Forbury Park TC 28 March 2013 – R 4 (instigating a protest)
ID: JCA10745
Meet Title:
Forbury Park TC - 28 March 2013
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2013/03/28
Race Number:
R4
Decision:
The breaking horses regulations provide:
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in the 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 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 regulation is clear we must relegate or disqualify NO POTATO as it has galloped in excess of 150 metres and is therefore deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait. As NO POTATO has gained an advantage over the field, the appropriate course of action is to disqualify the horse.
Amended placings are:
1st - 18 ARMORI
2nd - 4 FACE VALUE
3RD - 5 TRICK STAR
4TH - 15 MONTY PYTHON
5TH - 8 SURREAL MOMENT
Facts:
Mr Allison alleged that horse number 9 NO POTATO, placed 1st by the judge, broke in excess of 150 metres passing the 2300 metres.
Judges placings were:
1st - 9 NO POTATO
2nd - 18 ARMORI
3RD - 4 FACE VALUE
4TH - 5 TRICK STAR
5TH - 15 MONTY PYTHON
Submissions for Decision:
Mr Allison had Mr Davidson, stipendiary steward, demonstrate on the videos that NO POTATO broke just before the horse entered the home straight with 2 laps to run. Mr Davidson pointed out the various track markers and said in his opinion NO POTATO had galloped for 160 metres. Mr Allison confirmed that Mr Davidson’s identification, of the markers was correct and that in his opinion, although NO POTATO had clearly lost ground on the field when it broke, the distance of the break was some 160 metres. He emphasised this was a breach of the breaking horses regulations.
Mr Dunn, the driver of NO POTATO represented the connections of that horse. He confirmed that the point on the track at which the stipendiary stewards alleged NO POTATO broke was correct but he said he believed it was difficult to state with any accuracy whether the horse had galloped in excess of 150 metres. He believed it was “touch and go”, that the camera angle was misleading, and that any benefit of the doubt should be given to the horse.
Reasons for Decision:
We agree with Mr Dunn that the benefit of any doubt should go to NO POTATO. However, we disagree with Mr Dunn with respect to his assessment of the distance NO POTATO has galloped. We are satisfied that Mr Allison’s allegation that NO POTATO broke for a distance of 160 metres is accurate. While the camera angle is a difficult one, the distance NO POTATO is out of its correct gait is clearly in excess of 150 metres.
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: 12230cd8ae0e176635801c9d08465264
informantnumber: 5909
horsename: NO POTATO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2013
hearing_title: Forbury Park TC 28 March 2013 - R 4 (instigating a protest)
charge:
facts:
Mr Allison alleged that horse number 9 NO POTATO, placed 1st by the judge, broke in excess of 150 metres passing the 2300 metres.
Judges placings were:
1st - 9 NO POTATO
2nd - 18 ARMORI
3RD - 4 FACE VALUE
4TH - 5 TRICK STAR
5TH - 15 MONTY PYTHON
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison had Mr Davidson, stipendiary steward, demonstrate on the videos that NO POTATO broke just before the horse entered the home straight with 2 laps to run. Mr Davidson pointed out the various track markers and said in his opinion NO POTATO had galloped for 160 metres. Mr Allison confirmed that Mr Davidson’s identification, of the markers was correct and that in his opinion, although NO POTATO had clearly lost ground on the field when it broke, the distance of the break was some 160 metres. He emphasised this was a breach of the breaking horses regulations.
Mr Dunn, the driver of NO POTATO represented the connections of that horse. He confirmed that the point on the track at which the stipendiary stewards alleged NO POTATO broke was correct but he said he believed it was difficult to state with any accuracy whether the horse had galloped in excess of 150 metres. He believed it was “touch and go”, that the camera angle was misleading, and that any benefit of the doubt should be given to the horse.
reasonsfordecision:
We agree with Mr Dunn that the benefit of any doubt should go to NO POTATO. However, we disagree with Mr Dunn with respect to his assessment of the distance NO POTATO has galloped. We are satisfied that Mr Allison’s allegation that NO POTATO broke for a distance of 160 metres is accurate. While the camera angle is a difficult one, the distance NO POTATO is out of its correct gait is clearly in excess of 150 metres.
Decision:
The breaking horses regulations provide:
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in the 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 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 regulation is clear we must relegate or disqualify NO POTATO as it has galloped in excess of 150 metres and is therefore deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait. As NO POTATO has gained an advantage over the field, the appropriate course of action is to disqualify the horse.
Amended placings are:
1st - 18 ARMORI
2nd - 4 FACE VALUE
3RD - 5 TRICK STAR
4TH - 15 MONTY PYTHON
5TH - 8 SURREAL MOMENT
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), 1003 breaking horses regulations
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M Davidson - Stipendiary Steward
Respondent: Mr D Dunn - Open Horseman
StipendSteward:
raceid: 4f261964e8fcdd53119f2f6a97e2ea1f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5cd898461c32ca62fce371899cb76cc7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/03/2013
meet_title: Forbury Park TC - 28 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Forbury Park TC