Archive Decision

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Kaikoura TC 31 October 2016 – R 5 (instigating a protest) – Chair, Mr R McKenzie

ID: JCA12837

Applicant:
N M Ydgren, Chief Stipendiary Steward

Respondent(s):
J R Dunn, Licensed Open Horseman

Information Number:
A8043

Hearing Type:
Protest

Rules:
870(3) & Breaking Horses Regulation

Meet Title:
Kaikoura TC - 31 October 2016

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2016/10/31

Race Number:
R5

Decision:

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

1st  8 Royal Shine
2nd 7 Aile Rouge
3rd  6 Quevert
4th  9 Kowhai Whiz
5th  1 Little Mo

Facts:

Following the running of Race 5, Vic and Irene Smith Memorial Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against DESTINY JONES (J R Dunn), placed 5th by the judge, on the grounds that it “broke in excess of 150 metres during the running”.

Mr J R Dunn, driver of DESTINY JONES, representing the connections of that horse, had indicated on the information form that he did not contest the protest. Mr Ydgren confirmed that Mr Dunn did not wish to be present at the hearing of the protest.

The judge’s placings were as follows:

1st  8 Royal Shine
2nd 7 Aile Rouge
3rd  6 Quevert
4th  9 Kowhai Whiz
5th  4 Destiny Jones

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:

Mr Ydgren showed video replays of the relevant part of the race from the 800 metres. He pointed out DESTINY JONES, improving wide on the track at that stage, go into a gallop, free of interference, and continue in a gallop for, Mr Ydgren estimated, 250 metres. Mr Ydgren sought disqualification of DESTINY JONES. He confirmed that Mr Dunn did not contest the disqualification of DESTINY JONES.

Reasons for Decision:

The Committee was satisfied that DESTINY JONES had broken from its gait passing the 800 metres, free of interference, and had continued in a gallop for a distance of approximately 250 metres in breach of Rule 870 (3), in that it had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.

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: 5f042859441889c78ff60ca2e8f37d42


informantnumber: A8043


horsename: Destiny Jones


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 02/11/2016


hearing_title: Kaikoura TC 31 October 2016 - R 5 (instigating a protest) - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 5, Vic and Irene Smith Memorial Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against DESTINY JONES (J R Dunn), placed 5th by the judge, on the grounds that it “broke in excess of 150 metres during the running”.

Mr J R Dunn, driver of DESTINY JONES, representing the connections of that horse, had indicated on the information form that he did not contest the protest. Mr Ydgren confirmed that Mr Dunn did not wish to be present at the hearing of the protest.

The judge’s placings were as follows:

1st  8 Royal Shine
2nd 7 Aile Rouge
3rd  6 Quevert
4th  9 Kowhai Whiz
5th  4 Destiny Jones

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:

Mr Ydgren showed video replays of the relevant part of the race from the 800 metres. He pointed out DESTINY JONES, improving wide on the track at that stage, go into a gallop, free of interference, and continue in a gallop for, Mr Ydgren estimated, 250 metres. Mr Ydgren sought disqualification of DESTINY JONES. He confirmed that Mr Dunn did not contest the disqualification of DESTINY JONES.


reasonsfordecision:

The Committee was satisfied that DESTINY JONES had broken from its gait passing the 800 metres, free of interference, and had continued in a gallop for a distance of approximately 250 metres in breach of Rule 870 (3), in that it had failed to promptly regain its proper gait in terms of the Breaking Horses Regulation.


Decision:

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

1st  8 Royal Shine
2nd 7 Aile Rouge
3rd  6 Quevert
4th  9 Kowhai Whiz
5th  1 Little Mo


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) & Breaking Horses Regulation


Informant: N M Ydgren, Chief Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: J R Dunn, Licensed Open Horseman


StipendSteward:


raceid: 0ec720035e00788776e18ed48a25e864


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f0c9a0d288d3e91323f81603e42d6757


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/10/2016


meet_title: Kaikoura TC - 31 October 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kaikoura-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Kaikoura TC