NZ Metro TC 9 October 2010 – R 5 (instigating a protest)
ID: JCA21880
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 9 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/09
Race Number:
R 5
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr N. R. Escott, Chief Stipendiary Steward
--Defendant: N/A
--Information No: 14555 (Instigating a Protest)
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 9 October 2010
--Venue: Addington Raceway
--Race No. 5: Hellers Ltd Handicap Trot
--Rule No: 870(5)
--Judicial Committee: J. M. Phelan, Chairman - K. G. Hales, Committee Member
----
Facts:
--Following the running of Race 5, the Hellers Ltd Handicap Trot, an information Instigating a Protest was filed by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of the “lapped on” Rule, Rule 870(5), by “King Charlie” (8) driven by Mr N. R. McGrath.
----
The Information reads as follows.
----
“This is a protest against horse number 8 placed 2nd by the Judge on the grounds of breaking from its gait (Rule 870(5)) over the finishing line.”
----
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 Escott gave evidence and used video coverage to show that “King Charlie” had broken from its correct gait a short distance before the finishing line, and was still in its incorrect gait when it reached the finishing line. At that time it was lapped on by the 3rd horse, “With Intent”, and the 4th horse, “Goldstar Invasion” (2). The official margins between the 2nd and 3rd horses were .3 of a length, and between the 3rd and 4th horses was .5 of a length.
----
Mr N. R. McGrath, the trainer of “King Charlie”, had endorsed the Information – “I do not contest the relegation of King Charlie to 4th place”.
----
Submissions:
--Mr Escott made submissions that “King Charlie” be relegated from 2nd to 4th place.
----
Decision:
--We were satisfied that “King Charlie” was lapped on as alleged, and that the protest was not contested. Accordingly “King Charlie” was relegated from 2nd to 4th place, with the amended places being as follows.
----
1st – Stylish Monarch (6)
--2nd – With Intent (3)
--3rd – Goldstar Invasion (2)
--4th – King Charlie (8)
--5th – Beat The Monarch (5)
--6th – Stormy Loch (1)
----
--
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: cc15aa12e8e6a226ec028ec53499b212
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 09/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC 9 October 2010 - R 5 (instigating a protest)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr N. R. Escott, Chief Stipendiary Steward
--Defendant: N/A
--Information No: 14555 (Instigating a Protest)
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 9 October 2010
--Venue: Addington Raceway
--Race No. 5: Hellers Ltd Handicap Trot
--Rule No: 870(5)
--Judicial Committee: J. M. Phelan, Chairman - K. G. Hales, Committee Member
----
Facts:
--Following the running of Race 5, the Hellers Ltd Handicap Trot, an information Instigating a Protest was filed by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of the “lapped on” Rule, Rule 870(5), by “King Charlie” (8) driven by Mr N. R. McGrath.
----
The Information reads as follows.
----
“This is a protest against horse number 8 placed 2nd by the Judge on the grounds of breaking from its gait (Rule 870(5)) over the finishing line.”
----
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 Escott gave evidence and used video coverage to show that “King Charlie” had broken from its correct gait a short distance before the finishing line, and was still in its incorrect gait when it reached the finishing line. At that time it was lapped on by the 3rd horse, “With Intent”, and the 4th horse, “Goldstar Invasion” (2). The official margins between the 2nd and 3rd horses were .3 of a length, and between the 3rd and 4th horses was .5 of a length.
----
Mr N. R. McGrath, the trainer of “King Charlie”, had endorsed the Information – “I do not contest the relegation of King Charlie to 4th place”.
----
Submissions:
--Mr Escott made submissions that “King Charlie” be relegated from 2nd to 4th place.
----
Decision:
--We were satisfied that “King Charlie” was lapped on as alleged, and that the protest was not contested. Accordingly “King Charlie” was relegated from 2nd to 4th place, with the amended places being as follows.
----
1st – Stylish Monarch (6)
--2nd – With Intent (3)
--3rd – Goldstar Invasion (2)
--4th – King Charlie (8)
--5th – Beat The Monarch (5)
--6th – Stormy Loch (1)
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 870(5)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d7f0e4e59f945d6d0c10e96dbd741c20
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 57d4070e3aff1c8941edf1303ea5e803
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/10/2010
meet_title: NZ Metro TC - 9 October 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: NZ Metro TC