Archive Decision

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Forbury Park TC 7 April 2016 – R 6 (instigating a protest) – Chair, Prof G Hall

ID: JCA10964

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Ms L McKay - Junior Driver of DEGAS

Information Number:
A8072

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Forbury Park TC - 7 April 2016

Meet Chair:
GHall

Meet Committee Member 1:
GClapp

Race Date:
2016/04/07

Race Number:
R 6

Decision:

In these circumstances r 870(5) requires us to relegate DEGAS to behind SHELLY ANN, BEYOND BELIEF and MEPHIS MAFIA.

Amended placings are:
1st - 11 NUI LE
2nd - 8 CHRISTIAN GREY
3rd - 7 PULLING THE STRINGS
4th - 3 SHELLY ANN

Stakes and dividends are to be paid accordingly.

Facts:

At the conclusion of Race 6, the Speights Junior Drivers Mobile Pace, an information was lodged by Mr Wallis under r 870(5) alleging that DEGAS broke prior to the finishing line and was lapped on by SHELLY ANN, BEYOND BELIEF and MEPHIS MAFIA.

Judge’s placings were:
1st - 11 NUI LE
2nd - 8 CHRISTIAN GREY
3rd - 7 PULLING THE STRINGS
4th - 10 DEGAS

Rule 870(5) states:
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 Rule 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.

Submissions for Decision:

Mr Wallis demonstrated that DEGAS, when finishing quickly towards the inside of the track, ran out of room near the winning post. Ms McKay had to take hold and as a consequence DEGAS galloped. DEGAS was lapped on by SHELLY ANN, BEYOND BELIEF and MEPHIS MAFIA.

Mr Heads, the trainer of DEGAS represented the connections and, after viewing the videos, he stated that he believed that DEGAS had lifted its head prior to the line but had not galloped until after the line. We asked Mr Wallis to freeze the head and side-on frames in order that Mr Heads could demonstrate this to us but when this was done it was evident DEGAS was still short of the winning post when it went into a gallop.

Ms McKay commented that there appeared only to be a stride in it.

Reasons for Decision:

We are satisfied that DEGAS galloped just prior to the winning post and was not in its correct gait when it crossed the finishing line. Ms McKay and Mr Wallis are correct when they say it was only a stride or a stride and a half before the line. DEGAS, which had not suffered interference from any other runner, was lapped on by SHELLY ANN, BEYOND BELIEF and MEPHIS MAFIA.

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: 095b2ab622961a9724e9e5e23395fed9


informantnumber: A8072


horsename: DEGAS


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 08/04/2016


hearing_title: Forbury Park TC 7 April 2016 - R 6 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

At the conclusion of Race 6, the Speights Junior Drivers Mobile Pace, an information was lodged by Mr Wallis under r 870(5) alleging that DEGAS broke prior to the finishing line and was lapped on by SHELLY ANN, BEYOND BELIEF and MEPHIS MAFIA.

Judge’s placings were:
1st - 11 NUI LE
2nd - 8 CHRISTIAN GREY
3rd - 7 PULLING THE STRINGS
4th - 10 DEGAS

Rule 870(5) states:
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 Rule 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.


appealdecision:


isappeal:


submissionsfordecision:

Mr Wallis demonstrated that DEGAS, when finishing quickly towards the inside of the track, ran out of room near the winning post. Ms McKay had to take hold and as a consequence DEGAS galloped. DEGAS was lapped on by SHELLY ANN, BEYOND BELIEF and MEPHIS MAFIA.

Mr Heads, the trainer of DEGAS represented the connections and, after viewing the videos, he stated that he believed that DEGAS had lifted its head prior to the line but had not galloped until after the line. We asked Mr Wallis to freeze the head and side-on frames in order that Mr Heads could demonstrate this to us but when this was done it was evident DEGAS was still short of the winning post when it went into a gallop.

Ms McKay commented that there appeared only to be a stride in it.


reasonsfordecision:

We are satisfied that DEGAS galloped just prior to the winning post and was not in its correct gait when it crossed the finishing line. Ms McKay and Mr Wallis are correct when they say it was only a stride or a stride and a half before the line. DEGAS, which had not suffered interference from any other runner, was lapped on by SHELLY ANN, BEYOND BELIEF and MEPHIS MAFIA.


Decision:

In these circumstances r 870(5) requires us to relegate DEGAS to behind SHELLY ANN, BEYOND BELIEF and MEPHIS MAFIA.

Amended placings are:
1st - 11 NUI LE
2nd - 8 CHRISTIAN GREY
3rd - 7 PULLING THE STRINGS
4th - 3 SHELLY ANN

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr B Heads - Licensed Trainer of DEGAS


Respondent: Ms L McKay - Junior Driver of DEGAS


StipendSteward:


raceid: c1c6a29148a8594a91e0dc9c63a67315


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 502463f2a6807af8dd8df7eb299778f7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/04/2016


meet_title: Forbury Park TC - 7 April 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: GClapp


meet_pm2: none


name: Forbury Park TC