Archive Decision

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Auckland TC 10 February 2017 – R 11 – (instigating a protest) – Chair, Mr A Dooley

ID: JCA11292

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr B Mangos - Trainer/Driver

Information Number:
A7484

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Auckland TC - 10 February 2017

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Meet Committee Member 2:
ASmith

Race Date:
2017/02/10

Race Number:
R11

Decision:

Accordingly the protest was upheld.

The amended placings were:
1st - GRENADO
2nd - DAUNTLESS
3rd - ANGUS BERTHA
4th - TE KOUKA BREEZE
5th - GINGER BERTHA
6th - ROI DES GITANS

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

Facts:

Following the running of race 11, Indian Night At The Races 24th March Trot, an Information Instigating a Protest was filed pursuant to Rule 870(5). The Informant, Stipendiary Steward, Mr Muirhead alleged that 3rd placed ROI DES GITANS broke inside the last 50 metres and was lapped on by the 4th placed ANGUS BERTHA, the 5th placed TE KOUKA BREEZE and the 6th placed GINGER BERTHA.

Trainer/Driver Mr B Mangos endorsed the Information “Protest not contested”.

Mr Mangos advised the Stewards that he did not wish to be present at the hearing.

Judge’s placings were:
1st  - GRENADO
2nd - DAUNTLESS
3rd - ROI DES GITANS
4th - ANGUS BERTHA
5th - TE KOUKA BREEZE

Rule 870(5) provides: 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 869A such relegation of the horse shall be at the discretion of the Judicial Committee.

Lapped on: Lapped On means when a horse has its nose in line with any part of the breaking horse’s body when the nose of the breaking horse reaches the finish line.

Submissions for Decision:

Mr Muirhead demonstrated the incident using the available video footage. He identified that ROI DES GITANS broke inside the final 50 metres and the horse was not in its correct gait at the finish line. He identified that ROI DES GITANS was lapped on by the 4th, 5th and 6th placed horses and provided the photo finish to support this.

Mr Muirhead submitted that ROI DE GITANS should be relegated from 3rd to 6th place.

Reasons for Decision:

The Committee carefully considered the submissions and viewed the video footage. This clearly showed that ROI DES GITANS broke inside the final 50 metres and was not in its correct gait at the finish line. Significantly ROI DES GITANS was lapped on by the 4th, 5th and 6th placed horses. Therefore ROI DES GITANS breached the Rule and it was relegated from 3rd to 6th place.

We note that Mr Mangos did not contest the protest.

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: 1443565201d4a0489a72681dde753893


informantnumber: A7484


horsename: ROI DES GITANS


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 11/02/2017


hearing_title: Auckland TC 10 February 2017 - R 11 - (instigating a protest) - Chair, Mr A Dooley


charge:


facts:

Following the running of race 11, Indian Night At The Races 24th March Trot, an Information Instigating a Protest was filed pursuant to Rule 870(5). The Informant, Stipendiary Steward, Mr Muirhead alleged that 3rd placed ROI DES GITANS broke inside the last 50 metres and was lapped on by the 4th placed ANGUS BERTHA, the 5th placed TE KOUKA BREEZE and the 6th placed GINGER BERTHA.

Trainer/Driver Mr B Mangos endorsed the Information “Protest not contested”.

Mr Mangos advised the Stewards that he did not wish to be present at the hearing.

Judge’s placings were:
1st  - GRENADO
2nd - DAUNTLESS
3rd - ROI DES GITANS
4th - ANGUS BERTHA
5th - TE KOUKA BREEZE

Rule 870(5) provides: 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 869A such relegation of the horse shall be at the discretion of the Judicial Committee.

Lapped on: Lapped On means when a horse has its nose in line with any part of the breaking horse’s body when the nose of the breaking horse reaches the finish line.


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead demonstrated the incident using the available video footage. He identified that ROI DES GITANS broke inside the final 50 metres and the horse was not in its correct gait at the finish line. He identified that ROI DES GITANS was lapped on by the 4th, 5th and 6th placed horses and provided the photo finish to support this.

Mr Muirhead submitted that ROI DE GITANS should be relegated from 3rd to 6th place.


reasonsfordecision:

The Committee carefully considered the submissions and viewed the video footage. This clearly showed that ROI DES GITANS broke inside the final 50 metres and was not in its correct gait at the finish line. Significantly ROI DES GITANS was lapped on by the 4th, 5th and 6th placed horses. Therefore ROI DES GITANS breached the Rule and it was relegated from 3rd to 6th place.

We note that Mr Mangos did not contest the protest.


Decision:

Accordingly the protest was upheld.

The amended placings were:
1st - GRENADO
2nd - DAUNTLESS
3rd - ANGUS BERTHA
4th - TE KOUKA BREEZE
5th - GINGER BERTHA
6th - ROI DES GITANS

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


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr B Mangos - Trainer/Driver


StipendSteward:


raceid: d4118c114aef850b8052dd019589362a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a5798e5b94cda0b6add4d19a1101db75


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/02/2017


meet_title: Auckland TC - 10 February 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: ASmith


name: Auckland TC