NZ Metro TC 31 July 2015 – R 9 (instigating a protest) – Chair, Mr S Ching
ID: JCA11259
Meet Title:
NZ Metro TC - 31 July 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/07/31
Race Number:
R8
Decision:
The protest was upheld and THE EARTH MOVED was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st TESSA’S ROCKET (9)
2nd UNYIELDING SPIRIT (8)
3rd CUDDLY JESS (1)
4th INSIGNIFICANT (6)
5th CHIVASION (2)
6th MONKEY LUCK (3)
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 9, the Hynds-Golden Girls Series (Final) Mobile Trot, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N McIntyre, against THE EARTH MOVED, driven by Mr C D Thornley, 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 TESSA’S ROCKET (9)
2nd UNYIELDING SPIRIT (8)
3rd CUDDLY JESS (1)
4th THE EARTH MOVED (5)
5th INSIGNIFICANT (6)
6th CHIVASION (2)
Public Trainer of THE EARTH MOVED, Mr N Edge, advised the Committee via mobile phone, that the protest was not contested.
Rule 870(3) provides as follows:
“(3) Any horse who breaks 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 McIntyre showed a video replay of the last 200m of the race. He pointed out THE EARTH MOVED who was in contention inside the 100m, go into a break near the 60m and continue on in a break for the remainder of the race. Mr McIntyre stated it was clear on the video replay that THE EARTH MOVED was in a break in excess of 50m.
Mr McIntyre submitted that the Stewards were seeking disqualification of THE EARTH MOVED.
Reasons for Decision:
The Committee was satisfied that THE EARTH MOVED 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: 230026e09c0c856c7691ad29c7a38a1a
informantnumber: A7704
horsename: THE EARTH MOVED
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 07/08/2015
hearing_title: NZ Metro TC 31 July 2015 - R 9 (instigating a protest) - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the Hynds-Golden Girls Series (Final) Mobile Trot, an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N McIntyre, against THE EARTH MOVED, driven by Mr C D Thornley, 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 TESSA’S ROCKET (9)
2nd UNYIELDING SPIRIT (8)
3rd CUDDLY JESS (1)
4th THE EARTH MOVED (5)
5th INSIGNIFICANT (6)
6th CHIVASION (2)
Public Trainer of THE EARTH MOVED, Mr N Edge, advised the Committee via mobile phone, that the protest was not contested.
Rule 870(3) provides as follows:
“(3) Any horse who breaks 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 McIntyre showed a video replay of the last 200m of the race. He pointed out THE EARTH MOVED who was in contention inside the 100m, go into a break near the 60m and continue on in a break for the remainder of the race. Mr McIntyre stated it was clear on the video replay that THE EARTH MOVED was in a break in excess of 50m.
Mr McIntyre submitted that the Stewards were seeking disqualification of THE EARTH MOVED.
reasonsfordecision:
The Committee was satisfied that THE EARTH MOVED 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 THE EARTH MOVED was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st TESSA’S ROCKET (9)
2nd UNYIELDING SPIRIT (8)
3rd CUDDLY JESS (1)
4th INSIGNIFICANT (6)
5th CHIVASION (2)
6th MONKEY LUCK (3)
It was ordered that 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 McIntyre- Co Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: N Edge-Public Trainer
StipendSteward:
raceid: aae15973faea445ef062e60ed36428b6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9767cd5b3d47c5585ff3f87cd9cdf9b2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/07/2015
meet_title: NZ Metro TC - 31 July 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC