Auckland TC 28 June 2019 – R 2 (instigating a protest) – Chair, Mr G Jones
ID: JCA10972
Meet Title:
Auckland TC - 28 June 2019
Meet Chair:
GJones
Meet Committee Member 1:
AGodsalve
Race Date:
2019/06/28
Race Number:
R2
Decision:
The protest is upheld and MICHELLE is relegated from second to third placing.
The official placings are:
[3] EYRE I GO - 1st
[10] THATGIRLTROUBLE - 2nd
[4] MICHELLE - 3rd
[7] SAVITSKAYA - 4th
The change of placings, payment of dividends and stake money is duly authorised in accordance with our decision.
Facts:
This is an uncontested protest arising from the running of race 2 the H R Fisken and Sons Handicap Trot 2700m. Senior Stipendiary Steward, Mr Muirhead lodged an Information instigating a protest into the second placed runner MICHELLE which alleged a breach of rule 870(5) in that "MICHELLE (A Herlihy) broke near the 40 metres and was lapped on by the 2nd placed horse THATGIRLTROUBLE (B Mangos)’".
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 finish 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 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.
The caretaker trainer, Mr B Hackett of MICHELLE appeared at the hearing on behalf of trainer Mr M Jones. Mr Hackett advised the Committee that he did not contest the protest.
The provisional placings were:
[3] EYRE I GO - 1st
[4] MICHELLE - 2nd
[10] THATGIRLTROUBLE - 3rd
[7] SAVITSKAYA - 4th
The official margins were 3/4 length, a long Neck and 2 1/4 Lengths.
Submissions for Decision:
Using available video footage Mr Muirhead demonstrated the concluding stages of the race. He stated that MICHELLE was running on strongly on the inside of EYE I GO. Approximately 40 metres from the finish MICHELLE broke from its gait free of interference and galloped across the finish line in second place. MICHELLE was lapped on by THATGIRLTROUBLE which was placed third by the judge, a long neck behind MICHELLE. Mr Muirhead submitted MICHELLE was in breach of Rule 870 (5) and sought its relegation from second to third placing.
Mr Hackett had nothing further to add and did not offer any submissions.
Reasons for Decision:
After viewing the video replays it is clear that MICHELLE broke free of interference, it was not in its proper gait when it crossed the finish line, and it was lapped on by the third placed horse THATGIRLTROUBLE. Accordingly we found MICHELLE to be in breach of Rule 870 (5).
JCA Decision Fields (raw)
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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: 1840ddfb5c449837e5ccea0d963d8f29
informantnumber: A12449
horsename: MICHELLE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 28/06/2019
hearing_title: Auckland TC 28 June 2019 - R 2 (instigating a protest) - Chair, Mr G Jones
charge:
facts:
This is an uncontested protest arising from the running of race 2 the H R Fisken and Sons Handicap Trot 2700m. Senior Stipendiary Steward, Mr Muirhead lodged an Information instigating a protest into the second placed runner MICHELLE which alleged a breach of rule 870(5) in that "MICHELLE (A Herlihy) broke near the 40 metres and was lapped on by the 2nd placed horse THATGIRLTROUBLE (B Mangos)’".
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 finish 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 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.
The caretaker trainer, Mr B Hackett of MICHELLE appeared at the hearing on behalf of trainer Mr M Jones. Mr Hackett advised the Committee that he did not contest the protest.
The provisional placings were:
[3] EYRE I GO - 1st
[4] MICHELLE - 2nd
[10] THATGIRLTROUBLE - 3rd
[7] SAVITSKAYA - 4th
The official margins were 3/4 length, a long Neck and 2 1/4 Lengths.
appealdecision:
isappeal:
submissionsfordecision:
Using available video footage Mr Muirhead demonstrated the concluding stages of the race. He stated that MICHELLE was running on strongly on the inside of EYE I GO. Approximately 40 metres from the finish MICHELLE broke from its gait free of interference and galloped across the finish line in second place. MICHELLE was lapped on by THATGIRLTROUBLE which was placed third by the judge, a long neck behind MICHELLE. Mr Muirhead submitted MICHELLE was in breach of Rule 870 (5) and sought its relegation from second to third placing.
Mr Hackett had nothing further to add and did not offer any submissions.
reasonsfordecision:
After viewing the video replays it is clear that MICHELLE broke free of interference, it was not in its proper gait when it crossed the finish line, and it was lapped on by the third placed horse THATGIRLTROUBLE. Accordingly we found MICHELLE to be in breach of Rule 870 (5).
Decision:
The protest is upheld and MICHELLE is relegated from second to third placing.
The official placings are:
[3] EYRE I GO - 1st
[10] THATGIRLTROUBLE - 2nd
[4] MICHELLE - 3rd
[7] SAVITSKAYA - 4th
The change of placings, payment of dividends and stake money is duly authorised in accordance with our decision.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr B Hackett, Caretaker trainer of MICHELLE
StipendSteward:
raceid: 94790284a789ba5abebde34716c4c372
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 50b50c00407232ea501f54a71793f4f8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/06/2019
meet_title: Auckland TC - 28 June 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC