Archive Decision

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Oamaru HRC 13 September 2015 – R 4 (instigating a protest) – Chair, Prof G Hall

ID: JCA13153

Applicant:
Mr C Allison – Stipendiary Steward

Respondent(s):
Mr McNee – Representing the Connections of ARTICULIGHT

Information Number:
A1425

Hearing Type:
Protest

Rules:
870(4) and the breaking horse regulations

Meet Title:
Oamaru HRC - 13 September 2015

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2015/09/13

Race Number:
R4

Decision:

ARTICULIGHT is disqualified from second placing under the provisions of r 1003(2)(a).

The official placings are now:

1ST: FLAGPOLE [3]
2ND TUAPEKA TROY [8]
3RD FORMULA ONE [7]
4TH NIGHT FACTOR [1]

Stakes and dividends are to be paid accordingly.

Facts:

Following the running of race 4 the WAITAKI REFRIGERATION SERVICES MOBILE PACE the Stewards lodged a Protest information under Rule 870(4)(a) alleging the second placed ARTICULIGHT broke from its gait in excess of 150m at the start.

Rule 870(4)(a) reads:

Any horse which breaks from its gait in any race and which fails to promptly regain its proper gait may (in addition to any other penalty imposed pursuant to r 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have be gained.

The breaking horse regulations provide in part:

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).

The official placings were:

1ST: FLAGPOLE [3]
2ND ARTICULIGHT [4]
3RD TUAPEKA TROY [8]
4TH FORMULA ONE [7]
5TH NIGHT FACTOR [1]

Submissions for Decision:

Mr Allison stated that ARTICULIGHT drew four behind the mobile barrier. Shortly after the start ARTICULIGHT rolled into a gallop and continued on in a gallop until well past the 150m. The driver Mr Jones made every attempt to get ARTICULIGHT back to its correct gait but was unable to do so. The horse was in breach of the Rule by failing to promptly regain its correct gait. He was seeking the disqualification of ARTICULIGHT from its second placing.

Mr McNee accepted the Steward’s submissions and the video evidence as presented.

Reasons for Decision:

The committee is satisfied that ARTICULIGHT broke from its gait, free of interference, and galloped in excess of 150m after the start and was in breach of the Rules.

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: 4ab0821c3625960e6fe36260bcfa9a05


informantnumber: A1425


horsename: ARTICULIGHT


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 17/09/2015


hearing_title: Oamaru HRC 13 September 2015 - R 4 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

Following the running of race 4 the WAITAKI REFRIGERATION SERVICES MOBILE PACE the Stewards lodged a Protest information under Rule 870(4)(a) alleging the second placed ARTICULIGHT broke from its gait in excess of 150m at the start.

Rule 870(4)(a) reads:

Any horse which breaks from its gait in any race and which fails to promptly regain its proper gait may (in addition to any other penalty imposed pursuant to r 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have be gained.

The breaking horse regulations provide in part:

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).

The official placings were:

1ST: FLAGPOLE [3]
2ND ARTICULIGHT [4]
3RD TUAPEKA TROY [8]
4TH FORMULA ONE [7]
5TH NIGHT FACTOR [1]


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison stated that ARTICULIGHT drew four behind the mobile barrier. Shortly after the start ARTICULIGHT rolled into a gallop and continued on in a gallop until well past the 150m. The driver Mr Jones made every attempt to get ARTICULIGHT back to its correct gait but was unable to do so. The horse was in breach of the Rule by failing to promptly regain its correct gait. He was seeking the disqualification of ARTICULIGHT from its second placing.

Mr McNee accepted the Steward’s submissions and the video evidence as presented.


reasonsfordecision:

The committee is satisfied that ARTICULIGHT broke from its gait, free of interference, and galloped in excess of 150m after the start and was in breach of the Rules.


Decision:

ARTICULIGHT is disqualified from second placing under the provisions of r 1003(2)(a).

The official placings are now:

1ST: FLAGPOLE [3]
2ND TUAPEKA TROY [8]
3RD FORMULA ONE [7]
4TH NIGHT FACTOR [1]

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(4) and the breaking horse regulations


Informant: Mr C Allison – Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr McNee – Representing the Connections of ARTICULIGHT


StipendSteward:


raceid: 735097d2197ec175903877eab6416987


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1586b2185aa1ec1c1b86118db0abae56


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/09/2015


meet_title: Oamaru HRC - 13 September 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Oamaru HRC