Westport TC 26 December 2017 – R 2 (instigating a protest) – Chair, Mr G Clapp

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startdate: 26/12/2017

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hearing_title: Westport TC 26 December 2017 - R 2 (instigating a protest) - Chair, Mr G Clapp

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr SW Wallis, Stipendiary Steward

Respondent: Mr CJ Markham, Open Horseman

Information No: A10207

Meeting: Westport Trotting Club Inc

Date: 26 December 2017

Venue: Patterson Park, Westport

Race: 2

Rule No: 870 (5)

Judicial Committee: G J Clapp, Chairman – R G McKenzie, Committee Member

Also Present: Mr S Renault, Stipendiary Steward

FACTS:
Following the running of Race 2, New World Westport Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr SW Wallis, against “STORM ALERT” (Mr CJ Markham), placed 3rd by the judge, on the ground that it was in a break over the finish line and was lapped on by “CRUSADER CONQUEROR”, placed 4th by the judge.

Mr Markham, representing the connections of “STORM ALERT”, had signed the information form indicating that he did not contest the protest. Mr Wallis confirmed that Mr Markham did not wish to be present at the hearing of the information.

The judge’s placings were as follows:

1st - 12 Geena’s Girl
2nd - 2 Scallywag Sam
3rd - 14 Storm Alert
4th - 1 Crusader Conqueror
5th - 10 Breaking Bad
6th - 7 Sods Law

The official margins were 1½ lengths, 3¾ lengths 1 length, ½ Head.

Rule 870 provides:
(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 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.

SUBMISSIONS:
Mr Wallis with the assistance of Mr Renault showed a video replay of the final 50 metres of the race. He pointed out STORM ALERT, driven by Mr Markham, in 3rd place, go into a break. He referred to the 50 metres marker on the inside of the track and submitted that STORM ALERT had gone into a gallop at about level with that marker and continued in a break over the finish line. Mr Wallis also said that the official margins between 3rd and 4th was one length, but the course photo finish operator had been into the steward’s room and advised the margin was 1½ inches less than a length to confirm that STORM ALERT had in fact been lapped on by the 4th horse CRUSADER CONQUEROR.

Mr Wallis sought relegation of STORM ALERT to 4th, behind CRUSADER CONQUEROR.

REASONS FOR DECISION:
The Committee was satisfied that STORM ALERT had gone into a gallop, free of interference, approximately 50 metres from the finishing line and was in a gallop when its nose reached the finishing line. The Committee was further satisfied that it was lapped on by the 4th placed runner, CRUSADER CONQUEROR, in its correct gait. Finally, the Committee noted that Mr Markham did not contest the relegation of STORM ALERT.

DECISION:
The protest was upheld and STORM ALERT was relegated to 4th placing.

Consequent upon the relegation, the amended result for the race is as follows:

1st - 12 Geena’s Girl
2nd - 2 Scallywag Sam
3rd - 1 Crusader Conqueror
4th - 14 Storm Alert
5th - 10 Breaking Bad
6th - 7 Sods Law

It was ordered that dividends and stakes be paid in accordance with that amended result.

G Clapp
Chairman
 

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Rules: 870(5)

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