Archive Decision

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Auckland TC 27 September 2019 – R 6 (Instigating a Protest) – Chair, Mr A Dooley

ID: JCA12705

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Ms M Wallis - Co-Trainer of Mr GOOD AND EVIL

Information Number:
A10740

Hearing Type:
Protest

Rules:
Rule 870(3) and Breaking Horses Regulations

Meet Title:
Auckland TC - 27 September 2019

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2019/09/27

Race Number:
R6

Decision:

MR GOOD AND EVIL was disqualified.

The amended final placings are:

1st – No 4 CREDIT MASTER
2nd – No 8 LEMOND
3rd – No 9 C K SPUR
4th – No 2 SEX ON FIRE
5th – No 5 SUNNY GLENIS (subsequently disqualified and MASSIVE METRO promoted to 5th place)

Authority was given for 5th place stake-money to be paid in accordance with the amended placings.

Facts:

This is an uncontested protest arising from the running of Race 6, The I Fly Thai Airways Mobile Trot 1609m. Pursuant to Rule 870(3) Senior Stipendiary Steward Mr J Muirhead lodged an Information instigating a protest alleging that MR GOOD AND EVIL (placed 5th) broke and galloped excess of 50 metres in the final 200 metres.

Mr B Hackett, the co-trainer of MR GOOD AND EVIL, endorsed the Information indicating that he did not wish to be present at the hearing and he did not contest the protest.

The Judge’s provisional placings were:

1st – No 4 CREDIT MASTER
2nd – No 8 LEMOND
3rd – No 9 C K SPUR
4th – No 2 SEX ON FIRE
5th – No 1 MR GOOD AND EVIL
6th No 5 SUNNY GLENIS

Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.

The Breaking Horses Regulations (b) provide that:

'Any horse which breaks from its gait within 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.'

Submissions for Decision:

Using available race films Mr Muirhead identified MR GOOD AND EVIL as the field passed the final 200 metre marker. He pointed out that MR GOOD AND EVIL, who was racing in 5th place, went off stride and galloped for 100 metres. After regaining his proper gait, MR GOOD AND EVIL finished the race 5th place. Mr Muirhead submitted that the horse was therefore in breach of the relevant rule and Horse Breaking Regulations and should be disqualified from the race. 

Reasons for Decision:

After hearing submissions and reviewing the race films it was clear to the Committee that MR GOOD AND EVIL broke and galloped in excess of 50 metres over the concluding 200 metres of the race. Accordingly MR GOOD AND EVIL is in breach of r 870(3) and the relevant Breaking Horse 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: 4cb73c535aa1c5c1eb1427446cd994ce


informantnumber: A10740


horsename: MR GOOD AND EVIL


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 27/09/2019


hearing_title: Auckland TC 27 September 2019 – R 6 (Instigating a Protest) – Chair, Mr A Dooley


charge:


facts:

This is an uncontested protest arising from the running of Race 6, The I Fly Thai Airways Mobile Trot 1609m. Pursuant to Rule 870(3) Senior Stipendiary Steward Mr J Muirhead lodged an Information instigating a protest alleging that MR GOOD AND EVIL (placed 5th) broke and galloped excess of 50 metres in the final 200 metres.

Mr B Hackett, the co-trainer of MR GOOD AND EVIL, endorsed the Information indicating that he did not wish to be present at the hearing and he did not contest the protest.

The Judge’s provisional placings were:

1st – No 4 CREDIT MASTER
2nd – No 8 LEMOND
3rd – No 9 C K SPUR
4th – No 2 SEX ON FIRE
5th – No 1 MR GOOD AND EVIL
6th No 5 SUNNY GLENIS

Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.

The Breaking Horses Regulations (b) provide that:

'Any horse which breaks from its gait within 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.'


appealdecision:


isappeal:


submissionsfordecision:

Using available race films Mr Muirhead identified MR GOOD AND EVIL as the field passed the final 200 metre marker. He pointed out that MR GOOD AND EVIL, who was racing in 5th place, went off stride and galloped for 100 metres. After regaining his proper gait, MR GOOD AND EVIL finished the race 5th place. Mr Muirhead submitted that the horse was therefore in breach of the relevant rule and Horse Breaking Regulations and should be disqualified from the race. 


reasonsfordecision:

After hearing submissions and reviewing the race films it was clear to the Committee that MR GOOD AND EVIL broke and galloped in excess of 50 metres over the concluding 200 metres of the race. Accordingly MR GOOD AND EVIL is in breach of r 870(3) and the relevant Breaking Horse Regulations.


Decision:

MR GOOD AND EVIL was disqualified.

The amended final placings are:

1st – No 4 CREDIT MASTER
2nd – No 8 LEMOND
3rd – No 9 C K SPUR
4th – No 2 SEX ON FIRE
5th – No 5 SUNNY GLENIS (subsequently disqualified and MASSIVE METRO promoted to 5th place)

Authority was given for 5th place stake-money to be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: Rule 870(3) and Breaking Horses Regulations


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Ms M Wallis - Co-Trainer of Mr GOOD AND EVIL


StipendSteward:


raceid: fba1fd843a7a988221943790a9f5c86c


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: 3fac73d426db05a3156cd8b648e57826


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/09/2019


meet_title: Auckland TC - 27 September 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Auckland TC