Archive Decision

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Invercargill HRC 20 September 2015 – R 7 (instigating a protest) – Chair, Mr N Skelt

ID: JCA11114

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mr A S Malcolmson - Driver of MUM BEAT LYALL

Information Number:
A1429

Hearing Type:
Protest

Rules:
870(4)(a)

Meet Title:
Invercargill HRC - 20 September 2015

Meet Chair:
NSkelt

Race Date:
2015/09/20

Race Number:
R 7

Decision:

Mum Beat Lyall is relegated from fourth placing under the provisions of Rule 870 (4) (A) and the breaking horse regulations.

The official placings are now:

1st Pyramid Magic
2nd Dream Big
3rd Easy Moment
4th Anothersuperstar
5th Mum Beat Lyall

Stakes and dividends are to be paid accordingly.

Facts:

Following the running of Race 7 the Invercargill Workouts Committee Handicap Trot the stewards lodged a protest information under rule 870 (4) (A) alleging the fourth placed horse by the judge (Mum Beat Lyall) broke over the final stages and was lapped on by Another superstar.

Mr Malcolmson did not contest the protest rule 870 (4) (A) and was not present at the hearing.

Rule 870 (4)(a) reads:

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 imposed pursuant to r 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 be gained.

The breaking horse regulations provide in part:

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:

(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 official placings were:

1st Pyramid Magic (13) (M Williamson)
2nd Dream Big 93) (A Milne)
3rd Easy Moment (2) (B Barclay)
4th Mum Beat Lyall (4) (A Malcolmson)
5th Anothersuperstar (13) (C Barron)

Margins: 1 ¾ L ½ NK 2L ½ L

Submissions for Decision:

Mr McIntyre stated that Mum Beat Lyall had broken over the final stages within 50 metres from the finish and had been lapped on by Anothersuperstar.

The driver A Malcolmson made every attempt to get Mum Beat Lyall back to its correct gait. The horse was in breach of the rule by failing to promptly regain its correct gait and also being lapped on. Mr Allison was seeking the relegation of Mum Beat Lyall from its fourth placing to fifth placing.

Reasons for Decision:

The committee is satisfied that Mum Beat Lyall broke from its gait over the final stages and was lapped on by Anothersuperstar and was in breach of the rules.

JCA Decision Fields (raw)

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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: 168b9590d05574b7ee892b67272af1e2


informantnumber: A1429


horsename: MUM BEAT LYALL


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 22/09/2015


hearing_title: Invercargill HRC 20 September 2015 - R 7 (instigating a protest) - Chair, Mr N Skelt


charge:


facts:

Following the running of Race 7 the Invercargill Workouts Committee Handicap Trot the stewards lodged a protest information under rule 870 (4) (A) alleging the fourth placed horse by the judge (Mum Beat Lyall) broke over the final stages and was lapped on by Another superstar.

Mr Malcolmson did not contest the protest rule 870 (4) (A) and was not present at the hearing.

Rule 870 (4)(a) reads:

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 imposed pursuant to r 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 be gained.

The breaking horse regulations provide in part:

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:

(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 official placings were:

1st Pyramid Magic (13) (M Williamson)
2nd Dream Big 93) (A Milne)
3rd Easy Moment (2) (B Barclay)
4th Mum Beat Lyall (4) (A Malcolmson)
5th Anothersuperstar (13) (C Barron)

Margins: 1 ¾ L ½ NK 2L ½ L


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre stated that Mum Beat Lyall had broken over the final stages within 50 metres from the finish and had been lapped on by Anothersuperstar.

The driver A Malcolmson made every attempt to get Mum Beat Lyall back to its correct gait. The horse was in breach of the rule by failing to promptly regain its correct gait and also being lapped on. Mr Allison was seeking the relegation of Mum Beat Lyall from its fourth placing to fifth placing.


reasonsfordecision:

The committee is satisfied that Mum Beat Lyall broke from its gait over the final stages and was lapped on by Anothersuperstar and was in breach of the rules.


Decision:

Mum Beat Lyall is relegated from fourth placing under the provisions of Rule 870 (4) (A) and the breaking horse regulations.

The official placings are now:

1st Pyramid Magic
2nd Dream Big
3rd Easy Moment
4th Anothersuperstar
5th Mum Beat Lyall

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(4)(a)


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr N McIntyre - Co-Chief Stipendiary Steward


Respondent: Mr A S Malcolmson - Driver of MUM BEAT LYALL


StipendSteward:


raceid: 82fbf9e4de6733317ee47121f8cf3c9c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 30b8955428a9884e6f1e3312bf11df63


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/09/2015


meet_title: Invercargill HRC - 20 September 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: none


meet_pm2: none


name: Invercargill HRC