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Nelson HRC 8 January 2021 - R 10 (instigating a protest) - Chair, Mr S Ching

Created on 10 January 2021

Rules:
870(5)
Committee:
SChing (chair)
LYong
Respondent(s):
Mr S Smolenksi - Licensed Trainer
Informant:
Mr J Muirhead - Senior Stipendiary Steward
Information Number:
A12666
Horse Name:
I DREAM OF JEANNIE
Persons present:
Evidence:

Following the running of Race 10, the Tommy Behrns Handicap Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr J Muirhead, against I DREAM OF JEANNIE, driven by Mr T Williams, placed 4th by the judge, in that I DREAM OF JEANNIE, broke in the final stages and was lapped on by 5th placed MADELEINE STOWE as the horses passed the post, which is in breach of Rule 870 (5).

Mr Smolenski informed the Committee that he did not contest the protest and requested that he not attend the hearing as he had other runners to care for. Mr Smolenskis’ request was granted.

The Judges placings in this race were as follows.
1st - VALLEY STAR (10)
2nd - EASY PICKINGS (8)
3rd - MIKEMARO (1)
4th - I DREAM OF JEANNIE (2)
5th - MADELEINE STOWE (9)
6th - GLOBE TREKKER (7)

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 Muirhead showed a video replay of the final stages of the Race. He pointed out I DREAM OF JEANNIE, driven by Mr T Williams, when in a challenging position, break from its correct gait just prior to the line and continue on in a break until the finish line, eventually finishing in 4th place. Mr Muirhead stated that the margin between 4th and 5th was ¾ of a length. He submitted that the films showed that I DREAM OF JEANNIE was not in the correct gait when the horses nose reached the finish line and was lapped on by the 5th placed MADELEINE STOWE when crossing the finish line.

Mr Muirhead submitted that the Stewards were seeking relegation of I DREAM OF JEANNIE to behind the 5th placed, MADELEINE STOWE.

Reasons For Decision:

After considering the evidence presented and reviewing the available films, the Committee was satisfied that I DREAM OF JEANNIE was not in its correct gait as the horse’s nose reached the finish line. We found that I DREAM OF JEANNIE broke and went into a gallop just short of the line and therefore, was in breach of Rule 870(5). We were also satisfied that I DREAM OF JEANNIE was lapped on by the 5th placed MADELEINE STOWE. It was appropriate the protest be upheld, and I DREAM OF JEANNIE be relegated to 5th place.

Decision:

The protest was upheld with I DREAM OF JEANNIE relegated to 5th place behind MADELEINE STOWE.

Consequent upon the relegation, the amended result for the race is as follows:
1st - VALLEY STAR (10)
2nd - EASY PICKINGS (8)
3rd - MIKEMARO (1)
4th - MADELEINE STOWE (9)
5th - I DREAM OF JEANNIE (2)
6th - GLOBE TREKKER (7)

It was ordered that dividends and stakes be paid in accordance with that amended result.

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