Oamaru HRC 23 May 2010 - R 3 (instigating a protest)
870(5)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Ms Williams, - stipendiary steward
Defendant: Mr T Chmiel
Information No: 14087 (instigating a protest)
Meeting: Oamaru Harness Racing Club
Date: 23 May 2010
Venue: Oamaru Raceway
Race: 3
Rule No: 870(5)
Judicial Committee: Geoff Hall, Chairman – J Eagles, Committee Member
Plea: N/A
Also Present: Mr S Renault, stipendiary steward
CHARGES:
This was a protest by Ms Williams against horse number 4, D’AMORE’S FIRST on the ground that the horse was lapped on by horse number 18, NEVER BEEN EASY, when it galloped across the finishing line.
FACTS: Judges placings were: 16, 4, 18, 10, 20, 19. Margins were 1 1/4 L, a nose, 1 1/4 L.
Ms Williams had Mr Renault demonstrate on two video angles that some 30 metres before the finish D’AMORE’S FIRST, which had been leading, broke free of interference and galloped across the line.
Mr Chmiel the driver of D’AMORE’S FIRST, indicated on the information that he represented the connections and did not contest that D’AMORE’S FIRST should be relegated to behind NEVER BEEN EASY.
REASON(s):
We have viewed the incident on both video angles and are satisfied D’AMORE’S FIRST broke free of interference and galloped across the line. NEVER BEEN EASY was lapped on to D’AMORE’S FIRST at the time. There was a clear length between D’AMORE’S FIRST and COSMIC DREAM, which finished 4th.
DECISION:
Rule 870(5) is clear. If the horse was lapped on when it galloped across the line it shall be relegated to behind any horse that is lapped on. D’AMORE’S FIRST was lapped on by NEVER BEEN EASY. It is therefore relegated to behind that horse.
Amended placings are: 16, 18, 4, 10, 20, 19.
G Hall J Eagles
CHAIR Committee Member
14087
