Banks Peninsula TC 29 December 2010 – R 1 (instigating a protest)
ID: JCA13034
Meet Title:
Banks Peninsula TC - 29 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PRosanowski
Race Date:
2010/12/29
Race Number:
R 1
Decision:
The protest was upheld and EVANDER D GO was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st 4 HEZA BOY STAR
2nd 15 AMY’S INVASION
3rd 1 WOODLEA CONTESSA
4th 19 GOLD INVASION
5th 9 ELEGANT SUN
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 1, Islington Tavern Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against EVANDER D GO (J T Keast), placed 4th by the judge, on the grounds of “breaking and then pacing over the early stages”, in breach of Rule 870 (4) and the Breaking Horses Regulation.
Mr Keast had endorsed on the information form and signed, as agent, “I agree that the horse should be disqualified”.
Rule 869 provides as follows:
(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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 Escott had Stipendiary Steward, Mr S P Renault; show a video replay of the first 300 metres of the race. He pointed out EVANDER D GO, driven by Mr Keast, which had drawn at barrier No.5 at the 2170 metres standing start event for trotters, trot off the mark and then break into a pace, continue in a pace to beyond the 200 metres mark and then gallop. Mr Renault alleged that the horse had either paced or galloped for a distance of approximately 250 metres before finally settling into its correct gait.
Mr Escott said that the Stewards were seeking disqualification of EVANDER D GO.
Reasons for Decision:
The Committee was satisfied that EVANDER D GO had left its correct gait and had failed to promptly its proper gait, in breach of Rule 870 (3), in that it had either paced or galloped for a distance of approximately 250 metres after the start, in breach of the Breaking Horses Regulation. It was appropriate that the horse be disqualified.
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: 39067af5c225fb0d0a48d802b1425ee8
informantnumber: 13717
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2010
hearing_title: Banks Peninsula TC 29 December 2010 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, Islington Tavern Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N R Escott, against EVANDER D GO (J T Keast), placed 4th by the judge, on the grounds of “breaking and then pacing over the early stages”, in breach of Rule 870 (4) and the Breaking Horses Regulation.
Mr Keast had endorsed on the information form and signed, as agent, “I agree that the horse should be disqualified”.
Rule 869 provides as follows:
(4) Any horse which breaks from its gait in any race and:-
(a) which fails to promptly regain its proper gait . . . may (in addition to any penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
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 Escott had Stipendiary Steward, Mr S P Renault; show a video replay of the first 300 metres of the race. He pointed out EVANDER D GO, driven by Mr Keast, which had drawn at barrier No.5 at the 2170 metres standing start event for trotters, trot off the mark and then break into a pace, continue in a pace to beyond the 200 metres mark and then gallop. Mr Renault alleged that the horse had either paced or galloped for a distance of approximately 250 metres before finally settling into its correct gait.
Mr Escott said that the Stewards were seeking disqualification of EVANDER D GO.
reasonsfordecision:
The Committee was satisfied that EVANDER D GO had left its correct gait and had failed to promptly its proper gait, in breach of Rule 870 (3), in that it had either paced or galloped for a distance of approximately 250 metres after the start, in breach of the Breaking Horses Regulation. It was appropriate that the horse be disqualified.
Decision:
The protest was upheld and EVANDER D GO was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st 4 HEZA BOY STAR
2nd 15 AMY’S INVASION
3rd 1 WOODLEA CONTESSA
4th 19 GOLD INVASION
5th 9 ELEGANT SUN
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(4) and Breaking Horses Regulation
Informant: NR Escott Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr SP Renault Stipendiary Steward
Respondent:
StipendSteward:
raceid: 7a3d718fb32f00bc1236604ba3d6133d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9fc9bbec08783477e69d3445a54b161d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2010
meet_title: Banks Peninsula TC - 29 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PRosanowski
meet_pm2: none
name: Banks Peninsula TC