Nelson HRC 8 January 2016 – R5 (instigating a protest) – Chair, Mr P Williams
ID: JCA10671
Meet Title:
Nelson HRC - 8 January 2016
Meet Chair:
PWilliams
Meet Committee Member 1:
TUtikere
Race Date:
2016/01/08
Race Number:
R5
Decision:
The protest is upheld and “K D Muscles” is disqualified from the race in terms of Rule 1003 (2).
The amended and now confirmed placings are:-
1st - Star Commando (4)
2nd - Soney Beatt (5)
3rd - Clifden Clowers (7)
4th - Mistress Castleton (2)
5th - Thanksforplaying (8)
The amended placings only requires the authorisation for the payment of stakes as the Committee’s decision has no impact on the dividends based on the Judge’s original placings and, based on the amended placings, that authorisation is given.
Facts:
Following the running of race 5, the “Nelson OTB/Tyre General Handicap Trot” Information A8055 instigating a protest was filed by Stipendiary Steward Mr S Wallis alleging a breach of Rule 870(3) and the Breaking Horse Regulations by “K D Muscles” which was driven by Open Horseman Mr M Edmonds. The information stated that “on the final bend K D Muscles broke in excess of 150m”.
The judge’s placings were:-
1st - Star Commando (4)
2nd - Soney Beatt (5)
3rd - Clifden Clowers (7)
4th - Mistress Castleton (2)
5th - K D Muscles (3)
6th - Thanksforplaying (8)
Rule 870(3) states:- Any horse that breaks from its gait shall promptly regain its proper gait.
Relevant clauses from the Breaking Horse Regulations state:-
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in a break for a distance of 150 metres or greater shall be deemed to be in breach of Rule 870(3) in that it has failed to properly 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) 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).
Mr Edmonds, the trainer/driver of “K D Muscles” signed the Information stating he did not contest the protest. Mr Edmonds also did not attend the hearing.
Submissions for Decision:
Stipendiary Steward Mr Wallis, using the rear view film, highlighted “K D Muscles” racing in front of the small field with approximately 500m to run. He said near the 500m mark “K D Muscles” broke from its gait and went into a gallop. Using the inside markers as a guide he said the horse galloped in excess of 150m and in failing to regain its gait promptly was in breach of the Breaking Horse Regulations.
Reasons for Decision:
The Committee has reviewed the film of the incident and agrees that “K D Muscles” galloped in excess of 150m with approximately 500m to and has breached the provisions of Rule 870(3) and the Breaking Horse Regulations.
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: 0f81bb14807503ba10af0d4a5a351c51
informantnumber: A8055
horsename: K D MUSCLES
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/01/2016
hearing_title: Nelson HRC 8 January 2016 - R5 (instigating a protest) - Chair, Mr P Williams
charge:
facts:
Following the running of race 5, the “Nelson OTB/Tyre General Handicap Trot” Information A8055 instigating a protest was filed by Stipendiary Steward Mr S Wallis alleging a breach of Rule 870(3) and the Breaking Horse Regulations by “K D Muscles” which was driven by Open Horseman Mr M Edmonds. The information stated that “on the final bend K D Muscles broke in excess of 150m”.
The judge’s placings were:-
1st - Star Commando (4)
2nd - Soney Beatt (5)
3rd - Clifden Clowers (7)
4th - Mistress Castleton (2)
5th - K D Muscles (3)
6th - Thanksforplaying (8)
Rule 870(3) states:- Any horse that breaks from its gait shall promptly regain its proper gait.
Relevant clauses from the Breaking Horse Regulations state:-
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in a break for a distance of 150 metres or greater shall be deemed to be in breach of Rule 870(3) in that it has failed to properly 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) 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).
Mr Edmonds, the trainer/driver of “K D Muscles” signed the Information stating he did not contest the protest. Mr Edmonds also did not attend the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr Wallis, using the rear view film, highlighted “K D Muscles” racing in front of the small field with approximately 500m to run. He said near the 500m mark “K D Muscles” broke from its gait and went into a gallop. Using the inside markers as a guide he said the horse galloped in excess of 150m and in failing to regain its gait promptly was in breach of the Breaking Horse Regulations.
reasonsfordecision:
The Committee has reviewed the film of the incident and agrees that “K D Muscles” galloped in excess of 150m with approximately 500m to and has breached the provisions of Rule 870(3) and the Breaking Horse Regulations.
Decision:
The protest is upheld and “K D Muscles” is disqualified from the race in terms of Rule 1003 (2).
The amended and now confirmed placings are:-
1st - Star Commando (4)
2nd - Soney Beatt (5)
3rd - Clifden Clowers (7)
4th - Mistress Castleton (2)
5th - Thanksforplaying (8)
The amended placings only requires the authorisation for the payment of stakes as the Committee’s decision has no impact on the dividends based on the Judge’s original placings and, based on the amended placings, that authorisation is given.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and Breaking Horse Regulations
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr M Edmonds - Open Horseman
StipendSteward:
raceid: e7c3df96d6d6f5dfe767f23d9c61eac3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fd4081ca28820df15f7d267bd9a35ba8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/01/2016
meet_title: Nelson HRC - 8 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TUtikere
meet_pm2: none
name: Nelson HRC