Westport TC 28 December 2013 – R5 (instigating a protest)
ID: JCA15468
Meet Title:
Westport TC - 28 December 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/12/28
Race Number:
R5
Decision:
The protest was upheld and BEACON HILL was relegated to 5th place behind SMART CAESAR and AMERICAN CHOPPER.
Consequent upon the relegation, the amended result for the race is as follows:
1st - THAT’S HUNTING PINK (13)
2nd - ONCEWERECHRISTIANS (1)
3rd - SMART CAESAR (8)
4th - AMERICAN CHOPPER (11)
5th - BEACON HILL (6)
6th - CHEYENNE WARRIOR (14)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 5, the Dulux Colours of New Zealand Mobile Pace an Information instigating a protest was filed by Stipendiary Steward, Mr R Quirk, against BEACON HILL (M Pash), placed 3rd by the judge, in that BEACON HILL broke in the final stages and was lapped on by SMART CAESAR and AMERICAN CHOPPER as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.
The Judges placings in this race were as follows.
1st - THAT’S HUNTING PINK (13)
2nd - ONCEWERECHRISTIANS (1)
3rd - BEACON HILL (6)
4th - SMART CAESAR (8)
5th - AMERICAN CHOPPER (11)
6th - CHEYENNE WARRIOR (14)
The Information reads as follows:
“That horse number 6 or its driver breached the provisions of Rule 870 (5) in that BEACON HILL galloped over the line and was lapped on by No’s 8 and 11 (SMART CAESAR and AMERICAN CHOPPER).”
Mr Pash had endorsed on the information form and signed “I do not contest the protest.”
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 Rule869(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”
Submissions for Decision:
Mr Quirk showed a video replay of the final stages of the race. He pointed out BEACON HILL driven by Mr Pash, when in contention, go into a break approximately 30 metres prior to the post and continue in a break until the winning post. Mr Quirk submitted that BEACON HILL was clearly lapped on by the 4th placed SMART CAESAR and 5th placed AMERICAN CHOPPER when crossing the finish line. The official margins between 3rd and 5h were ¾ length and a neck. Mr Quirk also produced the photo finish which he said confirmed that BEACON HILL was lapped on by both SMART CAESAR and AMERICAN CHOPPER.
Mr Quirk submitted that the Stewards were seeking relegation of BEACON HILL to behind the 5th placed AMERICAN CHOPPER.
Reasons for Decision:
The Committee was satisfied that BEACON HILL was in breach of Rule 870 (5). It was clear that BEACON HILL had broken approximately 30m before the post, continued on in a break until the finish and was lapped on by the 4th placed SMART CAESAR and 5th placed AMERICAN CHOPPER. 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: 970aa652eecdb60b9c7a3b12c142c343
informantnumber: A1136
horsename: BEACON HILL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 17/12/2013
hearing_title: Westport TC 28 December 2013 - R5 (instigating a protest)
charge:
facts:
Following the running of Race 5, the Dulux Colours of New Zealand Mobile Pace an Information instigating a protest was filed by Stipendiary Steward, Mr R Quirk, against BEACON HILL (M Pash), placed 3rd by the judge, in that BEACON HILL broke in the final stages and was lapped on by SMART CAESAR and AMERICAN CHOPPER as the horses passed the post which is in breach of Rule 870 (5) and the Breaking Horses Regulations.
The Judges placings in this race were as follows.
1st - THAT’S HUNTING PINK (13)
2nd - ONCEWERECHRISTIANS (1)
3rd - BEACON HILL (6)
4th - SMART CAESAR (8)
5th - AMERICAN CHOPPER (11)
6th - CHEYENNE WARRIOR (14)
The Information reads as follows:
“That horse number 6 or its driver breached the provisions of Rule 870 (5) in that BEACON HILL galloped over the line and was lapped on by No’s 8 and 11 (SMART CAESAR and AMERICAN CHOPPER).”
Mr Pash had endorsed on the information form and signed “I do not contest the protest.”
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 Rule869(8) such relegation of the horse shall be at the discretion of the Judicial Committee.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Quirk showed a video replay of the final stages of the race. He pointed out BEACON HILL driven by Mr Pash, when in contention, go into a break approximately 30 metres prior to the post and continue in a break until the winning post. Mr Quirk submitted that BEACON HILL was clearly lapped on by the 4th placed SMART CAESAR and 5th placed AMERICAN CHOPPER when crossing the finish line. The official margins between 3rd and 5h were ¾ length and a neck. Mr Quirk also produced the photo finish which he said confirmed that BEACON HILL was lapped on by both SMART CAESAR and AMERICAN CHOPPER.
Mr Quirk submitted that the Stewards were seeking relegation of BEACON HILL to behind the 5th placed AMERICAN CHOPPER.
reasonsfordecision:
The Committee was satisfied that BEACON HILL was in breach of Rule 870 (5). It was clear that BEACON HILL had broken approximately 30m before the post, continued on in a break until the finish and was lapped on by the 4th placed SMART CAESAR and 5th placed AMERICAN CHOPPER. It was appropriate the protest be upheld and that the horse be relegated.
Decision:
The protest was upheld and BEACON HILL was relegated to 5th place behind SMART CAESAR and AMERICAN CHOPPER.
Consequent upon the relegation, the amended result for the race is as follows:
1st - THAT’S HUNTING PINK (13)
2nd - ONCEWERECHRISTIANS (1)
3rd - SMART CAESAR (8)
4th - AMERICAN CHOPPER (11)
5th - BEACON HILL (6)
6th - CHEYENNE WARRIOR (14)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (5) and the Breaking Horses Regulations
Informant: R Quirk-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: M Pash-Open Horseman
StipendSteward:
raceid: 79b8485ca3be6e3c0fc2a0bd143a964c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ab55e2d2a291d666ad11dbe284fc7cc8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2013
meet_title: Westport TC - 28 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Westport TC