Cheviot HRC 3 March 2013 – R 6 (instigating a protest)
ID: JCA16884
Meet Title:
Cheviot HRC - 3 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
JPhelan
Race Date:
2013/03/03
Race Number:
R6
Decision:
The protest was upheld and CLOVER DON was relegated to 4th place behind PHIL'S GIFT.
Consequent upon the relegation, the amended result for the race is as follows:
1st - Stent (4)
2nd - With Intent (6)
3rd - Phil’s Gift (5)
4th - Clover Don (7)
5th - McBlizzard(2)
6th - Mo Hahn (1)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 6, the Michael Anstiss Memorial Free-For-All Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against CLOVER DON (S McNally), placed 3rd by the judge, in that CLOVER DON broke inside the final 50m and was lapped on by PHIL'S GIFT as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.
The Judges placings in this race were as follows:
1st - Stent (4)
2nd - With Intent (6)
3rd - Clover Don (7)
4th - Phil’s Gift (5)
5th - McBlizzard(2)
6th - Mo Hahn (1)
The Information reads as follows:
“That horse number 7 CLOVER DON, or its driver, breached the provisions of Rule 870 (5) in that CLOVER DON when in a break over the finishing line was lapped on by 4th placed PHIL'S GIFT.
Mr McNally had endorsed on the information form and signed, as agent, “I do not wish to be present.” Mr McNally had also indicated to the Stewards that he did not contest the protest.
Rule 870 (5) provides as follows:
”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 Rule869(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”
Submissions for Decision:
Mr Ydgren showed a video replay of the last 50m of the race. He pointed out CLOVER DON, driven by Mr McNally, when in contention, go into a break inside the 50m mark and continue in a break until the winning post. Mr Ydgren submitted that CLOVER DON had lost ground in the break but was lapped on by the 4th placed horse PHIL'S GIFT when crossing the finish line. The margin between 3rd and 4th was a short head.
Mr Ydgren submitted that the Stewards were seeking relegation of CLOVER DON to behind the 4th placed PHIL'S GIFT.
Reasons for Decision:
The Committee was satisfied that CLOVER DON was in breach of Rule 870 (5). It was clear that CLOVER DON had broken inside the 50m, continued on in a break until the finish and was lapped on by the 4th placed PHIL'S GIFT. It was appropriate the protest be upheld and that the horse be relegated.
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: ae5315e7137114c56ecbb30ac39d12fb
informantnumber: A4971
horsename: CLOVER DON
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/02/2013
hearing_title: Cheviot HRC 3 March 2013 - R 6 (instigating a protest)
charge:
facts:
Following the running of Race 6, the Michael Anstiss Memorial Free-For-All Mobile Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against CLOVER DON (S McNally), placed 3rd by the judge, in that CLOVER DON broke inside the final 50m and was lapped on by PHIL'S GIFT as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.
The Judges placings in this race were as follows:
1st - Stent (4)
2nd - With Intent (6)
3rd - Clover Don (7)
4th - Phil’s Gift (5)
5th - McBlizzard(2)
6th - Mo Hahn (1)
The Information reads as follows:
“That horse number 7 CLOVER DON, or its driver, breached the provisions of Rule 870 (5) in that CLOVER DON when in a break over the finishing line was lapped on by 4th placed PHIL'S GIFT.
Mr McNally had endorsed on the information form and signed, as agent, “I do not wish to be present.” Mr McNally had also indicated to the Stewards that he did not contest the protest.
Rule 870 (5) provides as follows:
”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 Rule869(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the last 50m of the race. He pointed out CLOVER DON, driven by Mr McNally, when in contention, go into a break inside the 50m mark and continue in a break until the winning post. Mr Ydgren submitted that CLOVER DON had lost ground in the break but was lapped on by the 4th placed horse PHIL'S GIFT when crossing the finish line. The margin between 3rd and 4th was a short head.
Mr Ydgren submitted that the Stewards were seeking relegation of CLOVER DON to behind the 4th placed PHIL'S GIFT.
reasonsfordecision:
The Committee was satisfied that CLOVER DON was in breach of Rule 870 (5). It was clear that CLOVER DON had broken inside the 50m, continued on in a break until the finish and was lapped on by the 4th placed PHIL'S GIFT. It was appropriate the protest be upheld and that the horse be relegated.
Decision:
The protest was upheld and CLOVER DON was relegated to 4th place behind PHIL'S GIFT.
Consequent upon the relegation, the amended result for the race is as follows:
1st - Stent (4)
2nd - With Intent (6)
3rd - Phil’s Gift (5)
4th - Clover Don (7)
5th - McBlizzard(2)
6th - Mo Hahn (1)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: NM Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: S McNally - Open Horseman
StipendSteward:
raceid: 0f77d8cde9d98f6709cee93be733659b
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: b7c5a88d779eae7b348bf7dcde82378e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/03/2013
meet_title: Cheviot HRC - 3 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: JPhelan
meet_pm2: none
name: Cheviot HRC