Archive Decision

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NZ Metro TC 24 March 2021 – R 2 (instigating a protest) – Chair, Mr R McKenzie

ID: JCA12461

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
K D Townley, Licensed Public Trainer/Open Driver

Information Number:
A13304

Hearing Type:
Protest

Rules:
870(3)& Breaking Horses Regulations

Meet Title:
NZ Metro TC - 24 March 2021

Meet Chair:
RMcKenzie

Race Date:
2021/03/24

Race Number:
R2

Decision:

The protest was upheld and AIGUILLE was disqualified.

Consequent upon the relegation, the amended result for the race is as follows:

1st   9  He’s A Casanova
2nd  6  Creme De La Crème
3rd  1   Trixton Time
4th 10  Eilish Hall
5th   5  King of Love

It was ordered that stakes be paid in accordance with that amended result.

Facts:

Following the running of Race 2, Livamol Handicap Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against AIGUILLE (K D Townley), placed 5th by the Judge, on the ground that it broke in excess of 50 metres in the final 200 metres”.

Mr Townley had signed the Statement by the Respondent on the Information form indicating that he did not contest the protest. Mr Renault said that Mr Townley did not wish to be present at the hearing.

Rule 870 provides as follows:

(3) Any horse which breaks from its gait shall promptly regain its proper gait.

(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.

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:

(b) Any horse which breaks from its gait in the final 200 metres of any race and continues on in the break for a distance of 50 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).

The Judge’s placings for the race were as follows:

1st   9   He’s A Casanova
2nd  6   Creme De La Crème
3rd  1   Trixton Time
4th 10   Eilish Hall
5th 12   Aiguille
6th   5   King of Love

Submissions for Decision:

Mr Renault showed a video replay of the final 200 metres of the race. At that stage, AIGUILLE, driven by Mr Townley, was the leading horse. He pointed out that runner go into a break at the yellow track marker, which is 150 metres from the finish, he said. The horse continued on in a gallop to just before the 50-metre marker – approximately 90 metres in total – before settling back into its gait.

The horse finished in 5th placing. Mr Renault informed the Committee that there was a stake payable for 5th placing and he sought disqualification of AIGUILLE.

Reasons for Decision:

The Committee was clearly satisfied, from viewing the video replay, that AIGUILLE had broken from its gait, free of interference, inside the final 200 metres of the race and had continued on in the break for a distance of 90 metres. It had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.

The Committee noted that Mr Townley did not contest the protest.

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: 5ede068cb8545a84d7e41b7f36c324b6


informantnumber: A13304


horsename: Aiguille


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 25/03/2021


hearing_title: NZ Metro TC 24 March 2021 - R 2 (instigating a protest) - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 2, Livamol Handicap Trot, an Information instigating a protest was filed by Stipendiary Steward, Mr S P Renault, against AIGUILLE (K D Townley), placed 5th by the Judge, on the ground that it broke in excess of 50 metres in the final 200 metres”.

Mr Townley had signed the Statement by the Respondent on the Information form indicating that he did not contest the protest. Mr Renault said that Mr Townley did not wish to be present at the hearing.

Rule 870 provides as follows:

(3) Any horse which breaks from its gait shall promptly regain its proper gait.

(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.

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:

(b) Any horse which breaks from its gait in the final 200 metres of any race and continues on in the break for a distance of 50 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).

The Judge’s placings for the race were as follows:

1st   9   He’s A Casanova
2nd  6   Creme De La Crème
3rd  1   Trixton Time
4th 10   Eilish Hall
5th 12   Aiguille
6th   5   King of Love


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault showed a video replay of the final 200 metres of the race. At that stage, AIGUILLE, driven by Mr Townley, was the leading horse. He pointed out that runner go into a break at the yellow track marker, which is 150 metres from the finish, he said. The horse continued on in a gallop to just before the 50-metre marker – approximately 90 metres in total – before settling back into its gait.

The horse finished in 5th placing. Mr Renault informed the Committee that there was a stake payable for 5th placing and he sought disqualification of AIGUILLE.


reasonsfordecision:

The Committee was clearly satisfied, from viewing the video replay, that AIGUILLE had broken from its gait, free of interference, inside the final 200 metres of the race and had continued on in the break for a distance of 90 metres. It had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.

The Committee noted that Mr Townley did not contest the protest.


Decision:

The protest was upheld and AIGUILLE was disqualified.

Consequent upon the relegation, the amended result for the race is as follows:

1st   9  He’s A Casanova
2nd  6  Creme De La Crème
3rd  1   Trixton Time
4th 10  Eilish Hall
5th   5  King of Love

It was ordered that stakes be paid in accordance with that amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3)& Breaking Horses Regulations


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: N G McIntyre, Manager of Stewards


Respondent: K D Townley, Licensed Public Trainer/Open Driver


StipendSteward:


raceid: bb5ac79bad2c3ebb4725375fcc51eefb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ac0be9c938ff55937aec5b63a84b941a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/03/2021


meet_title: NZ Metro TC - 24 March 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: none


meet_pm2: none


name: NZ Metro TC