NZ Metropolitan TC 13 June 2021 – R 6 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA10993
Meet Title:
NZ Metro TC - 13 June 2021
Meet Chair:
RMcKenzie
Race Date:
2021-06-13 00:00:00.0000000
Race Number:
R6
Decision:
The protest was upheld and YURI was disqualified.
Consequent upon the relegation, the amended result for the race is as follows:
1st - 6 Rogie Falls
2nd - 3 Sinnivue Phileah
3rd - 4 Sally Lindenny
4th - 1 Michelle
5th - 8 Tolkien
It was ordered that Stake monies be paid in accordance with that amended result.
Facts:
Following the running of Race 6, Faulks Investment (Junior Drivers) Mobile Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against YURI (KT Newman), placed 5th by the judge, on the ground that it “broke in excess of 50 metres in the final 200 metres of the Race”.
Stable representative, Mr Walker, had signed the Statement by the Respondent on the Information form indicating that he did not contest the protest and that he 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:
(b) Any horse which breaks from its gait in 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 judge’s official placing were:
1st - 6 Rogie Falls
2nd - 3 Sinnivue Phileah
3rd - 4 Sally Lindenny
4th - 1 Michelle
5th - 9 Yuri
Submissions for Decision:
Mr Williams showed a video replay of the final 200 metres of the Race. He pointed out YURI, driven by Mr Newman, when leading, go into a break adjacent to the yellow track marker, which is 100 metres from the finish, he said. The horse continued on in a gallop from that point to the finishing line.
The horse finished in 5th placing for which there was a Stake payable, and Mr Williams sought disqualification of YURI.
Reasons for Decision:
The Committee was clearly satisfied, from viewing the video replay, that YURI had broken from its gait, free of interference, inside the final 200 metres of the Race and had continued on in the break for a distance of approximately 100 metres to the finishing line. It had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.
The Committee also noted that Mr Walker, the Stable Representative, did not contest the protest.
Decision Date: 14/06/2021
Publish Date: 14/06/2021
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: 1848d41530cf3955deaec89a5fcd5e39
informantnumber: A13665
horsename: YURI
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 14/06/2021
hearing_title: NZ Metropolitan TC 13 June 2021 - R 6 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, Faulks Investment (Junior Drivers) Mobile Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr P Williams, against YURI (KT Newman), placed 5th by the judge, on the ground that it “broke in excess of 50 metres in the final 200 metres of the Race”.
Stable representative, Mr Walker, had signed the Statement by the Respondent on the Information form indicating that he did not contest the protest and that he 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:
(b) Any horse which breaks from its gait in 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 judge’s official placing were:
1st - 6 Rogie Falls
2nd - 3 Sinnivue Phileah
3rd - 4 Sally Lindenny
4th - 1 Michelle
5th - 9 Yuri
appealdecision:
isappeal:
submissionsfordecision:
Mr Williams showed a video replay of the final 200 metres of the Race. He pointed out YURI, driven by Mr Newman, when leading, go into a break adjacent to the yellow track marker, which is 100 metres from the finish, he said. The horse continued on in a gallop from that point to the finishing line.
The horse finished in 5th placing for which there was a Stake payable, and Mr Williams sought disqualification of YURI.
reasonsfordecision:
The Committee was clearly satisfied, from viewing the video replay, that YURI had broken from its gait, free of interference, inside the final 200 metres of the Race and had continued on in the break for a distance of approximately 100 metres to the finishing line. It had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.
The Committee also noted that Mr Walker, the Stable Representative, did not contest the protest.
Decision:
The protest was upheld and YURI was disqualified.
Consequent upon the relegation, the amended result for the race is as follows:
1st - 6 Rogie Falls
2nd - 3 Sinnivue Phileah
3rd - 4 Sally Lindenny
4th - 1 Michelle
5th - 8 Tolkien
It was ordered that Stake monies be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)& Breaking Horses Regulation
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr KT Newman - Licensed Junior Driver
StipendSteward:
raceid: e570389770497b656bc088dcaa407f21
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1d835af1077d30c15bc2ec7d760cdc65
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/06/2021
meet_title: NZ Metro TC - 13 June 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC