Invercargill HRC 2 April 2017 – R 1 (instigating a protest) Chair, Prof G Hall
ID: JCA12375
Meet Title:
Invercargill HRC - 2 April 2017
Meet Chair:
GHall
Meet Committee Member 1:
VMUnro
Race Date:
2017/04/02
Race Number:
R 1
Decision:
As PEGASUS HANOVER has gained an advantage over the field it is appropriate that the horse be disqualified.
Amended placings are:
1st 4 COPPERTONE LAD
2ND 13 KIWI CRUSHER
3RD 14 NOTTINGHAM K TWO
4TH 6 LOXI CLAIRBORNE
5th 12 MR TASSLE
Stakes and dividends are to be paid accordingly.
Facts:
At the conclusion of Race 1, the COLLINGWOOD FOODCENTRE TROT, an information was lodged by Mr Tidmarsh under r 870(3) and the breaking horse regs alleging that PEGASUS HANOVER galloped in excess of 150 metres rounding the first bend.
Placings after the second protest were:
1st 4 COPPERTONE LAD
2ND 7 PEGASUS HANOVER
3RD 13 KIWI CRUSHER
4TH 14 NOTTINGHAM K TWO
5th 6 LOXI CLAIRBORNE
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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 a break for a distance of 150 metres or more, 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 Davidson, Stipendiary Steward, demonstrated on the videos that PEGASUS HANOVER broke going into the first bend and galloped for nearly 250 metres.
Mr McIlwrick, the driver of PEGASUS HANOVER signed the information and indicated that he did not contest the protest. Mr Davidson confirmed that Mr McIlwrick represented the connections of PEGASUS HANOVER.
Reasons for Decision:
We have viewed the videos and we are satisfied that going into the first bend after the start, PEGASUS HANOVER has gone into a break and has continued in a gallop for close to 250 metres. The horse was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.
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: 54874987cfb35e48bc575e3480a5e8dc
informantnumber: A8606
horsename: PEGASUS HANOVER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 04/04/2017
hearing_title: Invercargill HRC 2 April 2017 - R 1 (instigating a protest) Chair, Prof G Hall
charge:
facts:
At the conclusion of Race 1, the COLLINGWOOD FOODCENTRE TROT, an information was lodged by Mr Tidmarsh under r 870(3) and the breaking horse regs alleging that PEGASUS HANOVER galloped in excess of 150 metres rounding the first bend.
Placings after the second protest were:
1st 4 COPPERTONE LAD
2ND 7 PEGASUS HANOVER
3RD 13 KIWI CRUSHER
4TH 14 NOTTINGHAM K TWO
5th 6 LOXI CLAIRBORNE
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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 a break for a distance of 150 metres or more, 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 Davidson, Stipendiary Steward, demonstrated on the videos that PEGASUS HANOVER broke going into the first bend and galloped for nearly 250 metres.
Mr McIlwrick, the driver of PEGASUS HANOVER signed the information and indicated that he did not contest the protest. Mr Davidson confirmed that Mr McIlwrick represented the connections of PEGASUS HANOVER.
reasonsfordecision:
We have viewed the videos and we are satisfied that going into the first bend after the start, PEGASUS HANOVER has gone into a break and has continued in a gallop for close to 250 metres. The horse was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.
Decision:
As PEGASUS HANOVER has gained an advantage over the field it is appropriate that the horse be disqualified.
Amended placings are:
1st 4 COPPERTONE LAD
2ND 13 KIWI CRUSHER
3RD 14 NOTTINGHAM K TWO
4TH 6 LOXI CLAIRBORNE
5th 12 MR TASSLE
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: rr 870(3), 1003(2), breaking horse regs
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr Davidson - Stipendiary Steward
Respondent: Mr R McIlwrick - Driver of PEGASUS HANOVER
StipendSteward:
raceid: 3ded8cb428ec1426069d30b447227338
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d734ad99a2670eeef850c0a654f51f34
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/04/2017
meet_title: Invercargill HRC - 2 April 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: VMUnro
meet_pm2: none
name: Invercargill HRC