NZ Metro TC 19 May 2017 – R 3 (instigating a protest) Chair, Mr R McKenzie
ID: JCA11965
Meet Title:
NZ Metro TC - 19 May 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2017/05/19
Race Number:
R3
Decision:
The protest was upheld and KISSMEIMLOADED was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st 5 Enghien
2nd 6 President Roydon
3rd 4 Ruthless Kayla
4th 2 One Yankee Ginga
5th 3 Di’z Luck
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 3, PGG Wrightson NZ Yearling Sales Series No.25 3YO Trot Final (Listed Race), an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against KISSMEIMLOADED (J MacKinnon), placed 5th by the judge, on the ground that it “broke for in excess of 150 metres over the initial stages of the race”.
Mr J MacKinnon, trainer and driver of KISSMEIMLOADED, had endorsed on the information form and signed “I do not contest the protest”.
The judge’s official placings for the race were:
1st 5 Enghien
2nd 6 President Roydon
3rd 4 Ruthless Kayla
4th 2 One Yankee Ginga
5th 8 Kissmeimloaded
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
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 either at the start or during the running of any race and continues on in the break for a distance of 150 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).
Submissions for Decision:
Mr Ydgren showed a video replay of the start of the 1950 metres mobile start event. He pointed out KISSMEIMLOADED, driven by Mr MacKinnon, drawn the outside barrier, go into a gallop, free of interference, as the start was made. The horse continued on in a gallop for a distance in excess of 150 metres, Mr Ydgren submitted and demonstrated on video replays, before settling and finishing the race in 5th position.
Reasons for Decision:
The Committee was satisfied that KISSMEIMLOADED had broken from its gait, free of interference, at the start of the race and had continued on in a gallop for a distance, clearly, in excess of 150 metres, before finishing in 5th placing. The Committee was satisfied that KISSMEIMLOADED had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation
The Committee also noted that Mr MacKinnon did not contest the disqualification of KISSMEIMLOADED.
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: 2e005bb06c66ca7eb9ac5569f4dd1159
informantnumber: A8975
horsename: Kissmeimloaded
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/05/2017
hearing_title: NZ Metro TC 19 May 2017 - R 3 (instigating a protest) Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, PGG Wrightson NZ Yearling Sales Series No.25 3YO Trot Final (Listed Race), an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against KISSMEIMLOADED (J MacKinnon), placed 5th by the judge, on the ground that it “broke for in excess of 150 metres over the initial stages of the race”.
Mr J MacKinnon, trainer and driver of KISSMEIMLOADED, had endorsed on the information form and signed “I do not contest the protest”.
The judge’s official placings for the race were:
1st 5 Enghien
2nd 6 President Roydon
3rd 4 Ruthless Kayla
4th 2 One Yankee Ginga
5th 8 Kissmeimloaded
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
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 either at the start or during the running of any race and continues on in the break for a distance of 150 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).
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the start of the 1950 metres mobile start event. He pointed out KISSMEIMLOADED, driven by Mr MacKinnon, drawn the outside barrier, go into a gallop, free of interference, as the start was made. The horse continued on in a gallop for a distance in excess of 150 metres, Mr Ydgren submitted and demonstrated on video replays, before settling and finishing the race in 5th position.
reasonsfordecision:
The Committee was satisfied that KISSMEIMLOADED had broken from its gait, free of interference, at the start of the race and had continued on in a gallop for a distance, clearly, in excess of 150 metres, before finishing in 5th placing. The Committee was satisfied that KISSMEIMLOADED had, therefore, failed to promptly regain its proper gait in breach of Rule 870 (3) and the Breaking Horses Regulation
The Committee also noted that Mr MacKinnon did not contest the disqualification of KISSMEIMLOADED.
Decision:
The protest was upheld and KISSMEIMLOADED was disqualified from the race.
Consequent upon the disqualification, the amended result for the race is as follows:
1st 5 Enghien
2nd 6 President Roydon
3rd 4 Ruthless Kayla
4th 2 One Yankee Ginga
5th 3 Di’z Luck
It was ordered that stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) & Breaking Horses Regulation
Informant: Mr N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr J MacKinnon - Trainer/Driver
StipendSteward:
raceid: 148fe88b2cd0ce827df631827edec21c
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: 1ba395b9a1aab5426bdb7beb20ad0a4e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/05/2017
meet_title: NZ Metro TC - 19 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC