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Manukau TC 3 June 2011 – R1 (Instigating a Protest)

ID: JCA11347

Applicant:
Mr JM Muirhead

Information Number:
13869

Hearing Type:
Protest

Rules:
870

Decision:

The Protest is accordingly upheld and DEREK CLARKE is relegated to fourth place behind THE DOCTOR.

The amended result is now:
1st 1 – Harry Johnson
2nd 5 – Banana Smoothie
3rd 6 – The Doctor
4th 4 – Derek Clarke
5th 3 – Desert Queen
6th 8 – River Glide

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

Facts:

Following the running of Race 1 an Information Instigating a Protest was filed by Stipendiary Steward Mr JM Muirhead against the second placing of horse number 4 DEREK CLARKE on the grounds of breaking approximately 25 metres prior to the winning post and being in a break across the finishing line and being subject to the Lapped On Rule.

Mr SG Argue the Trainer and Driver of DEREK CLARKE endorsed the Information with the words “I do not contest protest”.

Submissions for Decision:

Mr Muirhead demonstrated the incident by use of the video films. The films showed DEREK CLARKE breaking close to the winning post and being in a break across the finishing line. At the finishing post DEREK CLARKE was Lapped On by both the third place horse BANANA SMOOTHIE and the fourth placed horse THE DOCTOR.
The definition of Lapped On in the Rules is:
“Lapped On means when a horse has its nose in line with any part of the breaking horses body when the nose of the breaking horse reaches the finishing line”.

Reasons for Decision:

The Protest is not contested and clearly the provisions of Rule 870 apply.
 

Decision Date: 25/05/2011

Publish Date: 25/05/2011

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: 24e7a6c1f9a9149047a65cfdcad2fe12

informantnumber: 13869

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 25/05/2011

hearing_title: Manukau TC 3 June 2011 - R1 (Instigating a Protest)

charge:

facts:

Following the running of Race 1 an Information Instigating a Protest was filed by Stipendiary Steward Mr JM Muirhead against the second placing of horse number 4 DEREK CLARKE on the grounds of breaking approximately 25 metres prior to the winning post and being in a break across the finishing line and being subject to the Lapped On Rule.

Mr SG Argue the Trainer and Driver of DEREK CLARKE endorsed the Information with the words “I do not contest protest”.

appealdecision:

isappeal:

submissionsfordecision:

Mr Muirhead demonstrated the incident by use of the video films. The films showed DEREK CLARKE breaking close to the winning post and being in a break across the finishing line. At the finishing post DEREK CLARKE was Lapped On by both the third place horse BANANA SMOOTHIE and the fourth placed horse THE DOCTOR.
The definition of Lapped On in the Rules is:
“Lapped On means when a horse has its nose in line with any part of the breaking horses body when the nose of the breaking horse reaches the finishing line”.

reasonsfordecision:

The Protest is not contested and clearly the provisions of Rule 870 apply.
 

Decision:

The Protest is accordingly upheld and DEREK CLARKE is relegated to fourth place behind THE DOCTOR.

The amended result is now:
1st 1 – Harry Johnson
2nd 5 – Banana Smoothie
3rd 6 – The Doctor
4th 4 – Derek Clarke
5th 3 – Desert Queen
6th 8 – River Glide

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

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 870

Informant: Mr JM Muirhead

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Respondent:

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