Auckland TC 26 July 2019 – R4 (Instigating a Protest) – Chair, Mr G Jones
ID: JCA11692
Meet Title:
Auckland TC - 26 July 2019
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2019/07/26
Race Number:
R4
Decision:
ALL AMERICAN was disqualified.
The amended final placings are:
1st – No 7 SERTORIUS
2nd – No 5 MR GOOD AND EVIL
3rd – No 8 C K SPUR
4th – No 1 CHARLEMAGNE
5th – No 3 THE HULK
Authority was given for stake money and dividends to be paid in accordance with the amended placings.
Facts:
This is an uncontested protest arising from the running of Race 4, The 2019 ‘Arabian Night Stakes’ Mobile Trot 1609m. Pursuant to Rule 870(3) Senior Stipendiary Steward Mr J Muirhead lodged an Information instigating a protest alleging that ALL AMERICAN (placed 3rd) broke and galloped in excess of 50 metres in the final 200 metres.
Mr Dickie, the driver and co-trainer of ALL AMERICAN, 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 7 SERTORIUS
2nd – No 5 MR GOOD AND EVIL
3rd – No 6 ALL AMERICAN
4th – No 8 C K SPUR
5th – No 1 CHARLEMAGNE
6th – No 3 THE HULK
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 Muirhead identified ALL AMERICAN as the field passed the final 200 metre marker. He said ALL AMERICAN, who was racing in 3rd place on the inside of MR GOOD AND EVIL, went off stride, free of interference and galloped for the remainder of the race, crossing the finish line in 3rd place. Mr Muirhead submitted that the horse was therefore in breach of the Rule 870(3) and Breaking Horse Regulations and should be disqualified from the race.
Reasons for Decision:
After hearing submissions and reviewing the race films it was clear to the Committee that ALL AMERICAN broke and galloped for about 150 metres over the concluding 200 metres of the race. Accordingly ALL AMERICAN is in breach of r 870(3) and the relevant Breaking Horse 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: 2297b50433861a0c3ecdd22b3978c152
informantnumber: A10737
horsename: ALL AMERICAN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/07/2019
hearing_title: Auckland TC 26 July 2019 – R4 (Instigating a Protest) – Chair, Mr G Jones
charge:
facts:
This is an uncontested protest arising from the running of Race 4, The 2019 ‘Arabian Night Stakes’ Mobile Trot 1609m. Pursuant to Rule 870(3) Senior Stipendiary Steward Mr J Muirhead lodged an Information instigating a protest alleging that ALL AMERICAN (placed 3rd) broke and galloped in excess of 50 metres in the final 200 metres.
Mr Dickie, the driver and co-trainer of ALL AMERICAN, 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 7 SERTORIUS
2nd – No 5 MR GOOD AND EVIL
3rd – No 6 ALL AMERICAN
4th – No 8 C K SPUR
5th – No 1 CHARLEMAGNE
6th – No 3 THE HULK
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 Muirhead identified ALL AMERICAN as the field passed the final 200 metre marker. He said ALL AMERICAN, who was racing in 3rd place on the inside of MR GOOD AND EVIL, went off stride, free of interference and galloped for the remainder of the race, crossing the finish line in 3rd place. Mr Muirhead submitted that the horse was therefore in breach of the Rule 870(3) and Breaking Horse Regulations and should be disqualified from the race.
reasonsfordecision:
After hearing submissions and reviewing the race films it was clear to the Committee that ALL AMERICAN broke and galloped for about 150 metres over the concluding 200 metres of the race. Accordingly ALL AMERICAN is in breach of r 870(3) and the relevant Breaking Horse Regulations.
Decision:
ALL AMERICAN was disqualified.
The amended final placings are:
1st – No 7 SERTORIUS
2nd – No 5 MR GOOD AND EVIL
3rd – No 8 C K SPUR
4th – No 1 CHARLEMAGNE
5th – No 3 THE HULK
Authority was given for stake money and dividends to be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and Breaking Horse Regulations
Informant: Mr J M Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Senior Stipendiary Steward, Mr S Mulcay - Senior Stipendiary Steward
Respondent: Mr J Dickie - Co-Trainer and driver of ALL AMERICAN
StipendSteward:
raceid: bf5366b2dafe03b86338dd1b982d86d2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3a8a260ecb8065eff6e7d40352ac379d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/07/2019
meet_title: Auckland TC - 26 July 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC