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.

Marlborough HRC – 18 June 2010 – R 9

ID: JCA23159

Hearing Type:
Old Hearing

Rules:
870(5)

Hearing Type (Code):
harness-racing

Meet Title:
Marlborough HRC - 18 June 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/06/18

Race Number:
R 9

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION (Instigating a Protest

--

Informant: N R Escott, Chief Stipendiary Steward

--

Defendant:

--

Information No: 13706

--

Meeting: Marlborough Harness Racing Club

--

Date: 18 June 2010

--

Venue: Waterlea Raceway, Blenheim

--

Race: 9

--

Rule No: 870 (5)

--

Judicial Committee: R G McKenzie, Chairman - S C Ching, Panellist

--

 

--

FACTS:

--

Following the running of Race 9, Gill Construction Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against WILUSI BLUES (T S Chmiel), placed 1st by the judge, on the ground of breaking from its gait “over the final stages” and being “lapped on”.

--

 

--

Mr T S Chmiel, driver and co-trainer of WILUSI BLUES, had endorsed and signed on the information form “I do not contest the protest”.

--

 

--

Rule 870 provides as follows:

--

(5)     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 horseman,  then (subject to Rule 869 (8))such relegation of the horse shall be at the discretion of the Judicial Committee.

--

 

--

SUBMISSIONS:

--

Mr Escott showed a video replay of the race. He pointed out WILUSI BLUES, widest on the track, break from its gait just before the finishing line and he alleged it was still in a gallop when its nose reached the finishing line. Mr Escott also produced the official photo finish print of the race on which it could be clearly seen that the horse was in a gallop and, further, that it was lapped on by the 2nd placed runner, SAMARIAS BROMAC.

--

 

--

Mr Escott sought relegation of WILUSI BLUES to 2nd placing pursuant to Rule 870 (5).

--

 

--

REASONS:

--

The Committee was satisfied that, firstly, WILUSI BLUES was not in its correct gait when its nose reached the finishing line and, secondly, that it was lapped on by the 2nd placed runner, SAMARIAS BROMAC, in the correct gait.The Committee also noted that Mr Chmiel was not contesting the protest.

--

The Committee was satisfied that Rule 870 (5) applied.

--

 

--

DECISION:

--

The protest was upheld and WILUS I BLUES was relegated to 2nd placing in the race.

--

 

--

Consequent upon the relegation, the amended placings for the race are as follows:

--

1st     4   Samarias Bromac

--

2nd    5   Wilusi Blues

--

3rd   10   Tor Riley

--

4th     3   Westburn Creed

--

5th     1   Aveross Star

--

6th     7   Tuscany Gold

--

 

--

 

--

R G McKenzie                  S C Ching

--

Chairman                        Committee Member            

--

13706

--

 

--

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: f8f12a9dbc422ee2a825012dd2286a5a


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 18/06/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Marlborough HRC - 18 June 2010 - R 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

RACEDAY JUDICIAL COMMITTEE DECISION (Instigating a Protest

--

Informant: N R Escott, Chief Stipendiary Steward

--

Defendant:

--

Information No: 13706

--

Meeting: Marlborough Harness Racing Club

--

Date: 18 June 2010

--

Venue: Waterlea Raceway, Blenheim

--

Race: 9

--

Rule No: 870 (5)

--

Judicial Committee: R G McKenzie, Chairman - S C Ching, Panellist

--

 

--

FACTS:

--

Following the running of Race 9, Gill Construction Mobile Pace, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against WILUSI BLUES (T S Chmiel), placed 1st by the judge, on the ground of breaking from its gait “over the final stages” and being “lapped on”.

--

 

--

Mr T S Chmiel, driver and co-trainer of WILUSI BLUES, had endorsed and signed on the information form “I do not contest the protest”.

--

 

--

Rule 870 provides as follows:

--

(5)     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 horseman,  then (subject to Rule 869 (8))such relegation of the horse shall be at the discretion of the Judicial Committee.

--

 

--

SUBMISSIONS:

--

Mr Escott showed a video replay of the race. He pointed out WILUSI BLUES, widest on the track, break from its gait just before the finishing line and he alleged it was still in a gallop when its nose reached the finishing line. Mr Escott also produced the official photo finish print of the race on which it could be clearly seen that the horse was in a gallop and, further, that it was lapped on by the 2nd placed runner, SAMARIAS BROMAC.

--

 

--

Mr Escott sought relegation of WILUSI BLUES to 2nd placing pursuant to Rule 870 (5).

--

 

--

REASONS:

--

The Committee was satisfied that, firstly, WILUSI BLUES was not in its correct gait when its nose reached the finishing line and, secondly, that it was lapped on by the 2nd placed runner, SAMARIAS BROMAC, in the correct gait.The Committee also noted that Mr Chmiel was not contesting the protest.

--

The Committee was satisfied that Rule 870 (5) applied.

--

 

--

DECISION:

--

The protest was upheld and WILUS I BLUES was relegated to 2nd placing in the race.

--

 

--

Consequent upon the relegation, the amended placings for the race are as follows:

--

1st     4   Samarias Bromac

--

2nd    5   Wilusi Blues

--

3rd   10   Tor Riley

--

4th     3   Westburn Creed

--

5th     1   Aveross Star

--

6th     7   Tuscany Gold

--

 

--

 

--

R G McKenzie                  S C Ching

--

Chairman                        Committee Member            

--

13706

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 870(5)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e0a0f22eb7e20ab1edd3198b45e77236


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fb7cec59bf6d989083e0fe231f73a0cd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/06/2010


meet_title: Marlborough HRC - 18 June 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: marlborough-hrc


meet_racingtype: harness-racing


meet_chair: tom


meet_pm1: tom


meet_pm2: tom


name: Marlborough HRC