Archive Decision

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Franklin TC 17 July 2015 – R 1 (instigating a protest) – Chair, Mr B Scott

ID: JCA17761

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr P Blanchard - Co-Trainer of ACOUGARZSUN

Information Number:
A7424

Hearing Type:
Protest

Rules:
Rule 870(5)

Meet Title:
Franklin TC - 17 July 2015

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2015/07/17

Race Number:
R1

Decision:

The Protest is upheld and ACOUGARZSUN is relegated from 2nd to 3rd and FIRST VINTAGE  is promoted to second place.

The amended placings are now : first (5) LADY J

                                                   second (4) FIRST VINTAGE

                                                   third (7) ACOUGARZSUN

                                                   fourth (11) TWELVE MONKEYS

                                                   fifth (10) SPRINGFIELD HUGH

It is ordered that dividends and stakes be paid in accordance with the amended placings.

Facts:

Following the running of the NZ TRUCKS & AB EQUIPMENT TROT an Information instigating a Protest was lodged by Stipendiary Steward Mr S Mulcay against the 2nd placing of ACOUGARZSUN on the grounds that it was in an incorrect gait on the finishing line and was lapped on by the 3rd placed FIRST VINTAGE.

Mr P Blanchard the co-Trainer of ACOUGARZSUN endorsed the Information with the words "I do not contest the Protest".  Mr Blanchard did not attend the Hearing.

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 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(A)) 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 finish line.

Mr Mulcay demonstrated the incident by use of the race films and showed where ACOUGARZSUN broke inside the last 20 metres of the race and it was in a break at the finishing line. It broke free of interference and finished in 2nd place.

Submissions for Decision:

Mr Mulcay said that because ACOUGARZSUN was in a break at the finishing line and that it had been lapped on by the 3rd placed horse it should be relegated to 3rd.

Reasons for Decision:

The Protest is not contested.

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: eabde14f98246f947b7c3e7816a74dc8


informantnumber: A7424


horsename: ACOUGARZSUN


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/07/2015


hearing_title: Franklin TC 17 July 2015 - R 1 (instigating a protest) - Chair, Mr B Scott


charge:


facts:

Following the running of the NZ TRUCKS & AB EQUIPMENT TROT an Information instigating a Protest was lodged by Stipendiary Steward Mr S Mulcay against the 2nd placing of ACOUGARZSUN on the grounds that it was in an incorrect gait on the finishing line and was lapped on by the 3rd placed FIRST VINTAGE.

Mr P Blanchard the co-Trainer of ACOUGARZSUN endorsed the Information with the words "I do not contest the Protest".  Mr Blanchard did not attend the Hearing.

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 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(A)) 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 finish line.

Mr Mulcay demonstrated the incident by use of the race films and showed where ACOUGARZSUN broke inside the last 20 metres of the race and it was in a break at the finishing line. It broke free of interference and finished in 2nd place.


appealdecision:


isappeal:


submissionsfordecision:

Mr Mulcay said that because ACOUGARZSUN was in a break at the finishing line and that it had been lapped on by the 3rd placed horse it should be relegated to 3rd.


reasonsfordecision:

The Protest is not contested.


Decision:

The Protest is upheld and ACOUGARZSUN is relegated from 2nd to 3rd and FIRST VINTAGE  is promoted to second place.

The amended placings are now : first (5) LADY J

                                                   second (4) FIRST VINTAGE

                                                   third (7) ACOUGARZSUN

                                                   fourth (11) TWELVE MONKEYS

                                                   fifth (10) SPRINGFIELD HUGH

It is ordered that dividends and stakes be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 870(5)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr P Blanchard - Co-Trainer of ACOUGARZSUN


StipendSteward:


raceid: 234e3a68e36f9a1d09ba998aeaa1733a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6611da76a01f13cafef6173f6afb6c22


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/07/2015


meet_title: Franklin TC - 17 July 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: franklin-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: GJones


meet_pm2: none


name: Franklin TC