committee.

Reasons for Decision:

The protest is uncontested, therefore upheld. Lapped on means when a horse has its nose in line with any part of the breaking horse’s body when the nose of the breaking horse reaches the finish line. In this case the evidence supports the fact that STYX IT TO EM was clearly in breach of this provision.

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: e366892e1b45849f71297c7fad0f24a8

informantnumber: A3988

horsename: STYX IT TO EM

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 29/12/2014

hearing_title: HR Waikato 2 January 2015 - R 6 (instigating a protest)

charge:

facts:

This is an uncontested protest arising from race 6 the Brogden Lodge Transport Mobile Pace. Mr Mulcay, Stipendiary Steward, alleged that 4th placed STYX IT TO EM was in an incorrect gait and was lapped on by the 5th placed GLENLOCHAR when it crossed the finish line.
Mr McCaffrey was not present at the hearing and he endorsed the Information “I do not contest protest”.

The provisional Judges places were:
1st - No 4 SKIPPY RASCAL
2nd  - No 7 FREESPIN
3rd  - No 9 LUCIA BROMAC
4th  - No 1 STYX IT TO EM
5th  - No 8 GLENLOCHAR

appealdecision:

isappeal:

submissionsfordecision:

Mr Mulcay told the Committee that STYX IT TO EM galloped across the finish line in 4th place and was lapped on by the 5th placed GLENLOCHAR. He submitted that STYX IT TO EM be relegated from 4th to 5th place in accordance with R870 (5) which provides that:
(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 869A) such relegation of the horse shall be at the discretion of the Judicial Committee.

reasonsfordecision:

The protest is uncontested, therefore upheld. Lapped on means when a horse has its nose in line with any part of the breaking horse’s body when the nose of the breaking horse reaches the finish line. In this case the evidence supports the fact that STYX IT TO EM was clearly in breach of this provision.

Decision:

We relegate STYX IT TO EM from 4th to 5th placing and order payment of stakes and dividends in accordance with the amended placings, which are as follows;
1st - No 4 SKIPPY RASCAL
2nd - No 7 FREESPIN
3rd - No 9 LUCIA BROMAC
4th - No 8 GLENLOCHAR
5th - No 1 STYX IT TO EM
 

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 870(5)

Informant: Mr S Mulcay - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Nil - uncontested

Respondent: Mr S McCaffrey - Licensed Trainer of STYX IT TO EM

StipendSteward:

raceid: 19417eb3062cb188ead10dd570d2f64f

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: bd34c1a13596fb8a63833838c0c9039e

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 02/01/2015

meet_title: Harness Racing Waikato - 2 January 2015

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: harness-racing-waikato

meet_racingtype: harness-racing

meet_chair: GJones

meet_pm1: AGodsalve

meet_pm2: none

name: Harness Racing Waikato