Archive Decision

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Wairio TC 24 March 2018 – R 5 (instigating a protest) – Chair, Prof G Hall

ID: JCA14216

Applicant:
Mr Tidmarsh - Stipendiary Steward

Respondent(s):
Mr C Ferguson - Driver of BRIDESDALE ROBYN

Information Number:
10432

Hearing Type:
Protest

Rules:
870(5)

Meet Title:
Wairio TC - 24 March 2018

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2018/03/24

Race Number:
R 5

Decision:

The horse is to be relegated behind the lapped on horse.

The amended placings are:

1st 9 MAGNETIC WATCH
2nd 1 BRIDESDALE ROBYN
3RD 6 CAST A SHADOW
4TH 2 MY GEORGIE BOY

Dividends and stakes are to be paid accordingly.

Facts:

Mr Tidmarsh alleged that BRIDESDALE ROBYN was in a break across the finishing line and, in doing so, was lapped on by MAGNETIC WATCH.

Judge’s placings were:

1st 1 BRIDESDALE ROBYN
2nd 9 MAGNETIC WATCH
3RD 6 CAST A SHADOW
4TH 2 MY GEORGIE BOY

Margins were: ½ head; 1 L.

Rule 870(5) states:

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 r 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.

Submissions for Decision:

Mr Tidmarsh demonstrated on the videos that with some 20 metres to run BRIDESDALE ROBYN went roughly before breaking and galloping across the line. The horse was lapped on by MAGNETIC WATCH.

Mr Ferguson, who represented the connections of BRIDESDALE ROBYN, did not contest the protest and did not wish to be present at the hearing.

Reasons for Decision:

We are satisfied that BRIDESDALE ROBYN broke of her own accord and that she was not in her proper gait when she crossed the finishing line. She was lapped on by MAGNETIC WATCH. Rule 870(5) confers no discretion upon a Committee in these circumstances.

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: a88791d3463f454d1b51af93c297dce8


informantnumber: 10432


horsename: BRIDESDALE ROBYN


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 26/03/2018


hearing_title: Wairio TC 24 March 2018 - R 5 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh alleged that BRIDESDALE ROBYN was in a break across the finishing line and, in doing so, was lapped on by MAGNETIC WATCH.

Judge’s placings were:

1st 1 BRIDESDALE ROBYN
2nd 9 MAGNETIC WATCH
3RD 6 CAST A SHADOW
4TH 2 MY GEORGIE BOY

Margins were: ½ head; 1 L.

Rule 870(5) states:

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 r 869(8)) such relegation of the horse shall be at the discretion of the Judicial Committee.


appealdecision:


isappeal:


submissionsfordecision:

Mr Tidmarsh demonstrated on the videos that with some 20 metres to run BRIDESDALE ROBYN went roughly before breaking and galloping across the line. The horse was lapped on by MAGNETIC WATCH.

Mr Ferguson, who represented the connections of BRIDESDALE ROBYN, did not contest the protest and did not wish to be present at the hearing.


reasonsfordecision:

We are satisfied that BRIDESDALE ROBYN broke of her own accord and that she was not in her proper gait when she crossed the finishing line. She was lapped on by MAGNETIC WATCH. Rule 870(5) confers no discretion upon a Committee in these circumstances.


Decision:

The horse is to be relegated behind the lapped on horse.

The amended placings are:

1st 9 MAGNETIC WATCH
2nd 1 BRIDESDALE ROBYN
3RD 6 CAST A SHADOW
4TH 2 MY GEORGIE BOY

Dividends and stakes are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(5)


Informant: Mr Tidmarsh - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr C Ferguson - Driver of BRIDESDALE ROBYN


StipendSteward:


raceid: 6fbf00336c0323eaae9dc1e4f4848bae


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7ba409a72452563c4917e7c582e522aa


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/03/2018


meet_title: Wairio TC - 24 March 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wairio-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Wairio TC