Archive Decision

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Taranaki TC 1 April 2016 – R 1 – (instigating a protest) – Chair, Mr P Williams

ID: JCA13211

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr H Bell - representing the Trainer/Driver Mr S McCaffrey

Information Number:
A3724

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Taranaki TC - 1 April 2016

Meet Chair:
PWilliams

Meet Committee Member 1:
TBird

Race Date:
2016/04/01

Race Number:
R1

Decision:

The film clearly shows Rule 870(5) being breached by “Primus Inter Pares” and accordingly it is relegated from 2nd to 3rd. The amended confirmed placings are as follows:-

1st Grey Stoke (4)
2nd Larch (9)
3rd Primus Inter Pares (3)
4th Jimmys Girl (8)
5th Awa Catherine (2)

Authorisation is given for the payment of all dividends and stakes based on the amended placings above.

Facts:

Following the running of race 1, the “Herbie’s 60th Mobile Trot” Information A3724 instigating a protest was filed by Stipendiary Steward Mr S Mulcay alleging a breach of Rule 870(5). The information stated that “the second placed “Primus Inter Pares” broke short of the finishing line and was lapped on by the third placed “Larch” – margin a neck.”

Mr Bell, representing the trainer/driver of “Primus Inter Pares” Mr S McCaffrey, advised the Stewards in writing on the Information prior to the hearing commencing that he did not contest the protest and did not wish to appear for the hearing.

The judge’s placings were:-

1st Grey Stoke (4)
2nd Primus Inter Pares (3)
3rd Larch (9)
4th Jimmys Girl (8)
5th Awa Catherine (2)

The official margins called by the Judge were 3/4l by a neck by 1 and 3/4l.

Rule 870 (5) states:-

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 the interference to such horse or its horseman, then (subject to Rule 869(A)) such relegation of the horse shall be at the discretion of the Judicial Committee.

“Lapped on” means when a horse has its nose in line with any part of the breaking horse’s body when the nose of the breaking horse reaches the finishing line.

Submissions for Decision:

Mr Mulcay used the side-on film of the last 100m of the race. He identified “Primus Inter Pares” breaking free of interference just prior to the finishing line and being lapped on by “Larch” which was provisionally placed 3rd by the Judge finishing a neck behind "Primus Inter Pares”. Mr Mulcay also showed the Committee the photo finish of the race to also confirm that “Primus Inter Pares” had been lapped on whilst crossing the finishing line in a break.

Reasons for Decision:

The film of the final 100m of the Race clearly shows “Primus Inter Pares” breaking free of interference approximately 25m before the finishing line and continuing to be in a break as it crossed the finishing line. As the horse crossed the line it was being lapped on by “Larch” which was provisionally placed 3rd by the Judge.

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: 52ebac4419041f269dd515f21d76796b


informantnumber: A3724


horsename: Primus Inter Pares


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 04/04/2016


hearing_title: Taranaki TC 1 April 2016 - R 1 - (instigating a protest) - Chair, Mr P Williams


charge:


facts:

Following the running of race 1, the “Herbie’s 60th Mobile Trot” Information A3724 instigating a protest was filed by Stipendiary Steward Mr S Mulcay alleging a breach of Rule 870(5). The information stated that “the second placed “Primus Inter Pares” broke short of the finishing line and was lapped on by the third placed “Larch” – margin a neck.”

Mr Bell, representing the trainer/driver of “Primus Inter Pares” Mr S McCaffrey, advised the Stewards in writing on the Information prior to the hearing commencing that he did not contest the protest and did not wish to appear for the hearing.

The judge’s placings were:-

1st Grey Stoke (4)
2nd Primus Inter Pares (3)
3rd Larch (9)
4th Jimmys Girl (8)
5th Awa Catherine (2)

The official margins called by the Judge were 3/4l by a neck by 1 and 3/4l.

Rule 870 (5) states:-

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 the interference to such horse or its horseman, then (subject to Rule 869(A)) such relegation of the horse shall be at the discretion of the Judicial Committee.

“Lapped on” means when a horse has its nose in line with any part of the breaking horse’s body when the nose of the breaking horse reaches the finishing line.


appealdecision:


isappeal:


submissionsfordecision:

Mr Mulcay used the side-on film of the last 100m of the race. He identified “Primus Inter Pares” breaking free of interference just prior to the finishing line and being lapped on by “Larch” which was provisionally placed 3rd by the Judge finishing a neck behind "Primus Inter Pares”. Mr Mulcay also showed the Committee the photo finish of the race to also confirm that “Primus Inter Pares” had been lapped on whilst crossing the finishing line in a break.


reasonsfordecision:

The film of the final 100m of the Race clearly shows “Primus Inter Pares” breaking free of interference approximately 25m before the finishing line and continuing to be in a break as it crossed the finishing line. As the horse crossed the line it was being lapped on by “Larch” which was provisionally placed 3rd by the Judge.


Decision:

The film clearly shows Rule 870(5) being breached by “Primus Inter Pares” and accordingly it is relegated from 2nd to 3rd. The amended confirmed placings are as follows:-

1st Grey Stoke (4)
2nd Larch (9)
3rd Primus Inter Pares (3)
4th Jimmys Girl (8)
5th Awa Catherine (2)

Authorisation is given for the payment of all dividends and stakes based on the amended placings above.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr H Bell - representing the Trainer/Driver Mr S McCaffrey


StipendSteward:


raceid: 7f5bdfa8a267137999dd7058287d8bc1


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: ae0829936d670c3e0bd0c62727be722b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/04/2016


meet_title: Taranaki TC - 1 April 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taranaki-tc


meet_racingtype: harness-racing


meet_chair: PWilliams


meet_pm1: TBird


meet_pm2: none


name: Taranaki TC