Kaikoura TC 3 November 2014 – R 7 (instigating a protest)
ID: JCA10673
Meet Title:
Kaikoura TC - 3 November 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/11/03
Race Number:
R7
Decision:
The protest was upheld and MASTER LAVROS was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st SHEEMON (1)
2nd DONALDSON (4)
3rd IRISH WHISPER (8)
4th UNCAS (9)
5th LOTALOV (7)
6th VULCAN (6)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 7, the Calvglass Imports Limited Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against MASTER LAVROS, driven by Mr M Jones, placed 4th by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judge's official placings in this race were as follows.
1st SHEEMON (1)
2nd DONALDSON (4)
3rd IRISH WHISPER (8)
4th MASTER LAVROS (5)
5th UNCAS (9)
6th LOTALOV (7)
Mr M Jones, trainer and driver of MASTER LAVROS, had endorsed on the information form and signed, as agent, “I do not contest disqualification.” Mr Jones had also indicated to the Stewards that he did not want to be present for the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who brakes from its gait shall promptly regain its proper gait."
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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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).
Submissions for Decision:
Mr Ydgren showed a video replay of the last 200m of the race. He pointed out MASTER LAVROS, inside the 200m when in contention, go into a break near the 65m and continue on in a break until the winning post finishing in 4th place. Mr Ydgren submitted that MASTER LAVROS had been in a break for at least 65 metres in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of MASTER LAVROS.
Reasons for Decision:
The Committee was satisfied that MASTER LAVROS was in breach of Rule 870(3) and the Breaking Horses Regulations by galloping in excess of 50m inside the final 200m of the race. It was appropriate the protest be upheld and the horse be disqualified.
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: 0fac583ca2ec4955f097b4f8d257a0c6
informantnumber: A6170
horsename: MASTER LAVROS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/11/2014
hearing_title: Kaikoura TC 3 November 2014 - R 7 (instigating a protest)
charge:
facts:
Following the running of Race 7, the Calvglass Imports Limited Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against MASTER LAVROS, driven by Mr M Jones, placed 4th by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judge's official placings in this race were as follows.
1st SHEEMON (1)
2nd DONALDSON (4)
3rd IRISH WHISPER (8)
4th MASTER LAVROS (5)
5th UNCAS (9)
6th LOTALOV (7)
Mr M Jones, trainer and driver of MASTER LAVROS, had endorsed on the information form and signed, as agent, “I do not contest disqualification.” Mr Jones had also indicated to the Stewards that he did not want to be present for the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who brakes from its gait shall promptly regain its proper gait."
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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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).
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the last 200m of the race. He pointed out MASTER LAVROS, inside the 200m when in contention, go into a break near the 65m and continue on in a break until the winning post finishing in 4th place. Mr Ydgren submitted that MASTER LAVROS had been in a break for at least 65 metres in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of MASTER LAVROS.
reasonsfordecision:
The Committee was satisfied that MASTER LAVROS was in breach of Rule 870(3) and the Breaking Horses Regulations by galloping in excess of 50m inside the final 200m of the race. It was appropriate the protest be upheld and the horse be disqualified.
Decision:
The protest was upheld and MASTER LAVROS was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st SHEEMON (1)
2nd DONALDSON (4)
3rd IRISH WHISPER (8)
4th UNCAS (9)
5th LOTALOV (7)
6th VULCAN (6)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (3) (Instigating a Protest) and Breaking Horses Regulations
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: M Jones-Public Trainer & Open Horseman
StipendSteward:
raceid: 25d5a6fb34e02332f02462dfdc1799f1
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: 509cd2758ff045c0a9a0caf8636859dc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/11/2014
meet_title: Kaikoura TC - 3 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Kaikoura TC