Reefton TC 30 December 2014 – R 10 (Instigating a Protest)
ID: JCA15166
Meet Title:
Reefton TC - 30 December 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/12/30
Race Number:
R10
Decision:
The protest was upheld and HABIBTI IVY was relegated to 3rd placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st - 10 Cherry Lindenny
2nd - 11 Speedy Earl
3rd - 3 Habibti Ivy
4th - 5 Sarah Palin
5th - 2 Little Bro
6th - 7 Foreverman
It was ordered that dividends and stake monies be paid in accordance with that amended result.
Facts:
Following the running of Race 10, Rosco Contractors Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against HABIBTI IVY (B N Orange), placed 2nd by the judge, on the grounds that “HABIBTI IVY broke and was in a break across the finish line as a result of which HABIBTI IVY was lapped on by SPEEDY EARL”, placed 3rd by the judge.
Mr Orange was not present at the hearing of the information. He had endorsed on the information form and signed “I do not contest the protest”. Mr Wallis confirmed that Mr Orange did not wish to be present at the protest hearing.
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 judge’s placings were:
1st - 10 Cherry Lindenny
2nd - 3 Habibti Ivy
3rd - 11 Speedy Earl
4th - 5 Sarah Palin
5th - 2 Little Bro
6th - 7 Foreverman
The judge's official margin between 2nd and 3rd was 0.9 length.
Submissions for Decision:
Mr Wallis showed video replays of the concluding stages of the race. He pointed out HABIBTI IVY, driven by Mr Orange, racing in 2nd position inside the final 50 metres, go into a gallop, free of interference, and continue in a gallop across the finishing line, finishing in 2nd placing. Mr Wallis alleged that HABIBTI IVY was lapped on by the 3rd placed runner, SPEEDY EARL, which was in its correct gait. Mr Wallis also produced a photo finish of the race which confirmed that HABIBTI IVY was in a gallop and lapped on by SPEEDY EARL.
Reasons for Decision:
The Committee was satisfied that HABIBTI IVY broke short of the finishing line, free of interference, and had continued in a gallop to the finishing line. It was in a gallop when its nose reached the finishing line. The Committee was further satisfied that it was lapped on by the 3rd placed runner, SPEEDY EARL, in its correct gait.
The Committee also noted that Mr Orange, driver of HABIBTI IVY, was not contesting the relegation of that horse to 3rd.
JCA Decision Fields (raw)
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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: 719070fa4aca074e49585cce6bb69576
informantnumber: A6612
horsename: HABIBTI IVY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 29/12/2014
hearing_title: Reefton TC 30 December 2014 - R 10 (Instigating a Protest)
charge:
facts:
Following the running of Race 10, Rosco Contractors Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S W Wallis, against HABIBTI IVY (B N Orange), placed 2nd by the judge, on the grounds that “HABIBTI IVY broke and was in a break across the finish line as a result of which HABIBTI IVY was lapped on by SPEEDY EARL”, placed 3rd by the judge.
Mr Orange was not present at the hearing of the information. He had endorsed on the information form and signed “I do not contest the protest”. Mr Wallis confirmed that Mr Orange did not wish to be present at the protest hearing.
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 judge’s placings were:
1st - 10 Cherry Lindenny
2nd - 3 Habibti Ivy
3rd - 11 Speedy Earl
4th - 5 Sarah Palin
5th - 2 Little Bro
6th - 7 Foreverman
The judge's official margin between 2nd and 3rd was 0.9 length.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis showed video replays of the concluding stages of the race. He pointed out HABIBTI IVY, driven by Mr Orange, racing in 2nd position inside the final 50 metres, go into a gallop, free of interference, and continue in a gallop across the finishing line, finishing in 2nd placing. Mr Wallis alleged that HABIBTI IVY was lapped on by the 3rd placed runner, SPEEDY EARL, which was in its correct gait. Mr Wallis also produced a photo finish of the race which confirmed that HABIBTI IVY was in a gallop and lapped on by SPEEDY EARL.
reasonsfordecision:
The Committee was satisfied that HABIBTI IVY broke short of the finishing line, free of interference, and had continued in a gallop to the finishing line. It was in a gallop when its nose reached the finishing line. The Committee was further satisfied that it was lapped on by the 3rd placed runner, SPEEDY EARL, in its correct gait.
The Committee also noted that Mr Orange, driver of HABIBTI IVY, was not contesting the relegation of that horse to 3rd.
Decision:
The protest was upheld and HABIBTI IVY was relegated to 3rd placing.
Consequent upon the relegation, the amended result for the race is as follows:
1st - 10 Cherry Lindenny
2nd - 11 Speedy Earl
3rd - 3 Habibti Ivy
4th - 5 Sarah Palin
5th - 2 Little Bro
6th - 7 Foreverman
It was ordered that dividends and stake monies be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(5)
Informant: Mr S W Wallis -Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr B N Orange - Licensed Open Horseman
StipendSteward:
raceid: 9e6281933d125e3bdd6237d7f7fbf7d0
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: 3a9626cee704ac09a557d9961e30a48f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2014
meet_title: Reefton TC - 30 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Reefton TC