Auckland TC 15 June 2012 – R 4 (instigating a protest)
ID: JCA12385
Meet Title:
Auckland TC - 15 June 2012
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2012/06/15
Race Number:
R4
Decision:
The protest is upheld and JOHN JOSEPH is disqualified from the race.
The amended placings are now : 1st 1 ACTION KOSMOS
2nd 12 IRVIN
3rd 6 MEANDER WITH PEGASUS
4th 14 THE DUDE ABIDES
5th 8 IMMORTAL BELOVED
6th 9 MAKEMINEADOUBLE
It was ordered that dividends and stakes be paid in accordance with the amended placings.
Facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against the 4th placing of JOHN JOSEPH (Trainer D M Balle) on the grounds of breaking and galloping in excess of 50 metres in the final 200 metres of the race.
The Race was run at 6.50pm and the protest was presented to the Committee at 7.07pm which was 8 minutes before the next race.
Rule 870(4) provides: "that any horse that breaks from its gait during a race 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(4) 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 Balle was present and he confirmed that he represented the connections of JOHN JOSEPH and that the protest was contested.
Submissions for Decision:
Mr Muirhead demonstrated the incident by use of the video films. He showed JOHN JOSEPH breaking in the home straight and galloping in excess of 50 metres. He said that the stewards estimated that it had galloped for about 60 metres. He further referred to the plans of the track on the wall of the JCA room and said that the distance between the pylons in the home straight is 15 metres. He said that JOHN JOSEPH galloped through three and a half to four pylons and that was close to 60 metres.
Mr Balle said that it was a line call. He was not sure if his horse had galloped for over 50 metres. He did say that however his horse had not gained any advantage nor had it interfered with any other horse.
Reasons for Decision:
The Committee took into account the evidence of Mr Muirhead and Mr Balle and also viewed the films several times. In the Committee's view JOHN JOSEPH has galloped for about 55 to 58 metres in the home straight and accordingly is in breach of the 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: 56d0bcd3421e61d62ab32f78c803ab39
informantnumber: A2365
horsename: JOHN JOSEPH
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 15/06/2012
hearing_title: Auckland TC 15 June 2012 - R 4 (instigating a protest)
charge:
facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against the 4th placing of JOHN JOSEPH (Trainer D M Balle) on the grounds of breaking and galloping in excess of 50 metres in the final 200 metres of the race.
The Race was run at 6.50pm and the protest was presented to the Committee at 7.07pm which was 8 minutes before the next race.
Rule 870(4) provides: "that any horse that breaks from its gait during a race 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(4) 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 Balle was present and he confirmed that he represented the connections of JOHN JOSEPH and that the protest was contested.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by use of the video films. He showed JOHN JOSEPH breaking in the home straight and galloping in excess of 50 metres. He said that the stewards estimated that it had galloped for about 60 metres. He further referred to the plans of the track on the wall of the JCA room and said that the distance between the pylons in the home straight is 15 metres. He said that JOHN JOSEPH galloped through three and a half to four pylons and that was close to 60 metres.
Mr Balle said that it was a line call. He was not sure if his horse had galloped for over 50 metres. He did say that however his horse had not gained any advantage nor had it interfered with any other horse.
reasonsfordecision:
The Committee took into account the evidence of Mr Muirhead and Mr Balle and also viewed the films several times. In the Committee's view JOHN JOSEPH has galloped for about 55 to 58 metres in the home straight and accordingly is in breach of the regulations.
Decision:
The protest is upheld and JOHN JOSEPH is disqualified from the race.
The amended placings are now : 1st 1 ACTION KOSMOS
2nd 12 IRVIN
3rd 6 MEANDER WITH PEGASUS
4th 14 THE DUDE ABIDES
5th 8 IMMORTAL BELOVED
6th 9 MAKEMINEADOUBLE
It was ordered that dividends and stakes be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(4) and the Breaking Horse Regulations
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr D M Balle - Trainer of JOHN JOSEPH
StipendSteward:
raceid: 26eaa6b9c2f86fc4e2e6f5fe888706a3
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: 9a698f3a495da3493e9dad4ede99412a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/06/2012
meet_title: Auckland TC - 15 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC