Timaru HRC 13 October 2013 – R 1 (instigating a protest)
ID: JCA17738
Meet Title:
Timaru HRC - 13 October 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/10/13
Race Number:
R1
Decision:
The protest was upheld and LITTLE RAKAIA was relegated to 6th place behind FILIGREE SHEREE, IDLE CONN and BREENY’S SMILE.
Consequent upon the relegation, the amended result for the race is as follows:
1st KAIZEN (11)
2nd LOTHARIO (10)
3rd FILIGREE SHEREE (8)
4th IDLE CONN (2)
5th BREENY’S SMILE (13)
6th LITTLE RAKAIA (1)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 1, the Monarchy Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against LITTLE RAKAIA (G O’Reilly), placed 3rd by the judge, in that LITTLE RAKAIA broke in the final stages and was lapped on by FILIGREE SHEREE, IDLE CONN and BREENY’S SMILE as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.
The Judge's placings in this race were as follows:
1st KAIZEN (11)
2nd LOTHARIO (10)
3rd LITTLE RAKAIA (1)
4th FILIGREE SHEREE (8)
5th IDLE CONN (2)
6th BREENY’S SMILE (13)
The Information reads as follows:
“That horse number (1) or its driver breached the provisions of Rule 870 (5) in that LITTLE RAKAIA was lapped on by FILIGREE SHEREE, IDLE CONN and BREENY’S SMILE when in a break over the finishing line.”
Mr O’Reilly had endorsed on the information form and signed “I do not contest the relegation of LITTLE RAKAIA.”
Rule 870 (5) provides as follows:
”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.”
Submissions for Decision:
Mr Ydgren showed a video replay of the final stages of the race. He pointed out LITTLE RAKAIA driven by Mr O ‘Reilly, when in contention, go into a break 2 to 3 strides prior to the post and continue in a break until the winning post. Mr Ydgren submitted that LITTLE RAKAIA was clearly lapped on by the 4th placed FILIGREE SHEREE, 5th placed IDLE CONN and BREENY’S SMILE when crossing the finish line. The margins between 3rd and 6th were a neck, ½ head and ½ length.
Mr Ydgren submitted that the Stewards were seeking relegation of LITTLE RAKAIA to behind the 6th placed BREENY’S SMILE.
Reasons for Decision:
The Committee was satisfied that LITTLE RAKAIA was in breach of Rule 870 (5). It was clear that LITTLE RAKAIA had broken 2-3 strides before the post, continued on in a break until the finish and was lapped on by the 4th placed FILIGREE SHEREE, 5th placed IDLE CONN and 6th placed BREENY’S SMILE. It was appropriate the protest be upheld and that the horse be relegated.
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: e701831a0110423f0b1882f0cd810b63
informantnumber: A1633
horsename: LITTLE RAKAIA
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/10/2013
hearing_title: Timaru HRC 13 October 2013 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, the Monarchy Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against LITTLE RAKAIA (G O’Reilly), placed 3rd by the judge, in that LITTLE RAKAIA broke in the final stages and was lapped on by FILIGREE SHEREE, IDLE CONN and BREENY’S SMILE as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.
The Judge's placings in this race were as follows:
1st KAIZEN (11)
2nd LOTHARIO (10)
3rd LITTLE RAKAIA (1)
4th FILIGREE SHEREE (8)
5th IDLE CONN (2)
6th BREENY’S SMILE (13)
The Information reads as follows:
“That horse number (1) or its driver breached the provisions of Rule 870 (5) in that LITTLE RAKAIA was lapped on by FILIGREE SHEREE, IDLE CONN and BREENY’S SMILE when in a break over the finishing line.”
Mr O’Reilly had endorsed on the information form and signed “I do not contest the relegation of LITTLE RAKAIA.”
Rule 870 (5) provides as follows:
”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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the final stages of the race. He pointed out LITTLE RAKAIA driven by Mr O ‘Reilly, when in contention, go into a break 2 to 3 strides prior to the post and continue in a break until the winning post. Mr Ydgren submitted that LITTLE RAKAIA was clearly lapped on by the 4th placed FILIGREE SHEREE, 5th placed IDLE CONN and BREENY’S SMILE when crossing the finish line. The margins between 3rd and 6th were a neck, ½ head and ½ length.
Mr Ydgren submitted that the Stewards were seeking relegation of LITTLE RAKAIA to behind the 6th placed BREENY’S SMILE.
reasonsfordecision:
The Committee was satisfied that LITTLE RAKAIA was in breach of Rule 870 (5). It was clear that LITTLE RAKAIA had broken 2-3 strides before the post, continued on in a break until the finish and was lapped on by the 4th placed FILIGREE SHEREE, 5th placed IDLE CONN and 6th placed BREENY’S SMILE. It was appropriate the protest be upheld and that the horse be relegated.
Decision:
The protest was upheld and LITTLE RAKAIA was relegated to 6th place behind FILIGREE SHEREE, IDLE CONN and BREENY’S SMILE.
Consequent upon the relegation, the amended result for the race is as follows:
1st KAIZEN (11)
2nd LOTHARIO (10)
3rd FILIGREE SHEREE (8)
4th IDLE CONN (2)
5th BREENY’S SMILE (13)
6th LITTLE RAKAIA (1)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (5) (Instigating a Protest)
Informant: Mr N Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr G O'Reilly-Open Horseman
StipendSteward:
raceid: 6ab428779d385ecb5a5d866d9925e9a9
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: 127c43a095b160d730aa0eebb59382b5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/10/2013
meet_title: Timaru HRC - 13 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Timaru HRC