Marlborough HRC 13 January 2012 – R 3 (instigating a protest)
ID: JCA17933
Meet Title:
Marlborough HRC - 13 January 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2012/01/13
Race Number:
R 3
Decision:
The protest was upheld, and “Donegal Forty Seven” was relegated from 2nd to 4th place. The amended places are as follows:
1st – Field Officer (8)
2nd – Strawb’s Better Act (13)
3rd – Village Terror (3)
4th – Donegal Forty Seven (9)
5th – Lilytomella (6)
6th – Raja Bromac (4)
Facts:
Following the running of Race 3, the Criterion Hotel Maiden Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr S. P. Renault pursuant to Rule 870(5) against the 2nd placing of “Donegal Forty Seven” (9). It was alleged that this horse was in a break when crossing the finishing line, and was lapped on by other runners.
The Judge’s official placings in this race were as follows:
1st – Field Officer (8)
2nd – Donegal Forty Seven (9)
3rd – Strawb’s Better Act (13)
4th – Village Terror (3)
5th – Lilytomella (6)
6th – Raja Bromac (4)
The Information reads as follows:
I the above named informant allege that Donegal Forty Seven broke over the concluding stages and was lapped on by Strawb’s Better Act.”
Rule 870(5) 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.”
Mr D. J. Dunn the driver of “Donegal Forty Seven” represented the interests of that horse.
Submissions for Decision:
Video coverage of this incident was shown to illustrate that inside the final 50 metres of this race “Donegal Forty Seven” had broken from its correct gait, and was still in a break when it reached the finishing line. At the finishing line “Donegal Forty Seven” was lapped on by “Strawb’s Better Act” (13), which was a head away, and “Village Terror” (3) which was a further ¾ of a lengths back. Mr Dunn did not contest these facts, or that “Donegal Forty Seven" should be relegated to 4th place.
There were discussions as to whether the 5th horse, “Lilytomella” (6), was also lapped on to “Donegal Forty Seven” It was established that the official margin between “Donegal Forty Seven” and “Lilytomella” added up to one length. The photo finish and the video coverage were inconclusive as to whether “Lilytomella” was in fact lapped on to “Donegal Forty Seven” and for these reasons no change was made to these placings.
Mr Renault made submissions that “Donegal Forty Seven” should be relegated to 4th place behind “Strawb’s Better Act” and “Village Terror”. Mr Dunn did not contest this relegation.
Reasons for Decision:
We were satisfied that this protest was not contested and that “Donegal Forty Seven” should be relegated from 2nd 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: d9abea6b496a95f9294f6a4becd08701
informantnumber: A5071
horsename: DONEGAL FORTY SEVEN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/01/2012
hearing_title: Marlborough HRC 13 January 2012 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3, the Criterion Hotel Maiden Mobile Pace, an Information Instigating a Protest was filed by Stipendiary Steward Mr S. P. Renault pursuant to Rule 870(5) against the 2nd placing of “Donegal Forty Seven” (9). It was alleged that this horse was in a break when crossing the finishing line, and was lapped on by other runners.
The Judge’s official placings in this race were as follows:
1st – Field Officer (8)
2nd – Donegal Forty Seven (9)
3rd – Strawb’s Better Act (13)
4th – Village Terror (3)
5th – Lilytomella (6)
6th – Raja Bromac (4)
The Information reads as follows:
I the above named informant allege that Donegal Forty Seven broke over the concluding stages and was lapped on by Strawb’s Better Act.”
Rule 870(5) 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.”
Mr D. J. Dunn the driver of “Donegal Forty Seven” represented the interests of that horse.
appealdecision:
isappeal:
submissionsfordecision:
Video coverage of this incident was shown to illustrate that inside the final 50 metres of this race “Donegal Forty Seven” had broken from its correct gait, and was still in a break when it reached the finishing line. At the finishing line “Donegal Forty Seven” was lapped on by “Strawb’s Better Act” (13), which was a head away, and “Village Terror” (3) which was a further ¾ of a lengths back. Mr Dunn did not contest these facts, or that “Donegal Forty Seven" should be relegated to 4th place.
There were discussions as to whether the 5th horse, “Lilytomella” (6), was also lapped on to “Donegal Forty Seven” It was established that the official margin between “Donegal Forty Seven” and “Lilytomella” added up to one length. The photo finish and the video coverage were inconclusive as to whether “Lilytomella” was in fact lapped on to “Donegal Forty Seven” and for these reasons no change was made to these placings.
Mr Renault made submissions that “Donegal Forty Seven” should be relegated to 4th place behind “Strawb’s Better Act” and “Village Terror”. Mr Dunn did not contest this relegation.
reasonsfordecision:
We were satisfied that this protest was not contested and that “Donegal Forty Seven” should be relegated from 2nd to 4th place.
Decision:
The protest was upheld, and “Donegal Forty Seven” was relegated from 2nd to 4th place. The amended places are as follows:
1st – Field Officer (8)
2nd – Strawb’s Better Act (13)
3rd – Village Terror (3)
4th – Donegal Forty Seven (9)
5th – Lilytomella (6)
6th – Raja Bromac (4)
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr D J Dunn - Open Horseman
StipendSteward:
raceid: 1bfa208ad2f2ef0f327abc6e5f78fe99
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b3aa23d6c4b771f2445033066f84c01b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/01/2012
meet_title: Marlborough HRC - 13 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: Marlborough HRC