Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Forbury Park TC 11 August 2016 – R 4 (instigating a protest) – Chair, Prof G Hall

ID: JCA12989

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr R Close - Driver of MOKOSUN, Mr S Matheson - Trainer of MOKOSUN

Information Number:
A7645

Hearing Type:
Protest

Rules:
870(3), 1003(2), breaking horse regs

Meet Title:
Forbury Park TC - 11 August 2016

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2016/08/11

Race Number:
R 4

Decision:

As MOKOSUN has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1st   4 SUN’S INVASION
2ND 1 YGRITTE
3RD 2 ROSIE EXPRESS

Stakes and dividends are to be paid accordingly.

Facts:

After the conclusion of a second protest into Race 4, the COLIN CLAPPERTON 40 YEARS ATTENDANCE HANDICAP TROT, an information was lodged by Mr Tidmarsh under r 870(3) and breaking horse regs alleging that MOKOSUN galloped in excess of 50 metres in the final 200 metres.

Placings after the second protest were:

1st   4 SUN’S INVASION
2ND 1 YGRITTE
3RD 2 ROSIE EXPRESS
4TH 6 MOKOSUN

The relevant rules and regulations provide:

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

1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-

(a) to be disqualified or scratched from any race.

The following regulation is made by the Board pursuant to the Rules of Harness Racing.

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:

(b) 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.

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 Tidmarsh, Stipendiary Steward, demonstrated on the videos that MOKOSUN broke and galloped for 80 to 90 metres of the last 200 metres.

Mr Close, the driver of MOKOSUN signed the information and indicated that he did not contest the protest.

Reasons for Decision:

We have viewed the videos and we are satisfied that near to the 200 metres mark MOKOSUN has gone into a break and has continued in a gallop for 80 to 90 metres. The horse was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its 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: 722fedc6c01aefd2d55d960f9e0b040a


informantnumber: A7645


horsename: MOKOSUN


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 12/08/2016


hearing_title: Forbury Park TC 11 August 2016 - R 4 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

After the conclusion of a second protest into Race 4, the COLIN CLAPPERTON 40 YEARS ATTENDANCE HANDICAP TROT, an information was lodged by Mr Tidmarsh under r 870(3) and breaking horse regs alleging that MOKOSUN galloped in excess of 50 metres in the final 200 metres.

Placings after the second protest were:

1st   4 SUN’S INVASION
2ND 1 YGRITTE
3RD 2 ROSIE EXPRESS
4TH 6 MOKOSUN

The relevant rules and regulations provide:

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

1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-

(a) to be disqualified or scratched from any race.

The following regulation is made by the Board pursuant to the Rules of Harness Racing.

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:

(b) 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.

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 Tidmarsh, Stipendiary Steward, demonstrated on the videos that MOKOSUN broke and galloped for 80 to 90 metres of the last 200 metres.

Mr Close, the driver of MOKOSUN signed the information and indicated that he did not contest the protest.


reasonsfordecision:

We have viewed the videos and we are satisfied that near to the 200 metres mark MOKOSUN has gone into a break and has continued in a gallop for 80 to 90 metres. The horse was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.


Decision:

As MOKOSUN has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1st   4 SUN’S INVASION
2ND 1 YGRITTE
3RD 2 ROSIE EXPRESS

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3), 1003(2), breaking horse regs


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr R Close - Driver of MOKOSUN, Mr S Matheson - Trainer of MOKOSUN


StipendSteward:


raceid: d97a1572ae802adc021f428a469f55c6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6b17f4baf55a3e0582edbfbe8cf54a8a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/08/2016


meet_title: Forbury Park TC - 11 August 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Forbury Park TC