Auckland TC 9 May 2014 – R 6 (instigating a protest)
ID: JCA12384
Meet Title:
Auckland TC - 9 May 2014
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2014/05/09
Race Number:
R6
Decision:
We disqualify ONE OVER DA MOON from 2nd placing and order payment of stakes in accordance with the amended placings which are as follows:
1st No 8 KING DENNY
2nd No 10 MUM’S PRIDE
3rd No 6 TWENTYTEN
4th No 9 K D MUSCLES
5th DAVEYS BROTHER
Facts:
This is an uncontested protest arising from race 6, The BRECKON FARMS TROTTING DERBY Mobile Trot 2700m. Mr McIntyre, Co-Chief Stipendiary Steward, alleged that 2nd placed horse ONE OVER DA MOON galloped excessively inside the 2400 metre mark in breach of the Breaking Horse Regulations.
Mr Nairn was not present at the hearing and endorsed the Information “I do not contest protest”
The provisional placings were:
1st No 8 KING DENNY
2nd No 5 ONE OVER DA MOON
3rd No 10 MUM’S PRIDE
4th No 6 TWENTYTEN
5th No 9 K D MUSCLES
Submissions for Decision:
Mr McIntyre demonstrated the incident using available video footage. He told the Judicial Committee (the “Committee”) that ONE OVER DA MOON was racing outside the leader near the 2400 metre mark and then broke and galloped for about 250 metres. He said ONE OVER DA MOON eventually regained its gait approaching the 2100 metre mark.
Mr McIntyre said that Stewards were seeking disqualification of ONE OVER DA MOON in accordance with the Breaking Horse Regulations.
Reasons for Decision:
The protest is uncontested and is therefore upheld.
The Breaking Horse Rules and Regulations provide that:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(4) Any horse which breaks from its gait in any race and (a) which fails to promptly regain its proper gait may (in addition to any other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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.
Breaking Regulations:
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).
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: 56cfaad688721621e6c4b598f5119c60
informantnumber: A2540
horsename: ONE OVER DA MOON
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 06/05/2014
hearing_title: Auckland TC 9 May 2014 - R 6 (instigating a protest)
charge:
facts:
This is an uncontested protest arising from race 6, The BRECKON FARMS TROTTING DERBY Mobile Trot 2700m. Mr McIntyre, Co-Chief Stipendiary Steward, alleged that 2nd placed horse ONE OVER DA MOON galloped excessively inside the 2400 metre mark in breach of the Breaking Horse Regulations.
Mr Nairn was not present at the hearing and endorsed the Information “I do not contest protest”
The provisional placings were:
1st No 8 KING DENNY
2nd No 5 ONE OVER DA MOON
3rd No 10 MUM’S PRIDE
4th No 6 TWENTYTEN
5th No 9 K D MUSCLES
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre demonstrated the incident using available video footage. He told the Judicial Committee (the “Committee”) that ONE OVER DA MOON was racing outside the leader near the 2400 metre mark and then broke and galloped for about 250 metres. He said ONE OVER DA MOON eventually regained its gait approaching the 2100 metre mark.
Mr McIntyre said that Stewards were seeking disqualification of ONE OVER DA MOON in accordance with the Breaking Horse Regulations.
reasonsfordecision:
The protest is uncontested and is therefore upheld.
The Breaking Horse Rules and Regulations provide that:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(4) Any horse which breaks from its gait in any race and (a) which fails to promptly regain its proper gait may (in addition to any other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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.
Breaking Regulations:
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).
Decision:
We disqualify ONE OVER DA MOON from 2nd placing and order payment of stakes in accordance with the amended placings which are as follows:
1st No 8 KING DENNY
2nd No 10 MUM’S PRIDE
3rd No 6 TWENTYTEN
4th No 9 K D MUSCLES
5th DAVEYS BROTHER
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3),(4),1003(2) and the Breaking Horse Regulations
Informant: Mr N McIntyre – Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Nil (uncontested)
Respondent: Mr P Nairn - Licensed Trainer of ONE OVER DA MOON
StipendSteward:
raceid: e82414857972946c85b3f1af751c7f85
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3a6aa1706b5102aef1f701bbea716ce5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/05/2014
meet_title: Auckland TC - 9 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC