Archive Decision

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NZ Metro TC 10 August 2012 – R 1 (instigating a protest)

ID: JCA15000

Applicant:
Mr N McIntyre and Mr N Ydgren - Stipendiary Stewards

Respondent(s):
David & Catherine Butt - Licensed Trainers

Information Number:
A5195

Hearing Type:
Protest

Rules:
Rule 870(5)

Meet Title:
NZ Metro TC - 10 August 2012

Meet Chair:
KHales

Meet Committee Member 1:
SChing

Race Date:
2012/08/10

Race Number:
R1

Decision:

"Bert Sivad" is relegated to 5th position.

The amended placings are therefore:

Horse 8 - "Mossdale Logan" - 1st

Horse 13 - "Arvee Bromac" - 2nd

Horse 7 - "The Joint" - 3rd

Horse 1 - "Lies A Lot" - 4th

Horse 9 - "Bert Sivad" - 5th

Horse 4 - "No Man's Land" - 6th

Dividends are to be paid in accordance with the amended placings.

Facts:

Just prior to the finish of Race 1 "Bert Sivad", driven Mr David Butt, broke from its correct gait and continued out of its correct gait over the  finishing line. At the relevant time, "Lies A Lot" driven by Mr Colin de Fillippi,  was lapped on to "Bert Sivad".

As a consequence, the Stipendiary Stewards requested that "Bert Sivad" be relegated behind "Lies A Lot".

Submissions for Decision:

The Stipendiary Stewards submitted that the situation was clear and that relegation in terms of the rule was inevitable. Mr David Butt, who did not appear at the hearing had endorsed the information, "I do not contest relegation of "Bert Sivad to 5th."

Reasons for Decision:

As "Lies A Lot" was clearly lapped on to "Bert Sivad", as the horses crossed the finishing line, with "Bert Sivad" being out of its correct gait, it is clear that "Bert Sivad" must be relegated behind "Lies A Lot".

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: 97225b51361fed30b13d8e7b5df56f8f


informantnumber: A5195


horsename: Bert Sivad


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 24/07/2012


hearing_title: NZ Metro TC 10 August 2012 - R 1 (instigating a protest)


charge:


facts:

Just prior to the finish of Race 1 "Bert Sivad", driven Mr David Butt, broke from its correct gait and continued out of its correct gait over the  finishing line. At the relevant time, "Lies A Lot" driven by Mr Colin de Fillippi,  was lapped on to "Bert Sivad".

As a consequence, the Stipendiary Stewards requested that "Bert Sivad" be relegated behind "Lies A Lot".


appealdecision:


isappeal:


submissionsfordecision:

The Stipendiary Stewards submitted that the situation was clear and that relegation in terms of the rule was inevitable. Mr David Butt, who did not appear at the hearing had endorsed the information, "I do not contest relegation of "Bert Sivad to 5th."


reasonsfordecision:

As "Lies A Lot" was clearly lapped on to "Bert Sivad", as the horses crossed the finishing line, with "Bert Sivad" being out of its correct gait, it is clear that "Bert Sivad" must be relegated behind "Lies A Lot".


Decision:

"Bert Sivad" is relegated to 5th position.

The amended placings are therefore:

Horse 8 - "Mossdale Logan" - 1st

Horse 13 - "Arvee Bromac" - 2nd

Horse 7 - "The Joint" - 3rd

Horse 1 - "Lies A Lot" - 4th

Horse 9 - "Bert Sivad" - 5th

Horse 4 - "No Man's Land" - 6th

Dividends are to be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 870(5)


Informant: Mr N McIntyre and Mr N Ydgren - Stipendiary Stewards


JockeysandTrainer:


Otherperson:


PersonPresent: Mr N Ydgren - Stipendiary Steward, Mr N McIntyre - Stipendiary Steward


Respondent: David & Catherine Butt - Licensed Trainers


StipendSteward:


raceid: ee210dfb218d8c1b3b8649c4aaeff850


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: 1a798d1445112df1a5f482df85ef7cbc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/08/2012


meet_title: NZ Metro TC - 10 August 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: KHales


meet_pm1: SChing


meet_pm2: none


name: NZ Metro TC