Archive Decision

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

ID: JCA11334

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr S Argue

Information Number:
13869

Hearing Type:
Protest

Rules:
870

Meet Title:
Manukau TC - 3 June 2011

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2011/06/03

Race Number:
R1

Decision:

The protest is 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 ws 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 J 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 S Argue, the trainer and driver of DEREK CLARKE endorsed the information with the words "I do not contest the 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 placed 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.

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: 164311aa3be213a8034894a3aa931a24


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 J 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 S Argue, the trainer and driver of DEREK CLARKE endorsed the information with the words "I do not contest the 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 placed 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 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 ws ordered that dividends and stakes be paid in accordance with the amended result.

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr S Argue


StipendSteward:


raceid: a4aca3d4bdf548853b7bda2b8a4bf1b2


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: d1c136ed48bc7b0001308ed42e5e9428


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/06/2011


meet_title: Manukau TC - 3 June 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manukau-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: GJones


meet_pm2: none


name: Manukau TC