Archive Decision

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NZ Metro TC 10 November 2015 – R 6 (instigating a protest) – Chair, Mr R McKenzie

ID: JCA12676

Applicant:
Mr N G McIntyre - Co-Chief Stipendiary Steward

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

Information Number:
A7713

Hearing Type:
Protest

Rules:
870(3) & Breaking Horses Regulation

Meet Title:
NZ Metro TC - 10 November 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2015/11/10

Race Number:
R6

Decision:

The protest was upheld and SHEEMON was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:

1st    2 Monbet
2nd 11 Alley Way
3rd   5 Habibti
4th   1 One Over Da Moon
5th   7 Valmagne

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

Facts:

Following the running of Race 6, Granite Benchtop Company NZ Trotting Free-For-All (Group 1), an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against SHEEMON (D J Dunn), placed 5th by the judge, on the grounds that it “galloped in excess of 150 metres in the early stages”.

Mr Townley had endorsed the information and signed “I do not contest disqualification of SHEEMON”. Mr McIntyre confirmed that the connections of SHEEMON did not wish to attend the hearing of the information.

The judge’s placings were as follows:

1st    2 Monbet
2nd 11 Alley Way
3rd   5 Habibti
4th   1 One Over Da Moon
5th 10 Sheemon

Rule 870 provides as follows:

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

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:

(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).

Submissions for Decision:

Co-Chief Stipendiary Steward, Mr N G McIntyre, showed a video replay of the start of the 1950 metres mobile start event for trotters. Mr McIntyre pointed out SHEEMON, driven by Mr Dunn, which had drawn barrier position 1 on the second row, shortly after the start was declared, go into a gallop and continue in a gallop for a considerable distance. Mr McIntyre submitted that, by reference to the track markers, SHEEMON had continued in a gallop for a distance of approximately 160-170 metres.

Mr McIntyre sought disqualification of SHEEMON. 

Reasons for Decision:

The Committee was satisfied, from the video evidence, that SHEEMON had galloped at the start of the race, free of interference, and had continued on in a gallop for a distance in excess of 150 metres. It was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. The Committee also noted that the protest was not contested by Mr Townley.

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: 48739e4cf1a1d4eb3fcab441e1f8eef9


informantnumber: A7713


horsename: Sheemon


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 12/11/2015


hearing_title: NZ Metro TC 10 November 2015 - R 6 (instigating a protest) - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 6, Granite Benchtop Company NZ Trotting Free-For-All (Group 1), an information instigating a protest was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against SHEEMON (D J Dunn), placed 5th by the judge, on the grounds that it “galloped in excess of 150 metres in the early stages”.

Mr Townley had endorsed the information and signed “I do not contest disqualification of SHEEMON”. Mr McIntyre confirmed that the connections of SHEEMON did not wish to attend the hearing of the information.

The judge’s placings were as follows:

1st    2 Monbet
2nd 11 Alley Way
3rd   5 Habibti
4th   1 One Over Da Moon
5th 10 Sheemon

Rule 870 provides as follows:

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

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:

(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).


appealdecision:


isappeal:


submissionsfordecision:

Co-Chief Stipendiary Steward, Mr N G McIntyre, showed a video replay of the start of the 1950 metres mobile start event for trotters. Mr McIntyre pointed out SHEEMON, driven by Mr Dunn, which had drawn barrier position 1 on the second row, shortly after the start was declared, go into a gallop and continue in a gallop for a considerable distance. Mr McIntyre submitted that, by reference to the track markers, SHEEMON had continued in a gallop for a distance of approximately 160-170 metres.

Mr McIntyre sought disqualification of SHEEMON. 


reasonsfordecision:

The Committee was satisfied, from the video evidence, that SHEEMON had galloped at the start of the race, free of interference, and had continued on in a gallop for a distance in excess of 150 metres. It was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. The Committee also noted that the protest was not contested by Mr Townley.


Decision:

The protest was upheld and SHEEMON was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:

1st    2 Monbet
2nd 11 Alley Way
3rd   5 Habibti
4th   1 One Over Da Moon
5th   7 Valmagne

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


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) & Breaking Horses Regulation


Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: K D Townley, Licensed Public Trainer


StipendSteward:


raceid: 019f676b7b04ec87b536fc18156818c3


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: b3c01fc2c65172b080dc16f04b46c609


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/11/2015


meet_title: NZ Metro TC - 10 November 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: NZ Metro TC