Rangiora HRC – 29 June 2008 – Race 2
ID: JCA18414
Hearing Type (Code):
harness-racing
Meet Title:
Rangiora HRC - 29 June 2008
Race Date:
2008/06/29
Race Number:
Race 2
Decision: Following the running of Race 2, the Paul Yesberg Insurance Services Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of the “lapped on” rule, Rule 870(5), by “Ray” (2) driven by Mr D. J. Dunn.
Following the running of Race 2, the Paul Yesberg Insurance Services Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of the “lapped on” rule, Rule 870(5), by “Ray” (2) driven by Mr D. J. Dunn. Mr Dunn is a Junior Horseman and he was assisted at the hearing by Mr A. M. Butt who advised that he represented the interests of the trainer and owners of “Ray”.
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The Information reads as follows.
----
“This is a protest against horse number 2 placed 1st by the Judge on the grounds of breaking from its gait (Rule 870(5)) lapped on by 13, 7 and 10.”
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Rule 870(5) provides as follows.
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“(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 its horseman, then (subject to Rule 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.”
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Mr Escott gave evidence that “Ray” had broken from its correct gait a
--short distance before the finishing line, was still in its incorrect gait when it reached the finishing line, and at that time was lapped on by “Domination” (13), “Perfect For Now” (7) and “Idle Earl” (10). The official margins were a short head, a nose and a ½ length.
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Stipendiary Steward Mrs K. R. Williams used video coverage to illustrate this incident, and pointed out where “Ray” had broken from its gait, and that it was still in its incorrect gait when it reached the finishing line. This incident was viewed many times from various angles. Mr Escott also said that “Ray” had gone into a break 4 – 5 strides before the finishing line.
----
Mr Butt did not dispute that “Ray” was lapped on as alleged in the Information, and said that the only matter in dispute was whether the horse had galloped before or after the finishing line. It was Mr Butt’s evidence that “Ray” had not been in a break as alleged, but rather it had been trotting roughly at the time and had not gone into a break until after the finishing line. Mr Butt said that there was some doubt “Ray” had been in break before the finishing line. In summary Mr Butt said he believed that “Ray” had reached the finishing line trotting “rough” but still in a trot.
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Mr Dunn supported Mr Butt’s evidence.
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I then adjourned to consider my decision. I was satisfied that the video coverage of this incident was quite clear that “Ray” had gone into a break 2 – 3 strides before the finishing line, and that it was still in its incorrect gait when its nose reached the finishing line. I rejected Mr Butt’s and Mr Dunn’s evidence to contrary.
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--
On resuming the hearing I advised that a full written decision would be provided later, and gave the following oral decision.
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“Having seen the video coverage and having heard the evidence I am satisfied that “Ray” broke from its correct gait just short of the finishing line, and was still in a break when the finishing line was reached, and for these reasons the protest is upheld.”
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Accordingly “Ray” was relegated from 1st to 4th place, with the amended places being as follows.
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1st – Domination (13)
--2nd – Perfect For Now (7)
--3rd – Idle Earl (10)
--4th – Ray (2)
--5th – Lover Or Loser (1)
--6th – Go The Boyz (6)
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--
--
J. M. Phelan
--Chairman
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: 09b6c2d36193d27bdae3f5cf3a5fa329
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 29/06/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Rangiora HRC - 29 June 2008 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 2, the Paul Yesberg Insurance Services Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of the “lapped on” rule, Rule 870(5), by “Ray” (2) driven by Mr D. J. Dunn.Following the running of Race 2, the Paul Yesberg Insurance Services Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of the “lapped on” rule, Rule 870(5), by “Ray” (2) driven by Mr D. J. Dunn. Mr Dunn is a Junior Horseman and he was assisted at the hearing by Mr A. M. Butt who advised that he represented the interests of the trainer and owners of “Ray”.
----
The Information reads as follows.
----
“This is a protest against horse number 2 placed 1st by the Judge on the grounds of breaking from its gait (Rule 870(5)) lapped on by 13, 7 and 10.”
----
Rule 870(5) 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 its horseman, then (subject to Rule 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.”
----
Mr Escott gave evidence that “Ray” had broken from its correct gait a
--short distance before the finishing line, was still in its incorrect gait when it reached the finishing line, and at that time was lapped on by “Domination” (13), “Perfect For Now” (7) and “Idle Earl” (10). The official margins were a short head, a nose and a ½ length.
----
Stipendiary Steward Mrs K. R. Williams used video coverage to illustrate this incident, and pointed out where “Ray” had broken from its gait, and that it was still in its incorrect gait when it reached the finishing line. This incident was viewed many times from various angles. Mr Escott also said that “Ray” had gone into a break 4 – 5 strides before the finishing line.
----
Mr Butt did not dispute that “Ray” was lapped on as alleged in the Information, and said that the only matter in dispute was whether the horse had galloped before or after the finishing line. It was Mr Butt’s evidence that “Ray” had not been in a break as alleged, but rather it had been trotting roughly at the time and had not gone into a break until after the finishing line. Mr Butt said that there was some doubt “Ray” had been in break before the finishing line. In summary Mr Butt said he believed that “Ray” had reached the finishing line trotting “rough” but still in a trot.
----
Mr Dunn supported Mr Butt’s evidence.
----
I then adjourned to consider my decision. I was satisfied that the video coverage of this incident was quite clear that “Ray” had gone into a break 2 – 3 strides before the finishing line, and that it was still in its incorrect gait when its nose reached the finishing line. I rejected Mr Butt’s and Mr Dunn’s evidence to contrary.
----
--
On resuming the hearing I advised that a full written decision would be provided later, and gave the following oral decision.
----
“Having seen the video coverage and having heard the evidence I am satisfied that “Ray” broke from its correct gait just short of the finishing line, and was still in a break when the finishing line was reached, and for these reasons the protest is upheld.”
----
Accordingly “Ray” was relegated from 1st to 4th place, with the amended places being as follows.
----
1st – Domination (13)
--2nd – Perfect For Now (7)
--3rd – Idle Earl (10)
--4th – Ray (2)
--5th – Lover Or Loser (1)
--6th – Go The Boyz (6)
----
--
--
J. M. Phelan
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 870.5, 869.8
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7c2e2fc0c9265b990a8766a1723890bd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3505e5bd158745a82d08dc54a065ba8e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/06/2008
meet_title: Rangiora HRC - 29 June 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Rangiora HRC