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Ashburton TC 6 June 2011 – R3 (Instigating a protest)

ID: JCA17236

Applicant:
Nr N Ydgren - Stipendiary Steward

Respondent(s):
Mr J Boylan - Licensed Trainer

Information Number:
13912

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Ashburton TC - 6 June 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2011/06/06

Race Number:
R3

Decision:

The protest was upheld, and “Spencer Gore” was relegated from 3rd to 5th place. The amended places are as follows.
1st – Here Comes Pat (11)
2nd – Dragon Man (3)
3rd – Golden Bomber (1)
4th – Perdition (6)
5th – Spencer Gore (4)
6th – Quartet (5)
Note: This decision should be read in conjunction with the Protest decisions in relation to “Maori Invasion” (9) [Information 13911], and “Hu Keas” (8) [Information 13814].
 

Facts:

Following the running of Race 3, the 100% Stewart & Holland Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren against the placing of “Spencer Gore” (4), which was promoted to 4th and then 3rd place at two earlier Protest hearings. It was alleged that this horse was in a break over the concluding stages of the race and was lapped on by two other runners.
The Judge’s official (amended) placings in this race were as follows.
1st – Here Comes Pat (11)
2nd – Dragon Man (3)
3rd – Spencer Gore (4)
4th – Golden Bomber (1)
5th – Perdition (6)
6th – Quartet (5)

The Information reads as follows.
“This is a protest against horse number (4) placed 3rd by the Judge on the grounds of breaking from its gait (Rule 870(5) – Horse broke over the concluding stages being lapped onto (1) & (6).”
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 J. D. Boylan, the trainer and part owner, and Mr D. J. Dunn the driver of “Spencer Gore”, attended this hearing and they did not contest this Protest.

Submissions for Decision:

Video coverage of this incident was shown to illustrate that inside the final 50 metres of this race “Spencer Gore” had broken from its correct gait, and was still in a break when it reached the finishing line. At the finishing line “Spencer Gore” was lapped on by “Golden Bomber” (1) and “Perdition” (6). The margins between these runners were .3 and .4 of a length respectively.

Mr Ydgren made submissions that “Spencer Gore” should be relegated to 5th place behind “Golden Bomber” and “Perdition”.

Reasons for Decision:

We were satisfied that this protest was not contested and that “Spencer Gore” should be relegated from 3rd to 5th place.

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: ee168976d06e9e052650ea563fb33779

informantnumber: 13912

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 25/05/2011

hearing_title: Ashburton TC 6 June 2011 - R3 (Instigating a protest)

charge:

facts:

Following the running of Race 3, the 100% Stewart & Holland Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren against the placing of “Spencer Gore” (4), which was promoted to 4th and then 3rd place at two earlier Protest hearings. It was alleged that this horse was in a break over the concluding stages of the race and was lapped on by two other runners.
The Judge’s official (amended) placings in this race were as follows.
1st – Here Comes Pat (11)
2nd – Dragon Man (3)
3rd – Spencer Gore (4)
4th – Golden Bomber (1)
5th – Perdition (6)
6th – Quartet (5)

The Information reads as follows.
“This is a protest against horse number (4) placed 3rd by the Judge on the grounds of breaking from its gait (Rule 870(5) – Horse broke over the concluding stages being lapped onto (1) & (6).”
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 J. D. Boylan, the trainer and part owner, and Mr D. J. Dunn the driver of “Spencer Gore”, attended this hearing and they did not contest this Protest.

appealdecision:

isappeal:

submissionsfordecision:

Video coverage of this incident was shown to illustrate that inside the final 50 metres of this race “Spencer Gore” had broken from its correct gait, and was still in a break when it reached the finishing line. At the finishing line “Spencer Gore” was lapped on by “Golden Bomber” (1) and “Perdition” (6). The margins between these runners were .3 and .4 of a length respectively.

Mr Ydgren made submissions that “Spencer Gore” should be relegated to 5th place behind “Golden Bomber” and “Perdition”.

reasonsfordecision:

We were satisfied that this protest was not contested and that “Spencer Gore” should be relegated from 3rd to 5th place.

Decision:

The protest was upheld, and “Spencer Gore” was relegated from 3rd to 5th place. The amended places are as follows.
1st – Here Comes Pat (11)
2nd – Dragon Man (3)
3rd – Golden Bomber (1)
4th – Perdition (6)
5th – Spencer Gore (4)
6th – Quartet (5)
Note: This decision should be read in conjunction with the Protest decisions in relation to “Maori Invasion” (9) [Information 13911], and “Hu Keas” (8) [Information 13814].
 

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 870(5)

Informant: Nr N Ydgren - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr D Dunn - Junior Horseman

Respondent: Mr J Boylan - Licensed Trainer

StipendSteward:

raceid: 3be0c31c0ccc861b11d3ce8acf802d12

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R3

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 2a4dc1fac4dd54d46c58188726b32ef6

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 06/06/2011

meet_title: Ashburton TC - 6 June 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JPhelan", "Member": "", "OtherExpenses": "0", "KMs": "200", "Total": "124.0", "kmprice": 124.0, "Approved": "on"}]

meet_otherexp:

tracklocation: ashburton-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: KHales

meet_pm2: none

name: Ashburton TC