Marlborough HRC 13 January 2013 – R 5 (instigating a protest)
ID: JCA17682
Meet Title:
Marlborough HRC - 13 January 2013
Meet Chair:
PWilliams
Meet Committee Member 1:
KHales
Race Date:
2013/01/13
Race Number:
R 5
Decision:
The Committee relegates “Franco Nadal” from 3rd to 4th place. The amended placings are:-
1st Imelda (8)
2nd Dixie Commando (7)
3rd Mo Hahn (11)
4th Franco Nadal (9)
5th Topnotch Lyn (12)
Authorisation is given for the payment of all dividends and stakes based on the amended placings.
Facts:
Following the running of race 5 Information A4956 instigating a protest was filed by Stipendiary Steward Mr N Ydgren alleging a breach of Rule 870(5) by “Franco Nadal” driven by Mr R May. The information stated that “Franco Nadal (R May) broke over the concluding stages and was lapped on by “Mo Hahn”.
The judge’s placings were:-
1st Imelda (8)
2nd Dixie Commando (7)
3rd Franco Nadal (9)
4th Mo Hahn (11)
5th Topnotch Lyn (12)
The relevant margin was half a neck between 3rd and 4th.
Rule 870(5) states:- Notwithstanding the provisions of sub-rule(4) hereof any horse which is not in its 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 the interference to such horse or its horseman, then (subject to Rule 869(8)) 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 finishing line.
Mr May indicated on the Information that he did not contest the protest.
Submissions for Decision:
Mr Ydgren used the side-on film to show “Franco Nadal” in 3rd place a short distance before the winning post when it went into a pace and galloped across the line and was lapped on by “Mo Hahn” which was on its outside.
Reasons for Decision:
The side on-film clearly shows “Franco Nadal” breaking just before the winning line and being lapped on by “Mo Hahn”. The protest was not contested and the “ Lapped On” Rule applies.
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: df25aed666e8c3d7c9bf1e363ffed4e9
informantnumber: A4956
horsename: FRANCO NADAL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/12/2012
hearing_title: Marlborough HRC 13 January 2013 - R 5 (instigating a protest)
charge:
facts:
Following the running of race 5 Information A4956 instigating a protest was filed by Stipendiary Steward Mr N Ydgren alleging a breach of Rule 870(5) by “Franco Nadal” driven by Mr R May. The information stated that “Franco Nadal (R May) broke over the concluding stages and was lapped on by “Mo Hahn”.
The judge’s placings were:-
1st Imelda (8)
2nd Dixie Commando (7)
3rd Franco Nadal (9)
4th Mo Hahn (11)
5th Topnotch Lyn (12)
The relevant margin was half a neck between 3rd and 4th.
Rule 870(5) states:- Notwithstanding the provisions of sub-rule(4) hereof any horse which is not in its 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 the interference to such horse or its horseman, then (subject to Rule 869(8)) 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 finishing line.
Mr May indicated on the Information that he did not contest the protest.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren used the side-on film to show “Franco Nadal” in 3rd place a short distance before the winning post when it went into a pace and galloped across the line and was lapped on by “Mo Hahn” which was on its outside.
reasonsfordecision:
The side on-film clearly shows “Franco Nadal” breaking just before the winning line and being lapped on by “Mo Hahn”. The protest was not contested and the “ Lapped On” Rule applies.
Decision:
The Committee relegates “Franco Nadal” from 3rd to 4th place. The amended placings are:-
1st Imelda (8)
2nd Dixie Commando (7)
3rd Mo Hahn (11)
4th Franco Nadal (9)
5th Topnotch Lyn (12)
Authorisation is given for the payment of all dividends and stakes based on the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: Mr N Ydgren - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Renault - Stipendiary Steward
Respondent: Mr R May - Driver of FRANCO NADAL, Mr B Waldron - Trainer of FRANCO NADAL
StipendSteward:
raceid: 9446ef87215bc37ff00edd11242cb04f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 46213cf5516a66f18fc31cd007bee62c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/01/2013
meet_title: Marlborough HRC - 13 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: KHales
meet_pm2: none
name: Marlborough HRC