Kumeu TC 24 February 2014 – R 4 (instigating a protest)
ID: JCA11720
Meet Title:
Kumeu TC - 24 February 2014
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2014/02/24
Race Number:
R4
Decision:
The protest is upheld and MISS FIREFLY is disqualified from the race pursuant to Rule 1003 (2) (a).
The amended placings are now:
1st - SHESTHEREALDEAL
2nd - CUT THE CARDS
3rd - CULLECT A HOLIDAY
4th - LA BASTILLE
It was ordered that dividends and stakes be paid in accordance with the amended placings.
Facts:
Following the running of Race 4, the ITM Western Mobile Pace, an Information was lodged by Stipendiary Steward Mr J Muirhead against the 2nd placing of MISS FIREFLY (M McKendry) on the grounds of galloping excessively (over the concluding stages) in breach of the Breaking Horse Regulations.
Rule 870 (3) provides: "that any horse that breaks from its gait shall be promptly returned to its gait "
The Breaking Horse Regulations (part B) provides: "any horse which breaks from its gait in the final 200 metres of any race and continues on in a 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 "
The Regulation further provides: "where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either: (1) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or (2) disqualify it from the race under Rule 1003 (2)"
Mr Fraser was present at the hearing and confirmed that he represented the connections of MISS FIREFLY. After briefly conferring with his driver Mr McKendry, Mr Fraser endorsed the Information "I do not contest the protest".
The Judge's placings were:
1st - SHESTHEREALDEAL
2nd - MISS FIREFLY
3rd - CUT THE CARDS
4th - CULLECT A HOLIDAY
Submissions for Decision:
Mr Oatham demonstrated the incident by use of the video films. He showed that MISS FIREFLY broke approximately 60 metres from the finish and failed to regain its gait.
Mr Muirhead submitted that MISS FIREFLY be disqualified from the race.
Reasons for Decision:
The Committee took into account the evidence of Mr Muirhead and note that Mr Fraser did not contest the protest after taking advice from his driver Mr McKendry. The video clearly shows MISS FIREFLY galloped for approximately 60 metres over the concluding stages of the race and has therefore breached the 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: 22ebabfd4f396b21c4e3a73198af348d
informantnumber: A3847
horsename: MISS FIREFLY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 23/02/2014
hearing_title: Kumeu TC 24 February 2014 - R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4, the ITM Western Mobile Pace, an Information was lodged by Stipendiary Steward Mr J Muirhead against the 2nd placing of MISS FIREFLY (M McKendry) on the grounds of galloping excessively (over the concluding stages) in breach of the Breaking Horse Regulations.
Rule 870 (3) provides: "that any horse that breaks from its gait shall be promptly returned to its gait "
The Breaking Horse Regulations (part B) provides: "any horse which breaks from its gait in the final 200 metres of any race and continues on in a 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 "
The Regulation further provides: "where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either: (1) relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or (2) disqualify it from the race under Rule 1003 (2)"
Mr Fraser was present at the hearing and confirmed that he represented the connections of MISS FIREFLY. After briefly conferring with his driver Mr McKendry, Mr Fraser endorsed the Information "I do not contest the protest".
The Judge's placings were:
1st - SHESTHEREALDEAL
2nd - MISS FIREFLY
3rd - CUT THE CARDS
4th - CULLECT A HOLIDAY
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham demonstrated the incident by use of the video films. He showed that MISS FIREFLY broke approximately 60 metres from the finish and failed to regain its gait.
Mr Muirhead submitted that MISS FIREFLY be disqualified from the race.
reasonsfordecision:
The Committee took into account the evidence of Mr Muirhead and note that Mr Fraser did not contest the protest after taking advice from his driver Mr McKendry. The video clearly shows MISS FIREFLY galloped for approximately 60 metres over the concluding stages of the race and has therefore breached the Breaking Horse Regulations.
Decision:
The protest is upheld and MISS FIREFLY is disqualified from the race pursuant to Rule 1003 (2) (a).
The amended placings are now:
1st - SHESTHEREALDEAL
2nd - CUT THE CARDS
3rd - CULLECT A HOLIDAY
4th - LA BASTILLE
It was ordered that dividends and stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870 (3) and The Breaking Horse Regulations
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr M McKendry-driver of MISS FIREFLY, Mr J Oatham - Stipendiary Steward
Respondent: Mr P Fraser-Trainer of MISS FIREFLY
StipendSteward:
raceid: 58b4533730dee54ff7a24eaf226acc53
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: e73777b26dd27e1d670d85f6e822b956
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/02/2014
meet_title: Kumeu TC - 24 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Kumeu TC