Nelson HRC 10 January 2020 – R 10 – (instigating a protest) – Chair, Mr T Utikere
ID: JCA12978
Meet Title:
Nelson HRC - 10 January 2020
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Meet Committee Member 2:
LYong
Race Date:
2020/01/10
Race Number:
R10
Decision:
The protest is upheld, and the amended placings are now:
1st - (4)--SOUNDSLIKEART
2nd - (11) -GIVEMEWHATINEED
3rd - (1) -CANSTAR
4th - (6) -MORDECAI
5th - (2) -HANDS UP JACK
A direction for dividends and stake monies to be paid in accordance with the amended placings was also made.
Facts:
Following the running of Race 10 (Woodlands Stud “DOWNBYTHESIDE” Mobile Pace 2400m), an Information instigating a Protest was lodged alleging that horse number 2 breached the provisions of Rule 870(5) in that “HANDS UP JACK broke late in the run home and was lapped on by MORDECAI”.
The Judge’s placings were:
1st - (4)--SOUNDSLIKEART
2nd - (11) -GIVEMEWHATINEED
3rd - (1) -CANSTAR
4th - (2) -HANDS UP JACK
5th - (6) -MORDECAI
Rule 870(5) states:
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 its horseman, then (subject to r 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
HANDS UP JACK’s Driver, Mr Jonny Cox, confirmed that he understood the relevant Rule.
Submissions for Decision:
Using the head-on and side-on films, Mr Williams identified HANDS UP JACK in the one-off the inside position.
Mr Renault alleged that as the horse’s nose reached the winning post, HANDS UP JACK was in an incorrect gait. He used the head on film to identify the point at which he believed the horse’s head to move downwards and then into an upwards movement. When this head-on view was synchronised with the side-on film, he submitted the horse’s nose had reached the winning post. He submitted a copy of the official photograph alongside the Judge’s margin between fourth and fifth as ¾ length.
Mr Cox submitted that his horse was in a pace when it’s nose reached the line. He identified that this was supported by the horse’s legs still being in a pacing action rather than a full gallop. He did not believe this justified the horse being in breach of Rule 870(5).
Reasons for Decision:
The head-on and side-on films clearly demonstrate what occurred over the concluding stages of the race. Our analysis of the head-on clearly shows the head of HANDS UP JACK moving down and then immediately upwards, clearly indicating that the horse was in a gallop and a clearly different gait. When this is synchronised with the side-on film, it is clear to us that the incorrect gait is already established when the horse’s nose has reached the winning post. We are satisfied that this is in clear breach of Rule 870(5) and with the official margin of ¾ lengths to the next runner, along with the Official Photograph, it is evident that it had been lapped on by MORDECAI. Accordingly, HANDS UP JACK will be relegated to fifth placing.
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: 709fa24c1895201392526b67c6194700
informantnumber: A13113
horsename: HANDS UP JACK
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/01/2020
hearing_title: Nelson HRC 10 January 2020 - R 10 - (instigating a protest) - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 10 (Woodlands Stud “DOWNBYTHESIDE” Mobile Pace 2400m), an Information instigating a Protest was lodged alleging that horse number 2 breached the provisions of Rule 870(5) in that “HANDS UP JACK broke late in the run home and was lapped on by MORDECAI”.
The Judge’s placings were:
1st - (4)--SOUNDSLIKEART
2nd - (11) -GIVEMEWHATINEED
3rd - (1) -CANSTAR
4th - (2) -HANDS UP JACK
5th - (6) -MORDECAI
Rule 870(5) states:
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 its horseman, then (subject to r 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.
HANDS UP JACK’s Driver, Mr Jonny Cox, confirmed that he understood the relevant Rule.
appealdecision:
isappeal:
submissionsfordecision:
Using the head-on and side-on films, Mr Williams identified HANDS UP JACK in the one-off the inside position.
Mr Renault alleged that as the horse’s nose reached the winning post, HANDS UP JACK was in an incorrect gait. He used the head on film to identify the point at which he believed the horse’s head to move downwards and then into an upwards movement. When this head-on view was synchronised with the side-on film, he submitted the horse’s nose had reached the winning post. He submitted a copy of the official photograph alongside the Judge’s margin between fourth and fifth as ¾ length.
Mr Cox submitted that his horse was in a pace when it’s nose reached the line. He identified that this was supported by the horse’s legs still being in a pacing action rather than a full gallop. He did not believe this justified the horse being in breach of Rule 870(5).
reasonsfordecision:
The head-on and side-on films clearly demonstrate what occurred over the concluding stages of the race. Our analysis of the head-on clearly shows the head of HANDS UP JACK moving down and then immediately upwards, clearly indicating that the horse was in a gallop and a clearly different gait. When this is synchronised with the side-on film, it is clear to us that the incorrect gait is already established when the horse’s nose has reached the winning post. We are satisfied that this is in clear breach of Rule 870(5) and with the official margin of ¾ lengths to the next runner, along with the Official Photograph, it is evident that it had been lapped on by MORDECAI. Accordingly, HANDS UP JACK will be relegated to fifth placing.
Decision:
The protest is upheld, and the amended placings are now:
1st - (4)--SOUNDSLIKEART
2nd - (11) -GIVEMEWHATINEED
3rd - (1) -CANSTAR
4th - (6) -MORDECAI
5th - (2) -HANDS UP JACK
A direction for dividends and stake monies to be paid in accordance with the amended placings was also made.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Renault - Stipendiary Steward
Respondent: Mr J Cox - Driver of HANDS UP JACK
StipendSteward:
raceid: eda02dc4f5d506fa081643326e9bf0a9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6f8c33d43a78e39b3f209ca3fb35a583
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/01/2020
meet_title: Nelson HRC - 10 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: LYong
name: Nelson HRC