Westport TC 28 December 2014 – R 2 (instigating a protest)
ID: JCA11653
Meet Title:
Westport TC - 28 December 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/12/28
Race Number:
R1
Decision:
The protest was upheld and STAR COMMANDO was relegated to 5th place behind BORDEAUX and THE PRINCE.
Consequent upon the relegation, the amended result for the race is as follows:
1st - RENEGADE FIGHTER (3)
2nd - QUEVERT (7)
3rd - BORDEAUX (2
4th - THE PRINCE (11)
5th - STAR COMMANDO (12)
6th - DIEDRE'S GOLD (14)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 2, the Mark Jones/Stu Bailey Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Wallis, against STAR COMMANDO, driven by Mr J Curtin, placed 3rd by the judge, in that STAR COMMANDO broke in the final stages and was lapped on by BORDEAUX and THE PRINCE 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 - RENEGADE FIGHTER (3)
2nd - QUEVERT (7)
3rd - STAR COMMANDO (12)
4th - BORDEAUX (2)
5th - THE PRINCE (11)
6th - DIEDRE'S GOLD (14)
Mr Curtin had endorsed on the information form and signed “I do not contest the relegation of STAR COMMANDO.”
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 Wallis showed a video replay of the final stages of the race. He pointed out STAR COMMANDO driven by Mr Curtin, when in contention, go into a break approximately 50m prior to the post and continue in a break until the winning post. Mr Wallis submitted that STAR COMMANDO was clearly lapped on by the 4th placed BORDEAUX and 5th placed THE PRINCE when crossing the finish line. The official margins between 3rd and 5th were ½ length and a nose.
Mr Wallis submitted that the Stewards were seeking relegation of STAR COMMANDO to behind the 5th placed THE PRINCE.
Reasons for Decision:
The Committee was satisfied that STAR COMMANDO was in breach of Rule 870 (5). It was clear that STAR COMMANDO had broken approximately 50m from the post, continued on in a break and not in its correct gait as it crossed the finish line. STAR COMMANDO was lapped on by the 4th placed BORDEAUX and 5th placed THE PRINCE. It was appropriate the protest be upheld and that STAR COMMANDO is relegated.
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: 228a4ec04a8e16f41994bb83cf538e03
informantnumber: A6610
horsename: STAR COMMANDO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 29/12/2014
hearing_title: Westport TC 28 December 2014 - R 2 (instigating a protest)
charge:
facts:
Following the running of Race 2, the Mark Jones/Stu Bailey Handicap Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Wallis, against STAR COMMANDO, driven by Mr J Curtin, placed 3rd by the judge, in that STAR COMMANDO broke in the final stages and was lapped on by BORDEAUX and THE PRINCE 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 - RENEGADE FIGHTER (3)
2nd - QUEVERT (7)
3rd - STAR COMMANDO (12)
4th - BORDEAUX (2)
5th - THE PRINCE (11)
6th - DIEDRE'S GOLD (14)
Mr Curtin had endorsed on the information form and signed “I do not contest the relegation of STAR COMMANDO.”
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 Wallis showed a video replay of the final stages of the race. He pointed out STAR COMMANDO driven by Mr Curtin, when in contention, go into a break approximately 50m prior to the post and continue in a break until the winning post. Mr Wallis submitted that STAR COMMANDO was clearly lapped on by the 4th placed BORDEAUX and 5th placed THE PRINCE when crossing the finish line. The official margins between 3rd and 5th were ½ length and a nose.
Mr Wallis submitted that the Stewards were seeking relegation of STAR COMMANDO to behind the 5th placed THE PRINCE.
reasonsfordecision:
The Committee was satisfied that STAR COMMANDO was in breach of Rule 870 (5). It was clear that STAR COMMANDO had broken approximately 50m from the post, continued on in a break and not in its correct gait as it crossed the finish line. STAR COMMANDO was lapped on by the 4th placed BORDEAUX and 5th placed THE PRINCE. It was appropriate the protest be upheld and that STAR COMMANDO is relegated.
Decision:
The protest was upheld and STAR COMMANDO was relegated to 5th place behind BORDEAUX and THE PRINCE.
Consequent upon the relegation, the amended result for the race is as follows:
1st - RENEGADE FIGHTER (3)
2nd - QUEVERT (7)
3rd - BORDEAUX (2
4th - THE PRINCE (11)
5th - STAR COMMANDO (12)
6th - DIEDRE'S GOLD (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) (Instigating a Protest)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: J Curtin-Open Horseman
StipendSteward:
raceid: e5f27e3a1094f9c264e5f273b055cf2e
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: 6c9fd0adbd811839935afc084a1ce445
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2014
meet_title: Westport TC - 28 December 2014
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