Archive Decision

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Manawatu HRC 9 November 2013 – R 9 (instigating a protest)

ID: JCA11423

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Connections of TROUBLE ADO

Information Number:
A2429

Hearing Type:
Protest

Rules:
870(3) and Breaking Horse Regulations

Meet Title:
Manawatu HRC - 9 November 2013

Meet Chair:
TUtikere

Meet Committee Member 1:
NMoffatt

Race Date:
2013/11/09

Race Number:
R 9

Decision:

The protest was upheld, and the committee ordered the disqualification of TROUBLE ADO under the provision of Rule 1003(2). Placings were amended as:

1st (6) RICH EARL

2nd (3) NO GO SLOW BRITON

3rd (5) CONSENTUAL

4th (2) EARL MOUNTBATTEN

5th (4) SPECIAL GIRL

The committee authorised the immediate payment of dividends and stakes in accordance with its decision.

Facts:

Following the running of Race 9 (Stewart Island Smoked Salmon Trot, 2500m) an Information Instigating a Protest was lodged by Stipendiary Steward Mr L Tidmarsh. The Information stated: “That TROUBLE ADO broke in excess of 150 metres when in a brake(sic).”

The connections of TROUBLE ADO elected not to be present for the protest hearing and endorsed the information with “I don’t contest” and signed such endorsement.

Rule 870(3) states : “Any horse which breaks from its gait shall promptly regain its proper gait .”

The relevant Breaking Horses Regulations state: “(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.”

The Judge’s placings were:

1st (6) RICH EARL

2nd (3) NO GO SLOW BRITON

3rd (5) CONSENTUAL

4th (1) TROUBLE ADO

5th (2) EARL MOUNTBATTEN

Submissions for Decision:

Using the side-on film, Mr Wallis identified TROUBLE ADO racing at the head of the field as the runners entered the home straight on the first occasion.

Mr Tidmarsh used the pylons to indicate the distance that TROUBLE ADO was out of its proper gate. The films showed quite clearly TROUBLE ADO breaking in excess of at least 180 metres.

When asked to comment as to whether the stewards were seeking a disqualification or a relegation, Mr Tidmarsh submitted that a disqualification was appropriate as TROUBLE ADO had checked the runner racing to its outside at the time of breaking.

Reasons for Decision:

The protest was not contested and it was clear that the provisions of Rule 870(3) and the Breaking Horse Regulations applied. The committee after viewing the films were satisfied that TROUBLE ADO broke free from interference, for a period of at least 180 metres. It was also satisfied that a disqualification should follow as TROUBLE ADO caused interference to the runner racing to its immediate outside as a result of breaking.

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: 1ba425ec73e95a07a2f6876ca49e77d9


informantnumber: A2429


horsename: TROUBLE ADO


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 06/11/2013


hearing_title: Manawatu HRC 9 November 2013 - R 9 (instigating a protest)


charge:


facts:

Following the running of Race 9 (Stewart Island Smoked Salmon Trot, 2500m) an Information Instigating a Protest was lodged by Stipendiary Steward Mr L Tidmarsh. The Information stated: “That TROUBLE ADO broke in excess of 150 metres when in a brake(sic).”

The connections of TROUBLE ADO elected not to be present for the protest hearing and endorsed the information with “I don’t contest” and signed such endorsement.

Rule 870(3) states : “Any horse which breaks from its gait shall promptly regain its proper gait .”

The relevant Breaking Horses Regulations state: “(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.”

The Judge’s placings were:

1st (6) RICH EARL

2nd (3) NO GO SLOW BRITON

3rd (5) CONSENTUAL

4th (1) TROUBLE ADO

5th (2) EARL MOUNTBATTEN


appealdecision:


isappeal:


submissionsfordecision:

Using the side-on film, Mr Wallis identified TROUBLE ADO racing at the head of the field as the runners entered the home straight on the first occasion.

Mr Tidmarsh used the pylons to indicate the distance that TROUBLE ADO was out of its proper gate. The films showed quite clearly TROUBLE ADO breaking in excess of at least 180 metres.

When asked to comment as to whether the stewards were seeking a disqualification or a relegation, Mr Tidmarsh submitted that a disqualification was appropriate as TROUBLE ADO had checked the runner racing to its outside at the time of breaking.


reasonsfordecision:

The protest was not contested and it was clear that the provisions of Rule 870(3) and the Breaking Horse Regulations applied. The committee after viewing the films were satisfied that TROUBLE ADO broke free from interference, for a period of at least 180 metres. It was also satisfied that a disqualification should follow as TROUBLE ADO caused interference to the runner racing to its immediate outside as a result of breaking.


Decision:

The protest was upheld, and the committee ordered the disqualification of TROUBLE ADO under the provision of Rule 1003(2). Placings were amended as:

1st (6) RICH EARL

2nd (3) NO GO SLOW BRITON

3rd (5) CONSENTUAL

4th (2) EARL MOUNTBATTEN

5th (4) SPECIAL GIRL

The committee authorised the immediate payment of dividends and stakes in accordance with its decision.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) and Breaking Horse Regulations


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr S Wallis - Stipendiary Steward


Respondent: Connections of TROUBLE ADO


StipendSteward:


raceid: 762688a8c94d0cc620be2470845cffff


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a96776430514ec423f7db40b299e59a1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/11/2013


meet_title: Manawatu HRC - 9 November 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: TUtikere


meet_pm1: NMoffatt


meet_pm2: none


name: Manawatu HRC