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Ashburton TC 6 June 2011 – R 3 (Instigating a Protest)

ID: JCA11276

Applicant:
Mr N. M. Ydgren - Stipendiary Steward

Respondent(s):
Mr J. Prentice - Junior Horseman, Mr C. J. De Filippi - Open Horseman

Information Number:
13911

Hearing Type:
Protest

Rules:
870(3) and Breaking Horses Regulation

Decision:

The protest was upheld, and “Maori Invasion” was disqualified from 2nd place. The amended places are as follows.
1st – Here Comes Pat (11)
2nd – Hu Keas (8)
3rd – Dragon Man (3)
4th – Spencer Gore (4)
5th – Golden Bomber (1)
6th – Perdition (6)
Note: This decision should be read in conjunction with the Protest decisions in relation to “Hu Keas” (8) [Information 13814], and “Spencer Gore” (4) [Information 13912].

Facts:

Following the running of Race 3, the 100% Stewart & Holland Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren against the placing of “Maori Invasion” (9), which finished 2nd. It was alleged that this horse was in a break for a distance in excess of 50 metres during the final 200 metres of this race, which was in breach of Rule 870(3) and the Breaking Horses Regulation.
The Judge’s official placings in this race were as follows.
1st – Here Comes Pat (11)
2nd – Maori Invasion (9)
3rd – Hu Keas (8)
4th – Dragon Man (3)
5th – Spencer Gore (4)
6th – Golden Bomber (1)
The Information reads as follows.
“This is a protest against horse number (9) placed 2nd by the Judge on the grounds of breaking from its gait (Rule 870(3) Breaking Horses Regulation – Maori Invasion broke over the concluding stages.”
Rule 870(3) provides as follows.
“(3) Any Horse which breaks from its gait shall promptly regain its proper gait.”
Clause (b) of the “Breaking Horses” Regulations provides as follows.
“(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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.”
Mr J. Prentice, a Junior Horseman and the driver of “Maori Invasion”, attended this hearing and he was assisted by Open Horseman Mr C. J. De Filippi. They advised that this protest was not contested.

Submissions for Decision:

Video coverage of this incident was shown to illustrate that with more than 50 metres to run in the home straight “Maori Invasion” broke from its correct gait, and was still in a break when it reached the finishing line.
Mr Ydgren made submissions that “Maori Invasion” should be disqualified.

Reasons for Decision:

We were satisfied that this protest was not contested and that “Maori Invasion” should be disqualified from its 2nd placing under the provisions of Rule 1003(2).

Decision Date: 25/05/2011

Publish Date: 25/05/2011

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: 13eedbcfbef320c76fa689595bdb3877

informantnumber: 13911

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 25/05/2011

hearing_title: Ashburton TC 6 June 2011 - R 3 (Instigating a Protest)

charge:

facts:

Following the running of Race 3, the 100% Stewart & Holland Handicap Trot, an Information Instigating a Protest was filed by Stipendiary Steward Mr N. M. Ydgren against the placing of “Maori Invasion” (9), which finished 2nd. It was alleged that this horse was in a break for a distance in excess of 50 metres during the final 200 metres of this race, which was in breach of Rule 870(3) and the Breaking Horses Regulation.
The Judge’s official placings in this race were as follows.
1st – Here Comes Pat (11)
2nd – Maori Invasion (9)
3rd – Hu Keas (8)
4th – Dragon Man (3)
5th – Spencer Gore (4)
6th – Golden Bomber (1)
The Information reads as follows.
“This is a protest against horse number (9) placed 2nd by the Judge on the grounds of breaking from its gait (Rule 870(3) Breaking Horses Regulation – Maori Invasion broke over the concluding stages.”
Rule 870(3) provides as follows.
“(3) Any Horse which breaks from its gait shall promptly regain its proper gait.”
Clause (b) of the “Breaking Horses” Regulations provides as follows.
“(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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.”
Mr J. Prentice, a Junior Horseman and the driver of “Maori Invasion”, attended this hearing and he was assisted by Open Horseman Mr C. J. De Filippi. They advised that this protest was not contested.

appealdecision:

isappeal:

submissionsfordecision:

Video coverage of this incident was shown to illustrate that with more than 50 metres to run in the home straight “Maori Invasion” broke from its correct gait, and was still in a break when it reached the finishing line.
Mr Ydgren made submissions that “Maori Invasion” should be disqualified.

reasonsfordecision:

We were satisfied that this protest was not contested and that “Maori Invasion” should be disqualified from its 2nd placing under the provisions of Rule 1003(2).

Decision:

The protest was upheld, and “Maori Invasion” was disqualified from 2nd place. The amended places are as follows.
1st – Here Comes Pat (11)
2nd – Hu Keas (8)
3rd – Dragon Man (3)
4th – Spencer Gore (4)
5th – Golden Bomber (1)
6th – Perdition (6)
Note: This decision should be read in conjunction with the Protest decisions in relation to “Hu Keas” (8) [Information 13814], and “Spencer Gore” (4) [Information 13912].

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 870(3) and Breaking Horses Regulation

Informant: Mr N. M. Ydgren - Stipendiary Steward

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Respondent: Mr J. Prentice - Junior Horseman, Mr C. J. De Filippi - Open Horseman

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