Archive Decision

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Cheviot HRC 4 March 2018 – R 6 (instigating a protest) Chair, Mr R McKenzie

ID: JCA13092

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
C J Markham, Licensed Open Driver

Information Number:
A10170

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Cheviot HRC - 4 March 2018

Meet Chair:
RMcKenzie

Meet Committee Member 1:
HWeston

Race Date:
2018/03/04

Race Number:
R6

Decision:

The protest was dismissed.

It was ordered that stakes be paid in accordance with the judge’s official placings as above.

Facts:

Following the running of Race 6, “Downbytheseaside” Leonard Memorial (Group 3), an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against LILAC BECKY (C J Markham), placed 5th by the judge, on the ground that it “broke over the concluding stages and was lapped on by ALREADY GONE (M J Williamson), placed 6th by the judge.

Mr Markham was present at the hearing, representing the connections of LILAC BECKY. Mr R B Ward, part-owner and trainer of ALREADY GONE, was also present.

The judge’s placings were as follows:

1st 8 Dracarys
2nd 6 Kayla Marie
3rd 3 Olivia Rachel
4th 1 Ghostwriter
5th 4 Lilac Becky
6th 5 Already Gone

Rule 870 provides:

(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 and 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 Rule 869A) such relegation of the horse shall be at the discretion of the Judicial Committee.

Submissions for Decision:

Mr Renault read the above Rule to the hearing. He then showed video replays of the final 200 metres of the race. He pointed out that inside the final 100 metres LILAC BECKY (C J Markham), on the inside, and ALREADY GONE (M J Williamson), on its outside, were disputing 5th and 6th positions in the field of six runners, some distance behind the first four runners. Mr Renault then pointed out ALREADY GONE, approximately 30-40 metres from the finishing line, run in and make contact with the leg of LILAC BECKY which put the latter runner off its stride and it broke shortly thereafter, being in a gallop at the finishing line.

LILAC BECKY finished in 5th placing and was lapped on by 6th placed ALREADY GONE at the finishing line.

Mr Markham said that his filly had initially “bumped off” ALREADY GONE which had put her off balance. She did not break immediately, but he believed that she would not have galloped had she not received the interference.

Mr Ward said that his filly was not going to get beaten by LILAC BECKY and was still travelling “well and easily”. He contended that LILAC BECKY had broken free of interference and should be relegated as having been lapped on by ALREADY GONE.

Mr Renault also pointed out that, although LILAC BECKY had been lapped on by ALREADY GONE, Stewards were not seeking relegation of LILAC BECKY to 6th, behind ALREADY GONE, as Stewards believed that the proviso to Rule 870(5) applied – in other words, LILAC BECKY was not in its correct gait as a result of interference.

Reasons for Decision:

The Committee was satisfied that LILAC BECKY had gone into a gallop and was in a gallop when its nose reached the finishing line, having received interference prior to the finishing line, and was lapped on by ALREADY GONE. The Committee was further satisfied that, because LILAC BECKY was in a gallop as a result of interference, the “lapped on Rule” did not apply in this situation. The Committee has a discretion whether to relegate in that situation.

Mr Ward had suggested that his horse, ALREADY GONE, would have beaten LILAC BECKY in any event. Of course, the Committee was not required to assess the extent or effect of any interference but, simply, whether the latter was in a gallop at the finishing line as the result of interference. We were satisfied that it was.

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: 40cc320b15667c138840d05306dc7c03


informantnumber: A10170


horsename: Lilac Becky


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 06/03/2018


hearing_title: Cheviot HRC 4 March 2018 - R 6 (instigating a protest) Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 6, “Downbytheseaside” Leonard Memorial (Group 3), an information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against LILAC BECKY (C J Markham), placed 5th by the judge, on the ground that it “broke over the concluding stages and was lapped on by ALREADY GONE (M J Williamson), placed 6th by the judge.

Mr Markham was present at the hearing, representing the connections of LILAC BECKY. Mr R B Ward, part-owner and trainer of ALREADY GONE, was also present.

The judge’s placings were as follows:

1st 8 Dracarys
2nd 6 Kayla Marie
3rd 3 Olivia Rachel
4th 1 Ghostwriter
5th 4 Lilac Becky
6th 5 Already Gone

Rule 870 provides:

(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 and 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 Rule 869A) such relegation of the horse shall be at the discretion of the Judicial Committee.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault read the above Rule to the hearing. He then showed video replays of the final 200 metres of the race. He pointed out that inside the final 100 metres LILAC BECKY (C J Markham), on the inside, and ALREADY GONE (M J Williamson), on its outside, were disputing 5th and 6th positions in the field of six runners, some distance behind the first four runners. Mr Renault then pointed out ALREADY GONE, approximately 30-40 metres from the finishing line, run in and make contact with the leg of LILAC BECKY which put the latter runner off its stride and it broke shortly thereafter, being in a gallop at the finishing line.

LILAC BECKY finished in 5th placing and was lapped on by 6th placed ALREADY GONE at the finishing line.

Mr Markham said that his filly had initially “bumped off” ALREADY GONE which had put her off balance. She did not break immediately, but he believed that she would not have galloped had she not received the interference.

Mr Ward said that his filly was not going to get beaten by LILAC BECKY and was still travelling “well and easily”. He contended that LILAC BECKY had broken free of interference and should be relegated as having been lapped on by ALREADY GONE.

Mr Renault also pointed out that, although LILAC BECKY had been lapped on by ALREADY GONE, Stewards were not seeking relegation of LILAC BECKY to 6th, behind ALREADY GONE, as Stewards believed that the proviso to Rule 870(5) applied – in other words, LILAC BECKY was not in its correct gait as a result of interference.


reasonsfordecision:

The Committee was satisfied that LILAC BECKY had gone into a gallop and was in a gallop when its nose reached the finishing line, having received interference prior to the finishing line, and was lapped on by ALREADY GONE. The Committee was further satisfied that, because LILAC BECKY was in a gallop as a result of interference, the “lapped on Rule” did not apply in this situation. The Committee has a discretion whether to relegate in that situation.

Mr Ward had suggested that his horse, ALREADY GONE, would have beaten LILAC BECKY in any event. Of course, the Committee was not required to assess the extent or effect of any interference but, simply, whether the latter was in a gallop at the finishing line as the result of interference. We were satisfied that it was.


Decision:

The protest was dismissed.

It was ordered that stakes be paid in accordance with the judge’s official placings as above.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: R B Ward, Licensed Public Trainer, C J Markham, Licensed Open Horseman


Respondent: C J Markham, Licensed Open Driver


StipendSteward:


raceid: 39e4af4cf04eb63e336b94b7e8428696


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: 7641cead87ca0b4e7677325b9434e9ff


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/03/2018


meet_title: Cheviot HRC - 4 March 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cheviot-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: HWeston


meet_pm2: none


name: Cheviot HRC