Auckland TC 13 May 2016 – R 5 (instigating a protest) – Chair, Mr B Scott
ID: JCA13002
Meet Title:
Auckland TC - 13 May 2016
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2016/05/13
Race Number:
R 5
Decision:
The Protest is upheld and The Almighty Johnson is disqualified from the race.
The amended placings are now:
first – (9) Commander Paris
second – (2) Blackguard’s Corner
third – (8) KD Hall
fourth – (3) Gintaras
fifth – (11) Rare Opportunity
It is ordered that stakes are paid in accordance with the amended placings.
Facts:
Following the running of the Dayaveg Handicap Trot an Information Instigating a Protest was lodged by Stipendiary Steward Mr S Mulcay against the fifth (5th) placing of The Almighty Johnson on the grounds of galloping in excess of 50 metres in the final 200 metres of the race and accordingly failing to promptly regain its proper gait.
Rule 870(3) provides: that any horse that breaks from its gait shall promptly regain its proper gait.
The Breaking Horses Regulations part (b) provide: that any horse that 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.
Mr AG Herlihy, the trainer driver of The Almighty Johnson endorsed the Information with the words “I do not contest the protest”. Mr Herlihy also did not wish to be present at the hearing.
Mr Mulcay demonstrated the incident by use of the race films and showed where at about 100 metres from home The Almighty Johnson broke from its proper gait and continued in a break up to the winning post.
The race films clearly showed this and in the Committee’s view The Almighty Johnson galloped at least 100 metres.
Submissions for Decision:
Mr Mulcay submitted that as The Almighty Johnson had galloped for more than 50 metres it was in breach of Rule 870(3) and should be disqualified from the race.
Reasons for Decision:
The Protest is not contested and is therefore upheld.
The Committee has power under Rule 870(4) to relegate the offending horse or power under Rule 1003(2) to disqualify the offending the horse from the race. The Committee believes that in this case it is appropriate that The Almighty Johnson should be disqualified from the race.
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: 34e570c7912e9c869203a620be56deeb
informantnumber: A7956
horsename: THE ALMIGHTY JOHNSON
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 16/06/2016
hearing_title: Auckland TC 13 May 2016 - R 5 (instigating a protest) - Chair, Mr B Scott
charge:
facts:
Following the running of the Dayaveg Handicap Trot an Information Instigating a Protest was lodged by Stipendiary Steward Mr S Mulcay against the fifth (5th) placing of The Almighty Johnson on the grounds of galloping in excess of 50 metres in the final 200 metres of the race and accordingly failing to promptly regain its proper gait.
Rule 870(3) provides: that any horse that breaks from its gait shall promptly regain its proper gait.
The Breaking Horses Regulations part (b) provide: that any horse that 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.
Mr AG Herlihy, the trainer driver of The Almighty Johnson endorsed the Information with the words “I do not contest the protest”. Mr Herlihy also did not wish to be present at the hearing.
Mr Mulcay demonstrated the incident by use of the race films and showed where at about 100 metres from home The Almighty Johnson broke from its proper gait and continued in a break up to the winning post.
The race films clearly showed this and in the Committee’s view The Almighty Johnson galloped at least 100 metres.
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay submitted that as The Almighty Johnson had galloped for more than 50 metres it was in breach of Rule 870(3) and should be disqualified from the race.
reasonsfordecision:
The Protest is not contested and is therefore upheld.
The Committee has power under Rule 870(4) to relegate the offending horse or power under Rule 1003(2) to disqualify the offending the horse from the race. The Committee believes that in this case it is appropriate that The Almighty Johnson should be disqualified from the race.
Decision:
The Protest is upheld and The Almighty Johnson is disqualified from the race.
The amended placings are now:
first – (9) Commander Paris
second – (2) Blackguard’s Corner
third – (8) KD Hall
fourth – (3) Gintaras
fifth – (11) Rare Opportunity
It is ordered that stakes are paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and Breaking Horses Regulations
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: The owners of THE ALMIGHTY JOHNSON
StipendSteward:
raceid: 277dbbc1390646c23813dff17df5f5dc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 89334e71f6dbb477195048d84ab1f29e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/05/2016
meet_title: Auckland TC - 13 May 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC