Archive Decision

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Auckland TC 20 November 2015 – R 9 (instigating a protest) – Chair, Mr A Dooley

ID: JCA14542

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr P & V Blanchard - Trainers of ACOUGARZSUN

Information Number:
A7434

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Auckland TC - 20 November 2015

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2015/11/20

Race Number:
Race 9

Decision:

The amended placings are:

1st BROOKBY PRINCE
2nd VENTIMIGILA
3rd THANKS SHANE
4th ALL STAR ANGUS
5th BROOKSIDE COLT
6th ACOUGARZSUN

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

Facts:

Following the running of race 9, IRT Trot, an Information Instigating a Protest was filed pursuant to Rule 870(5). The Informant, Stipendiary Steward, Mr Muirhead alleged that 5th placed ACOUGARZSUN galloped inside the last 50 metres and was lapped on by BROOKSIDE COLT (6th place). The official margin 0.8 length.

Co – Trainer Mr V Blanchard endorsed the Information “I do not contest the protest”.

Judge’s placings were:

1st BROOKBY PRINCE
2nd VENTIMIGILA
3rd THANKS SHANE
4th ALL STAR ANGUS
5th ACOUGARZSUN
6th BROOKSIDE COLT

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 Mulcay demonstrated the incident using head and side on video footage. He identified that ACOURGARZSUN galloped inside the last 50 metres and is lapped on by BROOKSIDE COLT.

Mr Muirhead confirmed that the connections of ACOUGARZSUN did not contest the protest. He sought the relegation of ACOUGARZSUN from 5th to 6th place.

Reasons for Decision:

The Committee carefully considered the Informant's submissions and viewed the video footage. This clearly showed that ACOUGARZSUN was not in its correct gait at the finish line and 6th placed BROOKSIDE COLT is lapped on.

We note Mr Blanchard did not contest the protest.

Accordingly the protest is upheld.

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: 907744610d7787e8d99f890409b9ac2a


informantnumber: A7434


horsename: ACOUGARZSUN


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 22/11/2015


hearing_title: Auckland TC 20 November 2015 - R 9 (instigating a protest) - Chair, Mr A Dooley


charge:


facts:

Following the running of race 9, IRT Trot, an Information Instigating a Protest was filed pursuant to Rule 870(5). The Informant, Stipendiary Steward, Mr Muirhead alleged that 5th placed ACOUGARZSUN galloped inside the last 50 metres and was lapped on by BROOKSIDE COLT (6th place). The official margin 0.8 length.

Co – Trainer Mr V Blanchard endorsed the Information “I do not contest the protest”.

Judge’s placings were:

1st BROOKBY PRINCE
2nd VENTIMIGILA
3rd THANKS SHANE
4th ALL STAR ANGUS
5th ACOUGARZSUN
6th BROOKSIDE COLT

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 Mulcay demonstrated the incident using head and side on video footage. He identified that ACOURGARZSUN galloped inside the last 50 metres and is lapped on by BROOKSIDE COLT.

Mr Muirhead confirmed that the connections of ACOUGARZSUN did not contest the protest. He sought the relegation of ACOUGARZSUN from 5th to 6th place.


reasonsfordecision:

The Committee carefully considered the Informant's submissions and viewed the video footage. This clearly showed that ACOUGARZSUN was not in its correct gait at the finish line and 6th placed BROOKSIDE COLT is lapped on.

We note Mr Blanchard did not contest the protest.

Accordingly the protest is upheld.


Decision:

The amended placings are:

1st BROOKBY PRINCE
2nd VENTIMIGILA
3rd THANKS SHANE
4th ALL STAR ANGUS
5th BROOKSIDE COLT
6th ACOUGARZSUN

It is 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 - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr S Mulcay- Stipendiary Steward


Respondent: Mr P & V Blanchard - Trainers of ACOUGARZSUN


StipendSteward:


raceid: 47ae79839584cb5fe318efe74fa937d2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6a429689a3616687bbdec6b89144588e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/11/2015


meet_title: Auckland TC - 20 November 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC