Archive Decision

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Cheviot HRC 1 March 2015 – R 4

ID: JCA14437

Applicant:
Mr S P Renault - Stipendiary Steward

Respondent(s):
Mr B N Orange - Licensed Open Horseman

Information Number:
A4421

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Cheviot HRC - 1 March 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2015/03/01

Race Number:
R4

Decision:

The protest was upheld and ASTRAPI was relegated to 4th placing.

Consequent upon the relegation, the amended result for the race is as follows:

1st  10  The Bog
2nd 11  Father Christmas
3rd 15   Majestic Time
4th    7  Astrapi
5th    5  Aile Rouge
6th  14  Dixie Commando

It was ordered that dividends and stake monies be paid in accordance with that amended result.

Facts:

Following the running of Race 4, Charles Wiffen Wines-Cheviot Barnyard-Mt Beautiful Wines Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against ASTRAPI (B N Orange), placed 3rd by the judge, on the grounds that “ASTRAPI (3rd) lapped onto MAJESTIC TIME (4th)”, placed 4th by the judge.

Mr Orange was not present at the hearing of the information. He had endorsed on the information form and signed “I do not contest the protest”. Mr Renault confirmed that Mr Orange did not wish to be present at the protest hearing.

Rule 870 provides as follows:

(5) Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line 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 horseman, then (subject to Rule 869 (8) such relegation of the horse shall be at the discretion of the Judicial Committee.

    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 finishing line.

The judge’s placings were:

1st  10  The Bog
2nd 11  Father Christmas
3rd   7   Astrapi
4th 15   Majestic Time
5th   5   Aile Rouge
6th 14   Dixie Commando

The official margin between 3rd and 4th was a short head, with 7 lengths back to the 5th placed runner. 

Submissions for Decision:

Mr Renault showed video replays of the concluding stages of the race. He pointed out ASTRAPI, driven by Mr Orange, leading the field inside the final 100 metres. He then pointed out the horse go into a gallop, free of interference, just inside the 50 metres mark on the inside of the track, and continue in a gallop across the finishing line, finishing in 3rd placing. Mr Wallis alleged that ASTRAPI was lapped on by the 4th placed runner, MAJESTIC TIME, which was in its correct gait.  

Reasons for Decision:

The Committee was satisfied that ASTRAPI broke, free of interference, short of the finishing line and had continued in a gallop to the finishing line. It was in a gallop when its nose reached the finishing line. The Committee was further satisfied that it was lapped on by the 4th placed runner, MAJESTIC TIME, in its correct gait.

The Committee also noted that Mr Orange, driver of ASTRAPI, was not contesting the relegation of that horse to 4th.

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: 82fb6a3bca0c81abf24019b0478ddb7b


informantnumber: A4421


horsename: Astrapi


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 02/03/2015


hearing_title: Cheviot HRC 1 March 2015 - R 4


charge:


facts:

Following the running of Race 4, Charles Wiffen Wines-Cheviot Barnyard-Mt Beautiful Wines Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against ASTRAPI (B N Orange), placed 3rd by the judge, on the grounds that “ASTRAPI (3rd) lapped onto MAJESTIC TIME (4th)”, placed 4th by the judge.

Mr Orange was not present at the hearing of the information. He had endorsed on the information form and signed “I do not contest the protest”. Mr Renault confirmed that Mr Orange did not wish to be present at the protest hearing.

Rule 870 provides as follows:

(5) Notwithstanding the provisions of sub-rule (4) hereof any horse which is not in the correct gait when its nose reaches the finishing line 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 horseman, then (subject to Rule 869 (8) such relegation of the horse shall be at the discretion of the Judicial Committee.

    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 finishing line.

The judge’s placings were:

1st  10  The Bog
2nd 11  Father Christmas
3rd   7   Astrapi
4th 15   Majestic Time
5th   5   Aile Rouge
6th 14   Dixie Commando

The official margin between 3rd and 4th was a short head, with 7 lengths back to the 5th placed runner. 


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault showed video replays of the concluding stages of the race. He pointed out ASTRAPI, driven by Mr Orange, leading the field inside the final 100 metres. He then pointed out the horse go into a gallop, free of interference, just inside the 50 metres mark on the inside of the track, and continue in a gallop across the finishing line, finishing in 3rd placing. Mr Wallis alleged that ASTRAPI was lapped on by the 4th placed runner, MAJESTIC TIME, which was in its correct gait.  


reasonsfordecision:

The Committee was satisfied that ASTRAPI broke, free of interference, short of the finishing line and had continued in a gallop to the finishing line. It was in a gallop when its nose reached the finishing line. The Committee was further satisfied that it was lapped on by the 4th placed runner, MAJESTIC TIME, in its correct gait.

The Committee also noted that Mr Orange, driver of ASTRAPI, was not contesting the relegation of that horse to 4th.


Decision:

The protest was upheld and ASTRAPI was relegated to 4th placing.

Consequent upon the relegation, the amended result for the race is as follows:

1st  10  The Bog
2nd 11  Father Christmas
3rd 15   Majestic Time
4th    7  Astrapi
5th    5  Aile Rouge
6th  14  Dixie Commando

It was ordered that dividends and stake monies be paid in accordance with that amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr S P Renault - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr B N Orange - Licensed Open Horseman


StipendSteward:


raceid: 82e03543270720bb43d9d30f6325e4b0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 83a035f7a9d92b0ce8bf4c247733507c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/03/2015


meet_title: Cheviot HRC - 1 March 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cheviot-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Cheviot HRC