Archive Decision

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Reefton TC 15 April – R 13 (instigating a protest)

ID: JCA16953

Applicant:
N M Ydgren, Stipendiary Steward

Information Number:
13887

Hearing Type:
Protest

Rules:
870 (5)

Meet Title:
Reefton TC - 15 April 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JMillar

Race Date:
2011/04/15

Race Number:
R13

Decision:

The protest was dismissed and it was ordered that the judge’s placings for the race stand.

Facts:

Following the running of Race 13, Westport / Reefton Trotting Clubs Appreciation Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against DOUBLE HAPPY (D J Dunn), placed 4th by the judge, on the ground that “over the final stages DOUBLE HAPPY broke and was lapped on by CULLEN’S FINEST”.

Mr D J Dunn was present at the hearing of the information and he indicated that he was representing the connections of DOUBLE HAPPY.

Rule 870 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 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 horseman, then (subject to Rule 869 (8) such relegation of the horse shall be at the discretion of the Judicial Committee.

The official margin between 4th and 5th was a short head.

Submissions for Decision:

Mr Ydgren produced the official photo finish of the race and submitted that it was inconclusive as far as the gait of DOUBLE HAPPY at the finishing line was concerned, as the horse was obscured by the 5th placed runner, CULLEN’S FINEST. Mr Ydgren then showed a video replay of the final 100 metres of the race. He pointed out DOUBLE HAPPY, driven by Mr Dunn, finishing on widest on the track. Approximately 50 metres from the finishing line, the horse galloped and continued on in a “very awkward gait” to the finishing line.

Mr Dunn submitted that the horse had crossed the line “very roughly” but not in a gallop. He submitted that it was difficult to tell as the definition of the video replay was not altogether clear. The horse should be given the benefit of the doubt, he said, as there was no clear evidence that it was in a gallop.

Mr Ydgren agreed that it was difficult to determine whether the horse was in its correct gait. It had lost ground as it was a length in front of CULLEN’S FINEST when it first galloped. The margin to that horse at the finish was a short head.

There was no allegation by Mr Ydgren that DOUBLE HAPPY had breached the Breaking Horses Regulations.

Reasons for Decision:

The Committee was satisfied that DOUBLE HAPPY had been quite clearly lapped on by the 5th placed runner, CULLEN’S FINEST. The issue to be determined was whether, when the nose of DOUBLE HAPPY reached the finishing line, the horse was in its correct gait. This is not usually an issue that is difficult to determine but, in this case, the video and photo finish evidence were, in the Committee’s view, inconclusive. The horse’s gait when its nose reached the finishing line was best described by Mr Dunn as “awkward”. The Committee was inclined to the view that the relevant stride was in its correct gait, although it clearly galloped prior to and past the finishing line.

The Committee, after viewing the video replay of the race repeatedly, was not satisfied that DOUBLE HAPPY was not in its correct gait when its nose reached the finishing line and, therefore, was not satisfied that it had breached the Rule.

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: b79afb3e4fc155a3368041eee5cdab22


informantnumber: 13887


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 14/04/2011


hearing_title: Reefton TC 15 April - R 13 (instigating a protest)


charge:


facts:

Following the running of Race 13, Westport / Reefton Trotting Clubs Appreciation Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against DOUBLE HAPPY (D J Dunn), placed 4th by the judge, on the ground that “over the final stages DOUBLE HAPPY broke and was lapped on by CULLEN’S FINEST”.

Mr D J Dunn was present at the hearing of the information and he indicated that he was representing the connections of DOUBLE HAPPY.

Rule 870 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 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 horseman, then (subject to Rule 869 (8) such relegation of the horse shall be at the discretion of the Judicial Committee.

The official margin between 4th and 5th was a short head.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren produced the official photo finish of the race and submitted that it was inconclusive as far as the gait of DOUBLE HAPPY at the finishing line was concerned, as the horse was obscured by the 5th placed runner, CULLEN’S FINEST. Mr Ydgren then showed a video replay of the final 100 metres of the race. He pointed out DOUBLE HAPPY, driven by Mr Dunn, finishing on widest on the track. Approximately 50 metres from the finishing line, the horse galloped and continued on in a “very awkward gait” to the finishing line.

Mr Dunn submitted that the horse had crossed the line “very roughly” but not in a gallop. He submitted that it was difficult to tell as the definition of the video replay was not altogether clear. The horse should be given the benefit of the doubt, he said, as there was no clear evidence that it was in a gallop.

Mr Ydgren agreed that it was difficult to determine whether the horse was in its correct gait. It had lost ground as it was a length in front of CULLEN’S FINEST when it first galloped. The margin to that horse at the finish was a short head.

There was no allegation by Mr Ydgren that DOUBLE HAPPY had breached the Breaking Horses Regulations.


reasonsfordecision:

The Committee was satisfied that DOUBLE HAPPY had been quite clearly lapped on by the 5th placed runner, CULLEN’S FINEST. The issue to be determined was whether, when the nose of DOUBLE HAPPY reached the finishing line, the horse was in its correct gait. This is not usually an issue that is difficult to determine but, in this case, the video and photo finish evidence were, in the Committee’s view, inconclusive. The horse’s gait when its nose reached the finishing line was best described by Mr Dunn as “awkward”. The Committee was inclined to the view that the relevant stride was in its correct gait, although it clearly galloped prior to and past the finishing line.

The Committee, after viewing the video replay of the race repeatedly, was not satisfied that DOUBLE HAPPY was not in its correct gait when its nose reached the finishing line and, therefore, was not satisfied that it had breached the Rule.


Decision:

The protest was dismissed and it was ordered that the judge’s placings for the race stand.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870 (5)


Informant: N M Ydgren, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: D J Dunn, Licensed Junior Horseman


Respondent:


StipendSteward:


raceid: 88588afcb73cfb1fc5f8d284e144f6d1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R13


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: eecb07e238fe23ccffa8618e0662541d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/04/2011


meet_title: Reefton TC - 15 April 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: reefton-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: JMillar


meet_pm2: none


name: Reefton TC