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.

Rangiora HRC – 1 December 2005 – Race 7

ID: JCA19435

Hearing Type:
Old Hearing

Rules:
869.8, 870.5

Hearing Type (Code):
harness-racing

Decision: --

Following the running of Race 7, the About New Zealand Rental Cars Handicap Trot, an information instigating a protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 870(5)



--

DECISION AND REASONS:

--

Following the running of Race 7, the About New Zealand Rental Cars Handicap Trot, an information instigating a protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 870(5), the "lapped on" rule. The information reads as follows.

------

"This is a protest against horse number (3) placed 3rd by the judge on the grounds of breaking from its gait (Rule 870(5)) lapped on. Billy Boy (R. P. Nyhan) broke with approx. 30m to run being lapped onto Pine Tree and Jack The Capricorn."

--

Rule 870(5) reads as follows.

--

"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 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."

--

Present at the hearing was Mr R. P. Nyhan the driver of "Billy Boy" (3). Mr Nyhan was also the part owner of "Billy Boy".

--

Video coverage of the finish of the race was used to show that when the finishing line was reached "Billy Boy" was lapped on by the 4th and 5th horses. The official margin between 3rd and 4th was ? of a length, and the 5th horse was almost in line with the 4th horse.

--

Mr Nyhan stated that he was not familiar with the "lapped on" rule and this was explained to him. Mr Nyhan did not dispute that his horse had broken from its gait, and nor did he dispute the official margins between his horse and the 4th and 5th horses.

--

After hearing the evidence we were satisfied that "Billy Boy" was lapped on by the 4th and 5th horses, and accordingly "Billy Boy" was relegated to 5th place with "Pine Tree" and "Jack The Capricorn" being promoted to 3rd and 4th respectively.

--

The amended places are as follows.

--

The amended places are as follows.

--

--

1st ? Dalton Invasion (8)

--

2nd ? Aria Abbe (1)

--

3rd ? Pine Tree (7)

--

4th ? Jack The Capricorn (2)

--

5th ? Billy Boy (3)

--

6th ? Pammy's Prince (6)

--

 

--

 

--

--

 

--

 

--

 

Decision Date: 01/12/2005

Publish Date: 01/12/2005

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: 557ffa6143d917e6c520ebd1633aa731


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 01/12/2005


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Rangiora HRC - 1 December 2005 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of Race 7, the About New Zealand Rental Cars Handicap Trot, an information instigating a protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 870(5)



--

DECISION AND REASONS:

--

Following the running of Race 7, the About New Zealand Rental Cars Handicap Trot, an information instigating a protest was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 870(5), the "lapped on" rule. The information reads as follows.

------

"This is a protest against horse number (3) placed 3rd by the judge on the grounds of breaking from its gait (Rule 870(5)) lapped on. Billy Boy (R. P. Nyhan) broke with approx. 30m to run being lapped onto Pine Tree and Jack The Capricorn."

--

Rule 870(5) reads as follows.

--

"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 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."

--

Present at the hearing was Mr R. P. Nyhan the driver of "Billy Boy" (3). Mr Nyhan was also the part owner of "Billy Boy".

--

Video coverage of the finish of the race was used to show that when the finishing line was reached "Billy Boy" was lapped on by the 4th and 5th horses. The official margin between 3rd and 4th was ? of a length, and the 5th horse was almost in line with the 4th horse.

--

Mr Nyhan stated that he was not familiar with the "lapped on" rule and this was explained to him. Mr Nyhan did not dispute that his horse had broken from its gait, and nor did he dispute the official margins between his horse and the 4th and 5th horses.

--

After hearing the evidence we were satisfied that "Billy Boy" was lapped on by the 4th and 5th horses, and accordingly "Billy Boy" was relegated to 5th place with "Pine Tree" and "Jack The Capricorn" being promoted to 3rd and 4th respectively.

--

The amended places are as follows.

--

The amended places are as follows.

--

--

1st ? Dalton Invasion (8)

--

2nd ? Aria Abbe (1)

--

3rd ? Pine Tree (7)

--

4th ? Jack The Capricorn (2)

--

5th ? Billy Boy (3)

--

6th ? Pammy's Prince (6)

--

 

--

 

--

--

 

--

 

--

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.8, 870.5


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid:


race_expapproval:


racecancelled:


race_noreport:


race_emailed1:


race_emailed2:


race_title:


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid:


meet_expapproval:


meet_noreport:


waitingforpublication:


meet_emailed1:


meet_emailed2:


meetdate: no date provided


meet_title:


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation:


meet_racingtype:


meet_chair:


meet_pm1:


meet_pm2:


name: