Archive Decision

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Auckland TC 5 April 2019 – R 10 (Instigating a Protest) – Chair, Mr G Jones

ID: JCA11680

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr L Driver - Trainer of LIAISON

Information Number:
A10732

Hearing Type:
Protest

Rules:
Rule 870(3) and Breaking Horses Regulations

Meet Title:
Auckland TC - 5 April 2019

Meet Chair:
GJones

Meet Committee Member 1:
BScott

Race Date:
2019/04/05

Race Number:
Race 10

Decision:

LIAISON was disqualified.

The amended final placings are:

1st – No 4 TARUKENGA
2nd – No 3 MAJESTIC SUNRISE
3rd - No 5 THE HONOURS
4th - No 6 STRENGTH OF HEART

Note 1: This race was initially carded and advertised as a non-tote race, however win and place fixed odds were offered by the TAB, but with no exotic betting available. Although referred to as race number 10 in this decision, it was in fact run prior to the commencement of the 9 race card at Alexandra Park and had its own unique betting option.

Authority was given for stakemoney and dividends to be paid in accordance with the amended placings.

Facts:

This is an uncontested protest arising from the running of Race 10, The Next 2YO Trot Here on April 12 (Non-Tote) 2YO Mobile Trot 1700m. Pursuant to Rule 870(3) Senior Stipendiary Steward Mr S Mulcay lodged an Information instigating a protest alleging that LIAISON (placed 4th) broke and galloped in excess of 50 metres in the final 200 metres.

Mr L Driver, the trainer of LIAISON, endorsed the Information indicating that he did not wish to be present at the hearing and he did not contest the protest.

The Judge’s provisional placings were:

1st – No 4 TARUKENGA
2nd – No 3 MAJESTIC SUNRISE
3rd – No 7 LIAISON
4th – No 5 THE HONOURS
5th - No 6 STRENGTH OF HEART

Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.

The Breaking Horses Regulations (b) provide that:

'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.'

Submissions for Decision:

Using available race films Mr Mulcay identified LIAISON (Z Butcher) as the field passed the final 150 metre marker. He said LIAISON, who was racing in 3rd place, broke briefly and then regained its gait. LIAISON then when went off stride again prior to the 50 metre mark and galloped for the remainder of the race, finishing in 4th place. Mr Mulcay submitted that the horse was therefore in breach of the relevant rule and Breaking Horses Regulations. 

Reasons for Decision:

After hearing submissions and reviewing the race films it was clear to the Committee that LIAISON broke and galloped in excess of 50 metres within the final 200 metres of the race. Accordingly LIAISON is in breach of r 870(3) and the relevant Breaking Horses Regulations.

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: 2872ab59c91552c2bf7187f4641d678f


informantnumber: A10732


horsename: LIAISON


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 06/04/2019


hearing_title: Auckland TC 5 April 2019 – R 10 (Instigating a Protest) – Chair, Mr G Jones


charge:


facts:

This is an uncontested protest arising from the running of Race 10, The Next 2YO Trot Here on April 12 (Non-Tote) 2YO Mobile Trot 1700m. Pursuant to Rule 870(3) Senior Stipendiary Steward Mr S Mulcay lodged an Information instigating a protest alleging that LIAISON (placed 4th) broke and galloped in excess of 50 metres in the final 200 metres.

Mr L Driver, the trainer of LIAISON, endorsed the Information indicating that he did not wish to be present at the hearing and he did not contest the protest.

The Judge’s provisional placings were:

1st – No 4 TARUKENGA
2nd – No 3 MAJESTIC SUNRISE
3rd – No 7 LIAISON
4th – No 5 THE HONOURS
5th - No 6 STRENGTH OF HEART

Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.

The Breaking Horses Regulations (b) provide that:

'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.'


appealdecision:


isappeal:


submissionsfordecision:

Using available race films Mr Mulcay identified LIAISON (Z Butcher) as the field passed the final 150 metre marker. He said LIAISON, who was racing in 3rd place, broke briefly and then regained its gait. LIAISON then when went off stride again prior to the 50 metre mark and galloped for the remainder of the race, finishing in 4th place. Mr Mulcay submitted that the horse was therefore in breach of the relevant rule and Breaking Horses Regulations. 


reasonsfordecision:

After hearing submissions and reviewing the race films it was clear to the Committee that LIAISON broke and galloped in excess of 50 metres within the final 200 metres of the race. Accordingly LIAISON is in breach of r 870(3) and the relevant Breaking Horses Regulations.


Decision:

LIAISON was disqualified.

The amended final placings are:

1st – No 4 TARUKENGA
2nd – No 3 MAJESTIC SUNRISE
3rd - No 5 THE HONOURS
4th - No 6 STRENGTH OF HEART

Note 1: This race was initially carded and advertised as a non-tote race, however win and place fixed odds were offered by the TAB, but with no exotic betting available. Although referred to as race number 10 in this decision, it was in fact run prior to the commencement of the 9 race card at Alexandra Park and had its own unique betting option.

Authority was given for stakemoney and dividends to be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 870(3) and Breaking Horses Regulations


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr S Mulcay - Senior Stipendiary Steward


Respondent: Mr L Driver - Trainer of LIAISON


StipendSteward:


raceid: 838ff4875c7116185214c2b1e0038db5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 81b336ca34b2eea145f2669e952ca114


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/04/2019


meet_title: Auckland TC - 5 April 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: GJones


meet_pm1: BScott


meet_pm2: none


name: Auckland TC