Archive Decision

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Auckland TC 21 April 2017 – R 6 (instigating a protest) – Chair, Mr B Scott

ID: JCA13303

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr AG Herlihy - Trainer/Driver of GOLD ORCHID

Information Number:
A9103

Hearing Type:
Protest

Rules:
Rule 869(7B)

Meet Title:
Auckland TC - 21 April 2017

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Meet Committee Member 2:
ASmith

Race Date:
2017/04/21

Race Number:
R6

Decision:

The protest is not contested and is therefore upheld. GOLD ORCHID is disqualified from the race .

The amended placings are now :

first - (7) ELLE MAC

second - (1) CAITLYN CLARKE

third - (11) SHENANDOAH

fourth - (3) LADY CHATTO                      

fifth - (4) PUREST SILK

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

Facts:

Following the running of the WOODLANDS STUD/CADUCEUS CLUB CLASSIC MOBILE PACE, an Information instigating a Protest was lodged by Chief Stipendiary Steward, Mr N Ydgren against the 4th placing of GOLD ORCHID on the grounds that it gained an advantage by shifting inside the marker line in the run home.

Rule 869(7B) provides : Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.

Mr AG Herlihy the Trainer/Driver of GOLD ORCHID endorsed the Information with the words " I do not contest the Protest" Mr Herlihy did not want to be present at the hearing.

Mr Ydgren demonstrated the incident by use of the race films and showed where GOLD ORCHID was back on the inside line behind LADY CHATTO and it then went inside the marker line (pylons) for approximately 60 metres and finished in front of LADY CHATTO and by doing so it gained an advantage.

Submissions for Decision:

Mr Ydgren submitted that by moving down where there was insufficient room and racing inside approximately 4 pylons that GOLD ORCHID had gained an advantage and was in breach of Rule 869(7B) and should be disqualified from the race.

Reasons for Decision:

 The protest is not contested.

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: 5f2a7fe2f425e21b1bbd1af9f3066bc2


informantnumber: A9103


horsename: GOLD ORCHID


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 25/04/2017


hearing_title: Auckland TC 21 April 2017 - R 6 (instigating a protest) - Chair, Mr B Scott


charge:


facts:

Following the running of the WOODLANDS STUD/CADUCEUS CLUB CLASSIC MOBILE PACE, an Information instigating a Protest was lodged by Chief Stipendiary Steward, Mr N Ydgren against the 4th placing of GOLD ORCHID on the grounds that it gained an advantage by shifting inside the marker line in the run home.

Rule 869(7B) provides : Where any horse or its sulky wheel moves inside the track marker line and gains an advantage the horse shall be disqualified from that race except where it is established that the breach was caused by interference by another horse or horseman.

Mr AG Herlihy the Trainer/Driver of GOLD ORCHID endorsed the Information with the words " I do not contest the Protest" Mr Herlihy did not want to be present at the hearing.

Mr Ydgren demonstrated the incident by use of the race films and showed where GOLD ORCHID was back on the inside line behind LADY CHATTO and it then went inside the marker line (pylons) for approximately 60 metres and finished in front of LADY CHATTO and by doing so it gained an advantage.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren submitted that by moving down where there was insufficient room and racing inside approximately 4 pylons that GOLD ORCHID had gained an advantage and was in breach of Rule 869(7B) and should be disqualified from the race.


reasonsfordecision:

 The protest is not contested.


Decision:

The protest is not contested and is therefore upheld. GOLD ORCHID is disqualified from the race .

The amended placings are now :

first - (7) ELLE MAC

second - (1) CAITLYN CLARKE

third - (11) SHENANDOAH

fourth - (3) LADY CHATTO                      

fifth - (4) PUREST SILK

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


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 869(7B)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr AG Herlihy - Trainer/Driver of GOLD ORCHID


StipendSteward:


raceid: 08b9156129af521d535cd9906b53e5f1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e9fa54d62d4c9fd15c42188f661fa867


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/04/2017


meet_title: Auckland TC - 21 April 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: ASmith


name: Auckland TC