Archive Decision

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HR Waikato 18 August 2016 – R 1 (instigating a protest) – Chair, Mr A Godsalve

ID: JCA14099

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Ms L Millina - Trainer of YALDY BOYZ

Information Number:
A4000

Hearing Type:
Protest

Rules:
Rule 870(5)

Meet Title:
Harness Racing Waikato - 18 August 2016

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2016/08/18

Race Number:
R1

Decision:

The Protest was upheld and the official placings became :

1st - CREAMEE

2nd - THE SCRUFF

3rd - DONNA MAY

4th - DANKE

5th - YALDY BOYZ

Accordingly payment of dividends and stakemoney was authorised in accordance with the amended placings.

Facts:

Following the running of Race 1, the FAIRVIEW MOTORS JUNIOR  DRIVERS HANDICAP TROT, an Information was lodged by Mr Muirhead instigating a protest against the 4th placed horse, YALDY BOYZ, alleging a breach of Rule 870(5), a breach of the ' lapped on' rule, in that YALDY BOYZ was in the incorrect gait when its nose reached the finishing line and was lapped on by the 5th placed DANKE.

Ms L Millina, the trainer of YALDY BOYZ  was not present at the hearing, however she had noted on the Information that she did not contest the protest.

The Judges placings were:

1st - CREAMEE

2nd - THE SCRUFF

3rd - DONNA MAY

4th - YALDY BOYZ

5th - DANKE

6th - OPAWA SPEED

Rule 870(5) provides that ' 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 such a 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 869A such relegation of the horse shall be at the discretion of the Judicial Committee'.

Submissions for Decision:

UsIng the available video films, Mr Muirhead demonstrated that shortly before the finish of this race YALDY BOYZ went off stride, and was still off stride as its nose reached the finishing line. At the time the horse was in 4th position. The horse DANKE, which finished behind YALDY BOYZ in 5th position was 'lapped on' to YALDY BOYZ.

Mr Muirhead asked that the Committee relegate YALDY BOYZ behind DANSKE, given that the protest was not contested by the connections of YALDY BOYZ.

Reasons for Decision:

As this protest was not contested the Committee upheld it.

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: 985ee3ac502812baafdbc8bdb5df9202


informantnumber: A4000


horsename: YALDY BOYZ


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 18/08/2016


hearing_title: HR Waikato 18 August 2016 - R 1 (instigating a protest) - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 1, the FAIRVIEW MOTORS JUNIOR  DRIVERS HANDICAP TROT, an Information was lodged by Mr Muirhead instigating a protest against the 4th placed horse, YALDY BOYZ, alleging a breach of Rule 870(5), a breach of the ' lapped on' rule, in that YALDY BOYZ was in the incorrect gait when its nose reached the finishing line and was lapped on by the 5th placed DANKE.

Ms L Millina, the trainer of YALDY BOYZ  was not present at the hearing, however she had noted on the Information that she did not contest the protest.

The Judges placings were:

1st - CREAMEE

2nd - THE SCRUFF

3rd - DONNA MAY

4th - YALDY BOYZ

5th - DANKE

6th - OPAWA SPEED

Rule 870(5) provides that ' 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 such a 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 869A such relegation of the horse shall be at the discretion of the Judicial Committee'.


appealdecision:


isappeal:


submissionsfordecision:

UsIng the available video films, Mr Muirhead demonstrated that shortly before the finish of this race YALDY BOYZ went off stride, and was still off stride as its nose reached the finishing line. At the time the horse was in 4th position. The horse DANKE, which finished behind YALDY BOYZ in 5th position was 'lapped on' to YALDY BOYZ.

Mr Muirhead asked that the Committee relegate YALDY BOYZ behind DANSKE, given that the protest was not contested by the connections of YALDY BOYZ.


reasonsfordecision:

As this protest was not contested the Committee upheld it.


Decision:

The Protest was upheld and the official placings became :

1st - CREAMEE

2nd - THE SCRUFF

3rd - DONNA MAY

4th - DANKE

5th - YALDY BOYZ

Accordingly payment of dividends and stakemoney was authorised in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 870(5)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Ms L Millina - Trainer of YALDY BOYZ


StipendSteward:


raceid: 23263e61c2f60087dfcec6fd665c6f47


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: 630d3d702614e672bc91e3bc0e2f0946


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/08/2016


meet_title: Harness Racing Waikato - 18 August 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato