Archive Decision

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Auckland TC 5 February 2021 – R 5 (instigating a protest) – Chair, Mr G Jones

ID: JCA12875

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Ms M Wallis - Co-Trainer of KINGS LAND

Information Number:
A12981

Hearing Type:
Protest

Rules:
Rule 870(3) and Breaking Horses Regulations

Meet Title:
Auckland TC - 5 February 2021

Meet Chair:
GJones

Meet Committee Member 1:
DPlayer

Race Date:
2021/02/05

Race Number:
R5

Decision:

KINGS Landing was disqualified and horse number 4 ONE MAJIC KENNY promoted from 6th to 5th place.

The amended final placings are:
1st - INVICTUS
2nd – BOLT FOR BRILLIANCE
3rd - ANDITOVER
4th - TEMPORALE
5th – ONE MAJIC KENNY

Authority was given for stakemoney to be paid in accordance with the amended placings.

Facts:

Following the running of Race 5, the Happy 65th Birthday Paul McNickle Handicap Trot 2200m, pursuant to Rule 870(3) Senior Stipendiary Steward, Mr Mulcay lodged an Information instigating a protest. The particulars of the Information are that KINGS LANDING broke in excess of 50 metres inside the 200 metres.

The co-trainer of KINGS LANDING, Ms Wallis endorsed the Information acknowledging that:
(a) She admitted the breach, and
(b) She did not contest the protest.
Ms Wallis was present at the hearing.

The Judge’s provisional placings were:
1st - INVICTUS
2nd – BOLT FOR BRILLIANCE
3rd - ANDITOVER
4th - TEMPORALE
5th – KINGS LANDING

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

The Breaking Horses Regulations 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 Mulcay identified KINGS LANDING as the field approached the 60-metre marker. He said that at this point KINGS LANDING was under pressure, it went off stride and broke into a gallop. He pointed out that it continued in a gallop for the remainder of the race, crossing finishing line whilst still in a break in 5th place. Mr Mulcay estimated that KINGS LANDING galloped for slightly more than 60 metres.

Mr Mulcay submitted that KINGS LANDING was in breach of the Rule 870(3) and Breaking Horses Regulations and therefore should be disqualified from the race.

Ms Wallis confirmed that the protest was not contested and she had nothing further to add.

Reasons for Decision:

After hearing submissions and reviewing the race films it was clear to the Committee that KINGS LANDING broke and galloped for at least 60 metres. Accordingly, KINGS LANDING is in breach of the relevant Rule and 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: 63b570e68b5d718f04d0610069f25fa4


informantnumber: A12981


horsename: KINGS LANDING


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 05/02/2021


hearing_title: Auckland TC 5 February 2021 - R 5 (instigating a protest) - Chair, Mr G Jones


charge:


facts:

Following the running of Race 5, the Happy 65th Birthday Paul McNickle Handicap Trot 2200m, pursuant to Rule 870(3) Senior Stipendiary Steward, Mr Mulcay lodged an Information instigating a protest. The particulars of the Information are that KINGS LANDING broke in excess of 50 metres inside the 200 metres.

The co-trainer of KINGS LANDING, Ms Wallis endorsed the Information acknowledging that:
(a) She admitted the breach, and
(b) She did not contest the protest.
Ms Wallis was present at the hearing.

The Judge’s provisional placings were:
1st - INVICTUS
2nd – BOLT FOR BRILLIANCE
3rd - ANDITOVER
4th - TEMPORALE
5th – KINGS LANDING

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

The Breaking Horses Regulations 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 Mulcay identified KINGS LANDING as the field approached the 60-metre marker. He said that at this point KINGS LANDING was under pressure, it went off stride and broke into a gallop. He pointed out that it continued in a gallop for the remainder of the race, crossing finishing line whilst still in a break in 5th place. Mr Mulcay estimated that KINGS LANDING galloped for slightly more than 60 metres.

Mr Mulcay submitted that KINGS LANDING was in breach of the Rule 870(3) and Breaking Horses Regulations and therefore should be disqualified from the race.

Ms Wallis confirmed that the protest was not contested and she had nothing further to add.


reasonsfordecision:

After hearing submissions and reviewing the race films it was clear to the Committee that KINGS LANDING broke and galloped for at least 60 metres. Accordingly, KINGS LANDING is in breach of the relevant Rule and Regulation.  


Decision:

KINGS Landing was disqualified and horse number 4 ONE MAJIC KENNY promoted from 6th to 5th place.

The amended final placings are:
1st - INVICTUS
2nd – BOLT FOR BRILLIANCE
3rd - ANDITOVER
4th - TEMPORALE
5th – ONE MAJIC KENNY

Authority was given for stakemoney 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 S Mulcay - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Ms M Wallis - Co-Trainer of KINGS LAND


StipendSteward:


raceid: 4cd4f938de4a5119fcdd48738f4c6006


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: badbef79194cd51f23fc33871ccb9728


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/02/2021


meet_title: Auckland TC - 5 February 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: GJones


meet_pm1: DPlayer


meet_pm2: none


name: Auckland TC