Auckland TC 9 August 2019 – R 10 (Instigating a Protest) – Chair, Mr G Jones
ID: JCA10546
Meet Title:
Auckland TC - 9 August 2019
Meet Chair:
GJones
Meet Committee Member 1:
ASmith
Race Date:
2019/08/09
Race Number:
R10
Decision:
The Committee upheld the protest and SUNNY PETITE was disqualified. The amended placings for the race are:
1st No 2 PEANNIE
2nd No 6 JUST RICKY
3rd No 8 HIGHLAND QUEEN
4th No 3 TE KOUKA CAVALIER
5th No 7 CHINSKI
It was ordered that stakes and dividends be paid in accordance with the amended result.
Facts:
Following the running of Race 10, the Mezze A Night of Sharing at AP 13/9 Trot (Stand) 2700m, an information instigating a protest was filed by Senior Stipendiary Steward Mr Muirhead, alleging that the 4th placed horse SUNNY PETITE broke in excess of 50 metres in the final 200 metres.
Mr Stormont the trainer and driver of SUNNY PETITE, endorsed the information “I do not contest the protest”. Mr Stormont did not wish to be present at the hearing.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(4) Any horse which breaks from its gait in any race and: -
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
The Breaking Horses Regulation provides as follows:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(a) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870 (3) in that it has failed to promptly regain its proper gait.
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or
(ii) disqualify it from the race under Rule 1003 (2).
The provisional judge’s placings were:
1st No 2 PEANNIE
2nd No 6 JUST RICKY
3rd No 8 HIGHLAND QUEEN
4th No 1 SUNNY PETITE
5th No 3 TE KOUKA CAVALIER
6th No 7 CHINSKI
Submissions for Decision:
Using available video films Mr Muirhead showed replay of the final 200 metres of the race. He identified SUNNY PETITE (J Stormont) racing in 3rd place as the field passed the 150-metre mark. Mr Muirhead pointed out that SUNNY PETITE broke and continued in a gallop free of interference for about 80 metres.
Mr Muirhead submitted that SUNNY PETITE who finished in 4th place be disqualified.
Reasons for Decision:
On the basis of the submissions and the compelling video evidence the Committee was satisfied SUNNY PETITE broke and galloped free of interference near the 150-metre mark and continued on in a gallop for a distance in excess of about 80 metres before regaining her gait and finishing in 4th place. This is clearly in breach of Rule 870 (3) and the Breaking Horses Regulation.
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: 0a820eb403b5b3bcc4baa241662a6603
informantnumber: A10739
horsename: SUNNY PETITE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/08/2019
hearing_title: Auckland TC 9 August 2019 – R 10 (Instigating a Protest) – Chair, Mr G Jones
charge:
facts:
Following the running of Race 10, the Mezze A Night of Sharing at AP 13/9 Trot (Stand) 2700m, an information instigating a protest was filed by Senior Stipendiary Steward Mr Muirhead, alleging that the 4th placed horse SUNNY PETITE broke in excess of 50 metres in the final 200 metres.
Mr Stormont the trainer and driver of SUNNY PETITE, endorsed the information “I do not contest the protest”. Mr Stormont did not wish to be present at the hearing.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(4) Any horse which breaks from its gait in any race and: -
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
The Breaking Horses Regulation provides as follows:
For the avoidance of doubt and in order to clarify the situation for all parties concerned, the following shall apply with regard to breaking horses:
(a) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870 (3) in that it has failed to promptly regain its proper gait.
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(i) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or
(ii) disqualify it from the race under Rule 1003 (2).
The provisional judge’s placings were:
1st No 2 PEANNIE
2nd No 6 JUST RICKY
3rd No 8 HIGHLAND QUEEN
4th No 1 SUNNY PETITE
5th No 3 TE KOUKA CAVALIER
6th No 7 CHINSKI
appealdecision:
isappeal:
submissionsfordecision:
Using available video films Mr Muirhead showed replay of the final 200 metres of the race. He identified SUNNY PETITE (J Stormont) racing in 3rd place as the field passed the 150-metre mark. Mr Muirhead pointed out that SUNNY PETITE broke and continued in a gallop free of interference for about 80 metres.
Mr Muirhead submitted that SUNNY PETITE who finished in 4th place be disqualified.
reasonsfordecision:
On the basis of the submissions and the compelling video evidence the Committee was satisfied SUNNY PETITE broke and galloped free of interference near the 150-metre mark and continued on in a gallop for a distance in excess of about 80 metres before regaining her gait and finishing in 4th place. This is clearly in breach of Rule 870 (3) and the Breaking Horses Regulation.
Decision:
The Committee upheld the protest and SUNNY PETITE was disqualified. The amended placings for the race are:
1st No 2 PEANNIE
2nd No 6 JUST RICKY
3rd No 8 HIGHLAND QUEEN
4th No 3 TE KOUKA CAVALIER
5th No 7 CHINSKI
It was ordered that stakes and dividends be paid in accordance with the amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(3) and Breaking Horses Regulation.
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Senior Stipendiary Steward, Mr S Mulcay - Senior Stipendiary Steward
Respondent: Mr J Stormont - Trainer and driver of SUNNY PETITE
StipendSteward:
raceid: e69e18b6e358c715eff96dcbd2db2a88
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f2718a25c3f63c97f153a5a560010754
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/08/2019
meet_title: Auckland TC - 9 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ASmith
meet_pm2: none
name: Auckland TC