Auckland TC 26 August 2016 – R 1 (instigating a protest) – Chair, Mr B Scott

ID: JCA12528

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr S Argue - Trainer of SPEEDY LAVROS

Information Number:
A7963

Hearing Type:
Protest

Rules:
Rule 862(2) and 1003(2)

Meet Title:
Auckland TC - 26 August 2016

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2016/08/26

Race Number:
R1

Decision:

The Protest is upheld and SPEEDY LAVROS is disqualified from the race.

The amended placings are now : first (1) BRO FAWKES S

second (11) GRENADO

third (6) LUNDQVIST

fourth (4) DEMOISELLE

fifth (3) I AM THE GREATEST

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

Facts:

Following the running of the AG HERLIHY LEADING TRAINER/DRIVER 2015 TROT an Information was lodged against the 5th placing of SPEEDY LAVROS on the grounds that it started from an incorrect barrier one on the second line.

Rule 862(2) provides: "No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start ) unless directed by the Starter in accordance with Rule 860(8)."

Rule 1003(2) provides: "any horse which commits a breach of any Rule shall be subject to the following penalties :to be disqualified or scratched from any race."

Mr S Argue and Mr R Argue the Trainer and Driver respectively of SPEEDY LAVROS were present at the Hearing and Mr S Argue advised the Committee that the Protest was contested.

Submissions for Decision:

Mr Muirhead advised the Committee that SPEEDY LAVROS drew unruly 1 and as such should have started outside and behind the widest runner drawn on the front line.

He referred to the Race Starting Procedures Regulations that apply to standing starts and these provide as follows:

1. where there is one line the unruly horse or horses shall be placed on a second line on the extreme outside behind and clear of the frontline horses.

2. where there are other horses on the second line, the unruly horse or horses shall start on the extreme outside of the second line and clear of the front and second line horses."

Mr Muirhead demonstrated the incident by use of the race films and showed where before the start SPEEDY LAVROS (which was 1 of 4 horses drawn in unruly barrier positions) moved inwards and at the start was in the one on the second line position. He showed that when the horse moved in the Barrier Attendant moved in with it. When the race started SPEEDY LAVROS broke and lost considerable ground.

Mr Muirhead also pointed to the fact that the drivers of the other horses in unruly positions remained out in their positions which they then started from.

Mr Muirhead said that it was the Driver's responsibility to know what position he is meant to start from and in this case SPEEDY LAVROS was well out of position.

Mr S Argue said that although he admitted that his horse was in the wrong starting position it didn't gain an advantage because it subsequently broke at the start.

Mr R Argue said he was aware that he was too far down the track but his horse is headstrong and the Attendant couldn't hold it and it kept pushing down. He said the film showed that he was pulling on the left rein and he also said that he had not gained an advantage.

Mr Muirhead said that under Rule 1003 the Committee's options were to either dismiss the Protest or disqualify the horse. He was of the view that it had started from an incorrect position and that was it.

Mr R Argue submitted that his horse had not gained an advantage and this should be taken into account.

Reasons for Decision:

The Committee viewed the films and these clearly show the position as set out above. The Rules are also very clear and in the Committee's view whether SPEEDY LAVROS gained an advantage or not is not relevant.

The Protest must be upheld and this was communicated to Mr S Argue.

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: 68b006e4c3f20f5e37424acc3f019e33

informantnumber: A7963

horsename: SPEEDY LAVROS

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 29/08/2016

hearing_title: Auckland TC 26 August 2016 - R 1 (instigating a protest) - Chair, Mr B Scott

charge:

facts:

Rule 1003(2) provides: "any horse which commits a breach of any Rule shall be subject to the following penalties :to be disqualified or scratched from any race."

Mr S Argue and Mr R Argue the Trainer and Driver respectively of SPEEDY LAVROS were present at the Hearing and Mr S Argue advised the Committee that the Protest was contested.

appealdecision:

isappeal:

submissionsfordecision: