NZ Metropolitan TC 21 December 2018 – R 2 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA11571
Meet Title:
NZ Metro TC - 21 December 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2018/12/21
Race Number:
R2
Decision:
The protest was upheld and PHOEBE ONYX was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st - 12 Doff Your Cap
2nd - 1 Zeddie Marit
3rd - 15 Champagne Prince
4th - 6 Milly An Eyre
5th - 11 Capelli
6th - 2 Look Both Ways
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 2, Storer Motors Mobile Trot, an Information instigating a protest was filed by Chief Stipendiary Steward, Mr NM Ydgren, against PHOEBE ONYX (JW Cox), placed 4th by the judge, on the ground that it “broke in excess of 50 metres in the final 200 metres of the race”.
Mr Cox, driver of PHOEBE ONYX, had endorsed on the information form “I do not contest the protest” and “I do not wish to be present at the hearing of this information”. Mr Ydgren confirmed those matters.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.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:
(a) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the 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.
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 - 12 Doff Your Cap
2nd - 1 Zeddie Marit
3rd - 15 Champagne Prince
4th - 8 Phoebe Onyx
5th - 6 Milly An Eyre
6th - 11 Capelli
Submissions for Decision:
Mr Ydgren showed a video replay of the final 200 metres of the race and pointed out PHOEBE ONYX, driven by Mr Cox, improving through the middle of runners in 4th position at the 200 metres. Shortly thereafter, when racing in 2nd position, the horse went into a gallop and continued on in a gallop past the finishing line. Mr Ydgren pointed out the 50 metres marker on the inside of the track and it was clear that PHOEBE ONYX had broken from its gait some distance before that marker, he said.
PHOEBE ONYX finished in 4th placing, Mr Ydgren said. He sought disqualification of PHOEBE ONYX from the race.
Reasons for Decision:
The Committee was clearly satisfied from the video evidence that PHOEBE ONYX had broken from its gait, free of interference, prior to the 50 metres and had continued on in a gallop to the finishing line in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that Mr Cox did not contest the protest.
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: 2c6fd4ff1221826327b3da84c8893fb7
informantnumber: A10196
horsename: PHOEBE ONYX
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/12/2018
hearing_title: NZ Metropolitan TC 21 December 2018 - R 2 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Storer Motors Mobile Trot, an Information instigating a protest was filed by Chief Stipendiary Steward, Mr NM Ydgren, against PHOEBE ONYX (JW Cox), placed 4th by the judge, on the ground that it “broke in excess of 50 metres in the final 200 metres of the race”.
Mr Cox, driver of PHOEBE ONYX, had endorsed on the information form “I do not contest the protest” and “I do not wish to be present at the hearing of this information”. Mr Ydgren confirmed those matters.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.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:
(a) Any horse which breaks from its gait within the final 200 metres of any race and continues on in the 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.
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 - 12 Doff Your Cap
2nd - 1 Zeddie Marit
3rd - 15 Champagne Prince
4th - 8 Phoebe Onyx
5th - 6 Milly An Eyre
6th - 11 Capelli
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the final 200 metres of the race and pointed out PHOEBE ONYX, driven by Mr Cox, improving through the middle of runners in 4th position at the 200 metres. Shortly thereafter, when racing in 2nd position, the horse went into a gallop and continued on in a gallop past the finishing line. Mr Ydgren pointed out the 50 metres marker on the inside of the track and it was clear that PHOEBE ONYX had broken from its gait some distance before that marker, he said.
PHOEBE ONYX finished in 4th placing, Mr Ydgren said. He sought disqualification of PHOEBE ONYX from the race.
reasonsfordecision:
The Committee was clearly satisfied from the video evidence that PHOEBE ONYX had broken from its gait, free of interference, prior to the 50 metres and had continued on in a gallop to the finishing line in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that Mr Cox did not contest the protest.
Decision:
The protest was upheld and PHOEBE ONYX was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st - 12 Doff Your Cap
2nd - 1 Zeddie Marit
3rd - 15 Champagne Prince
4th - 6 Milly An Eyre
5th - 11 Capelli
6th - 2 Look Both Ways
It was ordered that stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and Breaking Horses Regulation
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr JW Cox - Licensed Open Driver of PHOEBE ONYX
StipendSteward:
raceid: f8913e68510c5ff57b0a8a85796a19c9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1d1fb494356f8dac67e103f20be725c7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/12/2018
meet_title: NZ Metro TC - 21 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC