Archive Decision

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Marlborough HRC 23 January 2015 – R 6 (instigating a protest)

ID: JCA12489

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr M Jones - Open Horseman

Information Number:
A1455

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Marlborough HRC - 23 January 2015

Meet Chair:
PWilliams

Meet Committee Member 1:
KHales

Race Date:
2015/01/23

Race Number:
R6

Decision:

The film clearly shows Rule 870(5) being breached by “Astrapi” and accordingly it is relegated from 2nd to 5th. The amended confirmed placings are as follows:-

1st Kowhai Whiz (2)
2nd Zachary Binx (6)
3rd Tart N Tights (9)
4th Aile Rouge (8).
5th Astrapi (7)

Authorisation is given for the payment of all dividends and stakes.

Facts:

Following the running of race 6, the “Woodbourne Tavern Handicap Trot” Information A1455 instigating a protest was filed by Stipendiary Steward Mr N Ydgren alleging a breach of Rule 870(5). The information stated that “Astrapi broke prior to the line and continued to gallop over the line and was lapped on by runners 6, 9 and 8”.

Mr Jones, the driver of “Astrapi” advised the Stewards and the Committee prior to the hearing commencing that he did not contest the protest and did not wish to appear for the hearing.

The judge’s placings were:-

1st Kowhai Whiz (2)
2nd Astrapi (7)
3rd Zachary Binx (6)
4th Tart N Tights (9)
5th Aile Rouge (8).

The official margins called by the Judge were a nose by a head by ¾ length by a head.

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(A)) 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.

Submissions for Decision:

Mr Ydgren used the side-on film of the last 100m of the race. He identified “Astrapi” breaking free of interference just prior to the finishing line and being lapped on by “Zachary Binx”, “Tart N Tights” and “Aile Rouge” who were provisionally called in 3rd, 4th and 5th by the Judge with all of them finishing within a length of “Astrapi”.

Reasons for Decision:

The films of the final 50m of the Race clearly shows “Astrapi” breaking free of interference and continuing to be in a break as it crossed the finishing line. As the horse crossed the line it was being lapped on by “Zachary Binx”, “Tart N Tights” and “Aile Rouge” who were provisionally called in 3rd, 4th and 5th by the Judge.

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: 620d39c90155cb9f5981f9a8239de246


informantnumber: A1455


horsename: ASTRAPI


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 13/01/2015


hearing_title: Marlborough HRC 23 January 2015 - R 6 (instigating a protest)


charge:


facts:

Following the running of race 6, the “Woodbourne Tavern Handicap Trot” Information A1455 instigating a protest was filed by Stipendiary Steward Mr N Ydgren alleging a breach of Rule 870(5). The information stated that “Astrapi broke prior to the line and continued to gallop over the line and was lapped on by runners 6, 9 and 8”.

Mr Jones, the driver of “Astrapi” advised the Stewards and the Committee prior to the hearing commencing that he did not contest the protest and did not wish to appear for the hearing.

The judge’s placings were:-

1st Kowhai Whiz (2)
2nd Astrapi (7)
3rd Zachary Binx (6)
4th Tart N Tights (9)
5th Aile Rouge (8).

The official margins called by the Judge were a nose by a head by ¾ length by a head.

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(A)) 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.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren used the side-on film of the last 100m of the race. He identified “Astrapi” breaking free of interference just prior to the finishing line and being lapped on by “Zachary Binx”, “Tart N Tights” and “Aile Rouge” who were provisionally called in 3rd, 4th and 5th by the Judge with all of them finishing within a length of “Astrapi”.


reasonsfordecision:

The films of the final 50m of the Race clearly shows “Astrapi” breaking free of interference and continuing to be in a break as it crossed the finishing line. As the horse crossed the line it was being lapped on by “Zachary Binx”, “Tart N Tights” and “Aile Rouge” who were provisionally called in 3rd, 4th and 5th by the Judge.


Decision:

The film clearly shows Rule 870(5) being breached by “Astrapi” and accordingly it is relegated from 2nd to 5th. The amended confirmed placings are as follows:-

1st Kowhai Whiz (2)
2nd Zachary Binx (6)
3rd Tart N Tights (9)
4th Aile Rouge (8).
5th Astrapi (7)

Authorisation is given for the payment of all dividends and stakes.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr M Jones - Open Horseman


StipendSteward:


raceid: 3250b2956770c9456c2b651d750f41ec


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 58c8f478e627d498c85573a4b53448e2


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/01/2015


meet_title: Marlborough HRC - 23 January 2015


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "PWilliams", "Member": "", "OtherExpenses": "0", "KMs": "44", "Total": "27.28", "kmprice": 27.280000000000001, "Approved": "on"}]


meet_otherexp:


tracklocation: marlborough-hrc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: KHales


meet_pm2: none


name: Marlborough HRC