Timaru HRC 15 December 2011 – R 10 (instigating a protest No 2)
ID: JCA13173
Meet Title:
Timaru HRC - 15 December 2011
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/12/15
Race Number:
R10
Decision:
The protest was upheld and ANVILS LIFESIGN was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st - ELUSIVE CHICK (1)
2nd - PEMBERTON SHARD (8)
3rd - BLAZING BRACELET (9)
4th - STRANDHILL (7)
5th - RAJA BROMAC (3)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 10, the Lis Mara Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr NG McIntyre, against ANVILS LIFESIGN (GD Smith), originally placed 5th by the judge, and subsequently promoted to 4th in regard to an earlier protest, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (4) and the Breaking Horses Regulations.
Judges amended placings in this race were as follows:
1st - ELUSIVE CHICK (1)
2nd - PEMBERTON SHARD (8)
3rd - BLAZING BRACLET (9)
4th - ANVILS LIFESIGN (4)
5th - STRANDHILL (7)
6th - RAJA BROMAC (3)
The Information reads as follows:
“That horse number 4, or its driver, breached the provisions of Rule 870 in that ANVILS LIFESIGN galloped in excess of 50m inside the final 200m.”
Mr Smith had endorsed on the information form and signed, as agent, “I do not contest the disqualification of this horse.” Mr Smith had also indicated to the Stewards that he did not want to be present for the hearing.
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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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 McIntyre showed a video replay of the last 200m of the race. He pointed out ANVILS LIFESIGN, driven by Mr Smith, inside the 200m when in 4th position, go into a break well outside the 50m mark and continue in a break until a couple of metres before the winning post. Mr McIntyre submitted that ANVILS LIFESIGN had been in a break for at least 60m in the final 200m of the race.
Mr McIntyre submitted that the Stewards were seeking disqualification of ANVILS LIFESIGN.
Reasons for Decision:
The Committee was satisfied that ANVILS LIFESIGN was in breach of Rule 870 and the Breaking Horses Regulations. It was appropriate the protest be upheld and 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: 4d6246e2df2789017113b077e18c15c9
informantnumber: A5333
horsename: ANVILS LIFESIGN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/12/2011
hearing_title: Timaru HRC 15 December 2011 - R 10 (instigating a protest No 2)
charge:
facts:
Following the running of Race 10, the Lis Mara Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr NG McIntyre, against ANVILS LIFESIGN (GD Smith), originally placed 5th by the judge, and subsequently promoted to 4th in regard to an earlier protest, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (4) and the Breaking Horses Regulations.
Judges amended placings in this race were as follows:
1st - ELUSIVE CHICK (1)
2nd - PEMBERTON SHARD (8)
3rd - BLAZING BRACLET (9)
4th - ANVILS LIFESIGN (4)
5th - STRANDHILL (7)
6th - RAJA BROMAC (3)
The Information reads as follows:
“That horse number 4, or its driver, breached the provisions of Rule 870 in that ANVILS LIFESIGN galloped in excess of 50m inside the final 200m.”
Mr Smith had endorsed on the information form and signed, as agent, “I do not contest the disqualification of this horse.” Mr Smith had also indicated to the Stewards that he did not want to be present for the hearing.
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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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 McIntyre showed a video replay of the last 200m of the race. He pointed out ANVILS LIFESIGN, driven by Mr Smith, inside the 200m when in 4th position, go into a break well outside the 50m mark and continue in a break until a couple of metres before the winning post. Mr McIntyre submitted that ANVILS LIFESIGN had been in a break for at least 60m in the final 200m of the race.
Mr McIntyre submitted that the Stewards were seeking disqualification of ANVILS LIFESIGN.
reasonsfordecision:
The Committee was satisfied that ANVILS LIFESIGN was in breach of Rule 870 and the Breaking Horses Regulations. It was appropriate the protest be upheld and that the horse be disqualified.
Decision:
The protest was upheld and ANVILS LIFESIGN was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st - ELUSIVE CHICK (1)
2nd - PEMBERTON SHARD (8)
3rd - BLAZING BRACELET (9)
4th - STRANDHILL (7)
5th - RAJA BROMAC (3)
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 Regulations
Informant: NG McIntyre-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: PB Burrows-Licensed trainer, GD Smith-Open Horseman
StipendSteward:
raceid: 7ad1b2d5566f1ce5ce32a2726ba62179
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 961c077e5ea3c389d2333e08ff154671
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/12/2011
meet_title: Timaru HRC - 15 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Timaru HRC