Archive Decision

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Waikato/BOP HI 28 January 2018 – R 3 (instigating a protest) Chair, Mr A Godsalve

ID: JCA11699

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr Schumacher - Driver and representing the connections of FRANCO NADAL

Information Number:
A7021

Hearing Type:
Protest

Rules:
Rule 870(3) and Breaking Horses Regulations

Meet Title:
Harness Racing Waikato - 28 January 2018

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2018/01/28

Race Number:
R3

Decision:

FRANCO NADAL was therefore disqualified from its 5th placing.

The Official placings were therefore :

1st        GEORGE

2nd       IL PIRATA

3rd       JOMO

4th       MAKAREWA JAKE

5th       PRIMUS INTER PARES

Authority was given for stakemoney to be paid in accordance with the above placings.

Facts:

Following the running of Race 3, the STAPLES RODWAY TAURANGA HANDICAP TROT 2100m, an Information instigating a Protest was produced by Mr Mulcay against the placing of the 5th horse at the finish, FRANCO NADAL. Mr Mulcay alleged that FRANCO NADAL broke in excess of 50 metres inside the final 200 metres of the race.

Mr Schumacher was not present at the hearing, however he noted on the Information that he did not contest the Protest and that he did not wish to be present at the hearing.

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 gait.

Submissions for Decision:

Using the films Mr Mulcay identified the horse FRANCO NADAL as it entered the final 200 metres of this race. Shortly after, the horse went off-stride and galloped until the finish, a distance considerably more than 50 metres. The horse finished in 5th placing for which there was prizemoney.

Driver Mr Schumacher, who represented the connections of the horse, did not contest the Protest.

Reasons for Decision:

As the Protest was not contested the Committee upheld it.

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: 2f7e9b7d6a63ef3bc04e7bd86043336f


informantnumber: A7021


horsename: FRANCO NADAL


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 28/01/2018


hearing_title: Waikato/BOP HI 28 January 2018 - R 3 (instigating a protest) Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 3, the STAPLES RODWAY TAURANGA HANDICAP TROT 2100m, an Information instigating a Protest was produced by Mr Mulcay against the placing of the 5th horse at the finish, FRANCO NADAL. Mr Mulcay alleged that FRANCO NADAL broke in excess of 50 metres inside the final 200 metres of the race.

Mr Schumacher was not present at the hearing, however he noted on the Information that he did not contest the Protest and that he did not wish to be present at the hearing.

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 gait.


appealdecision:


isappeal:


submissionsfordecision:

Using the films Mr Mulcay identified the horse FRANCO NADAL as it entered the final 200 metres of this race. Shortly after, the horse went off-stride and galloped until the finish, a distance considerably more than 50 metres. The horse finished in 5th placing for which there was prizemoney.

Driver Mr Schumacher, who represented the connections of the horse, did not contest the Protest.


reasonsfordecision:

As the Protest was not contested the Committee upheld it.


Decision:

FRANCO NADAL was therefore disqualified from its 5th placing.

The Official placings were therefore :

1st        GEORGE

2nd       IL PIRATA

3rd       JOMO

4th       MAKAREWA JAKE

5th       PRIMUS INTER PARES

Authority was given for stakemoney to be paid in accordance with the above 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:


Respondent: Mr Schumacher - Driver and representing the connections of FRANCO NADAL


StipendSteward:


raceid: 1baa36179595eac72c3f302f38273438


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: 5128a7ca0ea58382c187a779e586f0a2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/01/2018


meet_title: Harness Racing Waikato - 28 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato