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Morrinsville TC 12 January 2014 – R 7 (instigating a protest 1)

ID: JCA12987

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Mr F Schumacher - Junior Driver representing the connections of TUXEDO JUNCTION

Information Number:
A2514

Hearing Type:
Protest

Rules:
870(3)(4)and the breaking horse regulations

Meet Title:
Morrinsville TC - 12 January 2014

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2014/01/12

Race Number:
R 7

Decision:

Accordingly we disqualify TUXEDO JUNCTION from 1st placing.

Amended placings are:

1st - No 1 Ginger Bertha

2nd - No 11 Sodeska

3rd - No10 Phoebe Revival

4th - No 7 Trotupastorm

5th - No 12 Meyer Lansky

The Committee was then advised of a further protest.

It was alleged that horse No 1 GINGER BERTHA promoted to first place as above, interfered with the chances of TOMMIRAY (placed 11th by the Judge) at about the 250 metre mark.

As a result of the second protest the horse GINGER BERTHA was relegated behind TOMMIRAY into 10th placing. 

The Committee advised the Registrar after the completion of both protests that it was clear to pay stakes and dividends as the final amended placings.

Facts:

Following the running of Race 7, Horse Power Engineering (2005) Ltd Handicap Trot, an information was laid by Mr Muirhead, Stipendiary Steward. He alleged that TUXEDO JUNCTION, placed 1st by the judge, broke in excess of 150 metres passing the 2500 metres and is in breach of 870(3) and (4) and the breaking horse regulations.

This is an uncontested protest.

Initially the respondent indicated he wished to contest the protest, however on viewing the films demonstrated by Mr Muirhead, and on being questioned by the Committee regarding the distance the horse galloped Mr Schumacher endorsed the information to the effect that he did not wish to contest the protest.

The Judges' placings were:

1st - No 5 Tuxedo Junction

2nd - No 1 Ginger Bertha

3rd - No 11 Sodeska

4th - No 10 Phoebe Revival

5th - No 7 Trotupastorm

Submissions for Decision:

Mr Muirhead demonstrated the incident using the available head on and side on films. He identified TUXEDO JUNCTION as being in the lead when it went off stride for about 50 metres before regaining its gait. Shortly after this at approximately 2500 metres he again went off-stride and continued to gallop after veering to the outside of the track. Mr Muirhead identified markers on the course which clearly established that TUXEDO JUNCTION had galloped for at least 160-170 metres. 

Both Mr Abernethy and Mr Schumacher, after viewing the films, admitted that TUXEDO JUNCTION was in breach of the rules.

Reasons for Decision:

The Committee carefully reviewed the films and are of the view that TUXEDO JUNCTION broke for at least 170 metres and was therefore in breach of the Breaking Horse Regulations and rule 870(3) and (4) in that he has failed to regain his proper gait.

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: 71ae34a9aa5ba2024ae4bcafac2857d3


informantnumber: A2514


horsename: TUXEDO JUNCTION


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 06/01/2014


hearing_title: Morrinsville TC 12 January 2014 - R 7 (instigating a protest 1)


charge:


facts:

Following the running of Race 7, Horse Power Engineering (2005) Ltd Handicap Trot, an information was laid by Mr Muirhead, Stipendiary Steward. He alleged that TUXEDO JUNCTION, placed 1st by the judge, broke in excess of 150 metres passing the 2500 metres and is in breach of 870(3) and (4) and the breaking horse regulations.

This is an uncontested protest.

Initially the respondent indicated he wished to contest the protest, however on viewing the films demonstrated by Mr Muirhead, and on being questioned by the Committee regarding the distance the horse galloped Mr Schumacher endorsed the information to the effect that he did not wish to contest the protest.

The Judges' placings were:

1st - No 5 Tuxedo Junction

2nd - No 1 Ginger Bertha

3rd - No 11 Sodeska

4th - No 10 Phoebe Revival

5th - No 7 Trotupastorm


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead demonstrated the incident using the available head on and side on films. He identified TUXEDO JUNCTION as being in the lead when it went off stride for about 50 metres before regaining its gait. Shortly after this at approximately 2500 metres he again went off-stride and continued to gallop after veering to the outside of the track. Mr Muirhead identified markers on the course which clearly established that TUXEDO JUNCTION had galloped for at least 160-170 metres. 

Both Mr Abernethy and Mr Schumacher, after viewing the films, admitted that TUXEDO JUNCTION was in breach of the rules.


reasonsfordecision:

The Committee carefully reviewed the films and are of the view that TUXEDO JUNCTION broke for at least 170 metres and was therefore in breach of the Breaking Horse Regulations and rule 870(3) and (4) in that he has failed to regain his proper gait.


Decision:

Accordingly we disqualify TUXEDO JUNCTION from 1st placing.

Amended placings are:

1st - No 1 Ginger Bertha

2nd - No 11 Sodeska

3rd - No10 Phoebe Revival

4th - No 7 Trotupastorm

5th - No 12 Meyer Lansky

The Committee was then advised of a further protest.

It was alleged that horse No 1 GINGER BERTHA promoted to first place as above, interfered with the chances of TOMMIRAY (placed 11th by the Judge) at about the 250 metre mark.

As a result of the second protest the horse GINGER BERTHA was relegated behind TOMMIRAY into 10th placing. 

The Committee advised the Registrar after the completion of both protests that it was clear to pay stakes and dividends as the final amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3)(4)and the breaking horse regulations


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Abernethy - Open Horseman assisting Mr Schumacher


Respondent: Mr F Schumacher - Junior Driver representing the connections of TUXEDO JUNCTION


StipendSteward:


raceid: f1ca7d9d739eb453d6d42e5b9e84c8a2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: eff82cb8b3a0489a35bcc347fde772f8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/01/2014


meet_title: Morrinsville TC - 12 January 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: morrinsville-tc


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Morrinsville TC