Auckland TC 18 January 2019 – R 10 (instigating a protest) – Chair, Mr A Smith
ID: JCA12382
Meet Title:
Auckland TC - 18 January 2019
Meet Chair:
ASmith
Meet Committee Member 1:
GJones
Race Date:
2019/01/18
Race Number:
R10
Decision:
The protest is upheld and VATICAN HILL is disqualified from 4th placing.
The amended official placings become:
1st - no 3 TRICKY RIC
2nd - no 9 NATTY PAGGER
3rd - no 1 MINNIE BOW TIQUE
4th - no 10 SPEEDY LAVROS
5th - no 7 FORTUNATO
Authority was given for dividends and stakes to be paid according to the amended placings.
Facts:
Following the running of race 10, the Haras Des Trotteurs Handicap Trot 2200m an information was filed by Senior Stipendiary Steward, Mr Muirhead instigating a protest pursuant to rule 870(3). The particulars of the information are that VATICAN HILL (placed 4th) galloped in excess of 150m over the early stages.
Mr MacFarlane who was the driver of VATICAN HILL and representing the connections, endorsed the information, that he admitted the breach, did not contest the protest and did not wish to be present at the hearing.
The provisional placings were:
1st - no 3 TRICKY RIC
2nd - no 9 NATTY PAGGER
3rd - no 1 MINNIE BOW TIQUE
4th - no 2 VATICAN HILL
5th - no 10 SPEEDY LAVROS
Rule 870(3) provides that ‘Any horse which breaks from its gait shall promptly regain its proper gait’.
The Breaking Horses Regulations provide:
(a) Any horse which breaks from its gait at the start or during the running of any race and continues on in a 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:
Using the available films Mr Muirhead identified the horse VATICAN HILL on the outside of the front line at the 2200m starting point, in the unruly position. Mr Muirhead demonstrated that VATICAN HILL galloped from the start of the race and continued to gallop past the winning post, in total more than 200 metres.
Mr Muirhead submitted that VATICAN HILL was therefore in breach of the Rule and Regulations and should be disqualified from the race.
Reasons for Decision:
The Committee viewed the film and confirmed that VATICAN HILL had galloped for approximately 200m from the start of the race, had then regained its gait and gone on to finish in 4th position. Accordingly VATICAN HILL is in breach of the relevant Rule and Regulations.
Accordingly the protest is upheld.
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: 568da1fdeb2b4914aa618125777eb355
informantnumber: A10716
horsename: VATICAN HILL
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/01/2019
hearing_title: Auckland TC 18 January 2019 - R 10 (instigating a protest) - Chair, Mr A Smith
charge:
facts:
Following the running of race 10, the Haras Des Trotteurs Handicap Trot 2200m an information was filed by Senior Stipendiary Steward, Mr Muirhead instigating a protest pursuant to rule 870(3). The particulars of the information are that VATICAN HILL (placed 4th) galloped in excess of 150m over the early stages.
Mr MacFarlane who was the driver of VATICAN HILL and representing the connections, endorsed the information, that he admitted the breach, did not contest the protest and did not wish to be present at the hearing.
The provisional placings were:
1st - no 3 TRICKY RIC
2nd - no 9 NATTY PAGGER
3rd - no 1 MINNIE BOW TIQUE
4th - no 2 VATICAN HILL
5th - no 10 SPEEDY LAVROS
Rule 870(3) provides that ‘Any horse which breaks from its gait shall promptly regain its proper gait’.
The Breaking Horses Regulations provide:
(a) Any horse which breaks from its gait at the start or during the running of any race and continues on in a 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:
Using the available films Mr Muirhead identified the horse VATICAN HILL on the outside of the front line at the 2200m starting point, in the unruly position. Mr Muirhead demonstrated that VATICAN HILL galloped from the start of the race and continued to gallop past the winning post, in total more than 200 metres.
Mr Muirhead submitted that VATICAN HILL was therefore in breach of the Rule and Regulations and should be disqualified from the race.
reasonsfordecision:
The Committee viewed the film and confirmed that VATICAN HILL had galloped for approximately 200m from the start of the race, had then regained its gait and gone on to finish in 4th position. Accordingly VATICAN HILL is in breach of the relevant Rule and Regulations.
Accordingly the protest is upheld.
Decision:
The protest is upheld and VATICAN HILL is disqualified from 4th placing.
The amended official placings become:
1st - no 3 TRICKY RIC
2nd - no 9 NATTY PAGGER
3rd - no 1 MINNIE BOW TIQUE
4th - no 10 SPEEDY LAVROS
5th - no 7 FORTUNATO
Authority was given for dividends and stakes to be paid according to the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) Breaking Horse Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr T Macfarlane - Driver of VATICAN HILL
StipendSteward:
raceid: bd172ec6fdf404e92bbfdb7b20c82e78
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 078c09ab29dfc44f46963295ca17897c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/01/2019
meet_title: Auckland TC - 18 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ASmith
meet_pm1: GJones
meet_pm2: none
name: Auckland TC