HR Waikato 18 December 2014 – R 7 (instigating a protest)
ID: JCA10577
Meet Title:
Harness Racing Waikato - 18 December 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2014/12/18
Race Number:
R7
Decision:
The protest is upheld and the horse OUR SUPER RAM is disqualified from the race pursuant to Rule 1003 (2) (a).
The amended placings are:
1st CHOSEN PATH
2nd THE SCRUFF
3rd SAPHIRE CASTLETON
4th TON TINE
5th HONIKIWI DON
It was ordered that dividends and stakes be paid in accordance with the amended placings.
Facts:
Following the running of Race 7, the PETER LISSINGTON AT PGG WRIGHTSON HANDICAP TROT an Information was lodged by Stipendiary Steward Mr S Mulcay against the 4th placing of OUR SUPER RAM (Mr P Butcher) on the grounds that the horse failed to promptly regain its gait when galloping over the final 100m.
Rule 870 (4) provides: 'Any horse which breaks from its gait in any race and which fails to promptly regain its proper gait, may (in addition to any other penalty pursuant to Rule 1003 hereof ) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.'
The Breaking Horse Regulations (part B) provides: 'any horse which breaks from its gait in the final 200 metres of any race and continues on in a break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870 (4) in that it has failed to promptly regain its gait''.
The Regulation further provides 'where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either: (1) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained, or (2) disqualify it from the race under Rule 1003 (2) '.
Mr P Butcher was not present at the hearing. However he had endorsed the Information on behalf of the connections with the words 'we do not contest the protest and agree that Our Super Ram shall be disqualified'.
The Judge's placings were:
1st CHOSEN PATH
2nd THE SCRUFF
3rd SAPHIRE CASTLETON
4th OUR SUPER RAM
5th TON TINE
Submissions for Decision:
Mr Mulcay demonstrated the incident using the available films. He identified the horse OUR SUPER RAM as it approached the 100 metre mark in the final straight. The horse had been in a forward position at that time, however then rolled into a gallop and continued in a gallop to the finish.
Mr Mulcay submitted that OUR SUPER RAM should be disqualified from the race.
Reasons for Decision:
The Committee accepted the evidence of Mr Mulcay and noted from the films that the horse OUR SUPER RAM had galloped approximately 100 metres to the finish. This was a clear breach of the Rule and Regulations referred to earlier. We note that Mr Butcher did not contest this Protest and has endorsed the Information accordingly.
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: 02a77bd22686a5bf70f4835896ddf737
informantnumber: A3659
horsename: OUR SUPER RAM
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 13/12/2014
hearing_title: HR Waikato 18 December 2014 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, the PETER LISSINGTON AT PGG WRIGHTSON HANDICAP TROT an Information was lodged by Stipendiary Steward Mr S Mulcay against the 4th placing of OUR SUPER RAM (Mr P Butcher) on the grounds that the horse failed to promptly regain its gait when galloping over the final 100m.
Rule 870 (4) provides: 'Any horse which breaks from its gait in any race and which fails to promptly regain its proper gait, may (in addition to any other penalty pursuant to Rule 1003 hereof ) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.'
The Breaking Horse Regulations (part B) provides: 'any horse which breaks from its gait in the final 200 metres of any race and continues on in a break for a distance of 50 metres or greater, shall be deemed to be in breach of Rule 870 (4) in that it has failed to promptly regain its gait''.
The Regulation further provides 'where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either: (1) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained, or (2) disqualify it from the race under Rule 1003 (2) '.
Mr P Butcher was not present at the hearing. However he had endorsed the Information on behalf of the connections with the words 'we do not contest the protest and agree that Our Super Ram shall be disqualified'.
The Judge's placings were:
1st CHOSEN PATH
2nd THE SCRUFF
3rd SAPHIRE CASTLETON
4th OUR SUPER RAM
5th TON TINE
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay demonstrated the incident using the available films. He identified the horse OUR SUPER RAM as it approached the 100 metre mark in the final straight. The horse had been in a forward position at that time, however then rolled into a gallop and continued in a gallop to the finish.
Mr Mulcay submitted that OUR SUPER RAM should be disqualified from the race.
reasonsfordecision:
The Committee accepted the evidence of Mr Mulcay and noted from the films that the horse OUR SUPER RAM had galloped approximately 100 metres to the finish. This was a clear breach of the Rule and Regulations referred to earlier. We note that Mr Butcher did not contest this Protest and has endorsed the Information accordingly.
Decision:
The protest is upheld and the horse OUR SUPER RAM is disqualified from the race pursuant to Rule 1003 (2) (a).
The amended placings are:
1st CHOSEN PATH
2nd THE SCRUFF
3rd SAPHIRE CASTLETON
4th TON TINE
5th HONIKIWI DON
It was ordered that dividends and stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870 (4) and Breaking Horse Regulations
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr P Butcher, Horseman, driver of OUR SUPER RAM and representing connections of the horse
StipendSteward:
raceid: 1587044fc131dbaa0c6de1f2dc1c8e9a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 91fc068af73cadaddd5b96a0c9f91712
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/12/2014
meet_title: Harness Racing Waikato - 18 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato