Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

HR Waikato 8 September 2016 – R 5 (instigating a protest) – Chair, Mr A Dooley

ID: JCA16537

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr R Argue - Driver of SOUTHLAND REFLECTOR

Information Number:
A3738

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Harness Racing Waikato - 8 September 2016

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2016/09/08

Race Number:
R5

Decision:

The amended placings were:
1st - CREAMEE
2nd - SUNSET PEAK
3rd - SOUTHLAND REFLECTOR
4th - MONSEIGNEUR

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

 

Facts:

Following the running of race 5, Charlie Blackwell Memorial Handicap Trot, an Information Instigating a Protest was filed pursuant to Rule 870(5). The Informant, Stipendiary Steward, Mr Mulcay alleged that 2nd placed SOUTHLAND REFLECTOR broke inside the final 50 metres and was lapped on by SUNSET PEAK (3rd place). The official margin 0.8 length.

Trainer Mr D Iremonger endorsed the Information “I do not contest the protest”.

Judge’s placings were:
1st - CREAMEE
2nd - SOUTHLAND REFLECTOR
3rd - SUNSET PEAK
4th - MONSEIGNEUR

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 869A such relegation of the horse shall be at the discretion of the Judicial Committee.
Lapped on: 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.

Submissions for Decision:

Mr Mulcay demonstrated the incident using head and side on video footage. He identified that SOUTHLAND REFLECTOR galloped inside the last 50 metres and was lapped on by SUNSET PEAK.

Mr MULCAY confirmed that the connections of SOUTHLAND REFLECTOR did not contest the protest. He sought the relegation of SOUTHLAND REFLECTOR from 2nd to 3rd place.

Reasons for Decision:

The Committee carefully considered the Informant's submissions and viewed the video footage. This clearly showed that SOUTHLAND REFLECTOR was not in it's correct gait at the finish line and was lapped on by 3rd placed SUNSET PEAK.

We note the connections did not contest the protest.

Accordingly the protest was upheld.

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: c27fdfbb529de3400196c0a9a2faa860


informantnumber: A3738


horsename: SOUTHLAND REFLECTOR


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 11/09/2016


hearing_title: HR Waikato 8 September 2016 - R 5 (instigating a protest) - Chair, Mr A Dooley


charge:


facts:

Following the running of race 5, Charlie Blackwell Memorial Handicap Trot, an Information Instigating a Protest was filed pursuant to Rule 870(5). The Informant, Stipendiary Steward, Mr Mulcay alleged that 2nd placed SOUTHLAND REFLECTOR broke inside the final 50 metres and was lapped on by SUNSET PEAK (3rd place). The official margin 0.8 length.

Trainer Mr D Iremonger endorsed the Information “I do not contest the protest”.

Judge’s placings were:
1st - CREAMEE
2nd - SOUTHLAND REFLECTOR
3rd - SUNSET PEAK
4th - MONSEIGNEUR

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 869A such relegation of the horse shall be at the discretion of the Judicial Committee.
Lapped on: 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.


appealdecision:


isappeal:


submissionsfordecision:

Mr Mulcay demonstrated the incident using head and side on video footage. He identified that SOUTHLAND REFLECTOR galloped inside the last 50 metres and was lapped on by SUNSET PEAK.

Mr MULCAY confirmed that the connections of SOUTHLAND REFLECTOR did not contest the protest. He sought the relegation of SOUTHLAND REFLECTOR from 2nd to 3rd place.


reasonsfordecision:

The Committee carefully considered the Informant's submissions and viewed the video footage. This clearly showed that SOUTHLAND REFLECTOR was not in it's correct gait at the finish line and was lapped on by 3rd placed SUNSET PEAK.

We note the connections did not contest the protest.

Accordingly the protest was upheld.


Decision:

The amended placings were:
1st - CREAMEE
2nd - SUNSET PEAK
3rd - SOUTHLAND REFLECTOR
4th - MONSEIGNEUR

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

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr R Argue - Driver of SOUTHLAND REFLECTOR


StipendSteward:


raceid: 127986eb1d2bfde57a6f0b9bde7ed4ac


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0bba2c9226e088690f4715d5144a0036


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/09/2016


meet_title: Harness Racing Waikato - 8 September 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Harness Racing Waikato