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

ID: JCA11346

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr B Hutton

Information Number:
13814

Hearing Type:
Protest

Rules:
870 (3) & Breaking Horses Regulation

Meet Title:
Ashburton TC - 6 June 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2011/06/06

Race Number:
R3

Decision:

The protest was upheld, and “Hu Keas” was disqualified from 2nd place. The amended places are as follows.
1st – Here Comes Pat (11)
2nd – Dragon Man (3)
3rd – Spencer Gore (4)
4th – Golden Bomber (1)
5th – Perdition (6)
6th – Quartet (5)
Note: This decision should be read in conjunction with the Protest decisions in relation to “Maori Invasion” (9) [Information 13911], 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 “Hu Keas” (8), which was promoted to 2nd place at a previous protest hearing. 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 (amended) placings in this race were 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)

The Information reads as follows.
“This is a protest against horse number (8) placed [2nd] by the Judge on the grounds of breaking from its gait (Rule 870(3) Breaking Horses Regulation – Hu Keas 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 B. C. Hutton, the trainer and part owner of “Hu Keas” did not attend this hearing, but he had endorsed on the Information – “The connections don’t contest the protest.”

Submissions for Decision:

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

Reasons for Decision:

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

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: 1d7d35889cc68348fe5c7a05941c81c1

informantnumber: 13814

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 “Hu Keas” (8), which was promoted to 2nd place at a previous protest hearing. 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 (amended) placings in this race were 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)

The Information reads as follows.
“This is a protest against horse number (8) placed [2nd] by the Judge on the grounds of breaking from its gait (Rule 870(3) Breaking Horses Regulation – Hu Keas 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 B. C. Hutton, the trainer and part owner of “Hu Keas” did not attend this hearing, but he had endorsed on the Information – “The connections don’t contest the protest.”

appealdecision:

isappeal:

submissionsfordecision:

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

reasonsfordecision:

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

Decision:

The protest was upheld, and “Hu Keas” was disqualified from 2nd place. The amended places are as follows.
1st – Here Comes Pat (11)
2nd – Dragon Man (3)
3rd – Spencer Gore (4)
4th – Golden Bomber (1)
5th – Perdition (6)
6th – Quartet (5)
Note: This decision should be read in conjunction with the Protest decisions in relation to “Maori Invasion” (9) [Information 13911], and “Spencer Gore” (4) [Information 13912].
 

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Protest

Rules: 870 (3) & Breaking Horses Regulation

Informant: Mr N Ydgren - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent: Mr B Hutton

StipendSteward:

raceid: e7e768c4f4dc8b14a88d1c612beabf2a

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R3

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 2a4dc1fac4dd54d46c58188726b32ef6

meet_expapproval: approved

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 06/06/2011

meet_title: Ashburton TC - 6 June 2011

meet_expappcomment:

meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JPhelan", "Member": "", "OtherExpenses": "0", "KMs": "200", "Total": "124.0", "kmprice": 124.0, "Approved": "on"}]

meet_otherexp:

tracklocation: ashburton-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: KHales

meet_pm2: none

name: Ashburton TC