NZ Metro TC 10 December 2015 – R 7 (instigating a protest) – Chair, Mr S Ching
ID: JCA18013
Meet Title:
NZ Metro TC - 10 December 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/12/10
Race Number:
R7
Decision:
The protest was upheld and HEARD THE WHISPER was relegated to 4th place behind both CLOVER MAC and XMAS JOYELLA.
Consequent upon the relegation, the amended result for the race is as follows:
1st - WILLIAM LANCE (8)
2nd - CLOVER MAC (5)
3rd - XMAS JOYELLA (7)
4th - HEARD THE WHISPER (6)
5th - BONO HEST (4)
6th - TEHORO HOLLY (2)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 7, the Teltrac Communications Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Renault, against HEARD THE WHISPER, driven by Mr B Williamson, placed 2nd by the judge, in that HEARD THE WHISPER broke in the final stages and was lapped on by CLOVER MAC and XMAS JOYELLA as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.
The Judges placings in this race were as follows.
1st - WILLIAM LANCE (8)
2nd - HEARD THE WHISPER (6)
3rd - CLOVER MAC (5)
4th - XMAS JOYELLA (7)
5th - BONO HEST (4)
6th - TEHORO HOLLY (2)
Mr Williamson had endorsed on the information form and signed “I do not contest the protest.”
He had also advised the Stewards that he did not wish to be present for the hearing.
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(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”
Submissions for Decision:
Mr Renault showed a video replay of the final stages of the race. He pointed out HEARD THE WHISPER, driven by Mr Williamson, when in the lead, switch into a pace near the 40m and thereafter go into a break prior to the post and continue in a break until the winning post eventually finishing in 2nd place. Mr Renault submitted that HEARD THE WHISPER was clearly lapped on by the 3rd placed CLOVER MAC and 4th placed XMAS JOYELLA when crossing the finish line. The official margin between 2nd and 3rd was a ½ length with a head margin between 3rd and 4th placing.
Mr Renault submitted that the Stewards were seeking relegation of HEARD THE WHISPER to behind 4th placed XMAS JOYELLA.
Reasons for Decision:
The Committee was satisfied that HEARD THE WHISPER was in breach of Rule 870 (5). It was clear that HEARD THE WHISPER had switched into a pace near the 40m and thereafter broke and continued on in a break as it crossed the finish line. HEARD THE WHISPER was clearly lapped on by the 3rd placed CLOVER MAC and 4th placed XMAS JOYELLA. It was appropriate the protest be upheld and that HEARD THE WHISPER relegated.
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: e218bbad0fe99079b055d618c849c3ea
informantnumber: A6621
horsename: HEARD THE WHISPER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/12/2015
hearing_title: NZ Metro TC 10 December 2015 - R 7 (instigating a protest) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Teltrac Communications Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Renault, against HEARD THE WHISPER, driven by Mr B Williamson, placed 2nd by the judge, in that HEARD THE WHISPER broke in the final stages and was lapped on by CLOVER MAC and XMAS JOYELLA as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.
The Judges placings in this race were as follows.
1st - WILLIAM LANCE (8)
2nd - HEARD THE WHISPER (6)
3rd - CLOVER MAC (5)
4th - XMAS JOYELLA (7)
5th - BONO HEST (4)
6th - TEHORO HOLLY (2)
Mr Williamson had endorsed on the information form and signed “I do not contest the protest.”
He had also advised the Stewards that he did not wish to be present for the hearing.
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(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed a video replay of the final stages of the race. He pointed out HEARD THE WHISPER, driven by Mr Williamson, when in the lead, switch into a pace near the 40m and thereafter go into a break prior to the post and continue in a break until the winning post eventually finishing in 2nd place. Mr Renault submitted that HEARD THE WHISPER was clearly lapped on by the 3rd placed CLOVER MAC and 4th placed XMAS JOYELLA when crossing the finish line. The official margin between 2nd and 3rd was a ½ length with a head margin between 3rd and 4th placing.
Mr Renault submitted that the Stewards were seeking relegation of HEARD THE WHISPER to behind 4th placed XMAS JOYELLA.
reasonsfordecision:
The Committee was satisfied that HEARD THE WHISPER was in breach of Rule 870 (5). It was clear that HEARD THE WHISPER had switched into a pace near the 40m and thereafter broke and continued on in a break as it crossed the finish line. HEARD THE WHISPER was clearly lapped on by the 3rd placed CLOVER MAC and 4th placed XMAS JOYELLA. It was appropriate the protest be upheld and that HEARD THE WHISPER relegated.
Decision:
The protest was upheld and HEARD THE WHISPER was relegated to 4th place behind both CLOVER MAC and XMAS JOYELLA.
Consequent upon the relegation, the amended result for the race is as follows:
1st - WILLIAM LANCE (8)
2nd - CLOVER MAC (5)
3rd - XMAS JOYELLA (7)
4th - HEARD THE WHISPER (6)
5th - BONO HEST (4)
6th - TEHORO HOLLY (2)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (5) (Instigating a Protest)
Informant: S Renault-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: B Williamson-Junior Horseman
StipendSteward:
raceid: de1232a540c8e64508df29c6c8f9164f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9f4cb7b7f21a5f5e90d008f2e08c9f8b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/12/2015
meet_title: NZ Metro TC - 10 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC