Auckland TC 15 July 2020 – R 3 (instigating a protest) – Chair, Mr G Jones
ID: JCA13275
Meet Title:
Auckland TC - 15 July 2020
Meet Chair:
GJones
Race Date:
2020/07/15
Race Number:
R3
Decision:
The Committee upheld the protest and CEPHEUS was disqualified. The amended placings for the race are:
1st No 1 MAJESTIC HARRY
2nd No 12 ELEGANT PEAK
3rd No 10 RUBY RIDGE
4th No 4 WHO’S QUEEN
It was ordered that stakes and dividends be paid in accordance with the amended result.
Facts:
Following the running of Race 3, the Garrards Horse and Hound Pukekohe Trot 2200m, an information instigating a protest was filed by Senior Stipendiary Steward Mr Muirhead, alleging that the 3rd placed horse CEPHEUS broke in excess of 50 metres in the final 200 metres.
Ms Mathews the trainer of CEPHEUS, endorsed the information “I do not contest the protest”. Ms Mathews did not wish to be present at the hearing.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(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 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).
The provisional judge’s placings were:
1st No 1 MAJESTIC HARRY
2nd No 12 ELEGANT PEAK
3rd No 8 CEPHEUS
4th No 10 RUBY RIDGE
5th No 4 WHO’S QUEEN
Submissions for Decision:
Using available video films Mr Mulcay showed a replay of the final 200 metres of the race. He identified CEPHEUS (J Abernethy) racing second from the outside in 4th place as the field passed the 70-metre mark. Mr Mulcay pointed out that when CEPHEUS was placed under pressure it broke and galloped for the remainder of the race, crossing the finish line in 3rd place whilst still in a break. He said that it galloped in excess of 50 metres.
Mr Muirhead submitted that CEPHEUS who finished in 3rd place be disqualified.
Reasons for Decision:
On the basis of the submissions and the compelling video evidence the Committee was satisfied CEPHEUS broke and galloped free of interference near the 70-metre mark and continued on in a gallop for the remainder of the race. This is clearly in breach of Rule 870 (3) and the Breaking Horses Regulation.
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: 5b40efe59592ca707639378aa3c94414
informantnumber: A12960
horsename: CEPHEUS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 15/07/2020
hearing_title: Auckland TC 15 July 2020 – R 3 (instigating a protest) – Chair, Mr G Jones
charge:
facts:
Following the running of Race 3, the Garrards Horse and Hound Pukekohe Trot 2200m, an information instigating a protest was filed by Senior Stipendiary Steward Mr Muirhead, alleging that the 3rd placed horse CEPHEUS broke in excess of 50 metres in the final 200 metres.
Ms Mathews the trainer of CEPHEUS, endorsed the information “I do not contest the protest”. Ms Mathews did not wish to be present at the hearing.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(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 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).
The provisional judge’s placings were:
1st No 1 MAJESTIC HARRY
2nd No 12 ELEGANT PEAK
3rd No 8 CEPHEUS
4th No 10 RUBY RIDGE
5th No 4 WHO’S QUEEN
appealdecision:
isappeal:
submissionsfordecision:
Using available video films Mr Mulcay showed a replay of the final 200 metres of the race. He identified CEPHEUS (J Abernethy) racing second from the outside in 4th place as the field passed the 70-metre mark. Mr Mulcay pointed out that when CEPHEUS was placed under pressure it broke and galloped for the remainder of the race, crossing the finish line in 3rd place whilst still in a break. He said that it galloped in excess of 50 metres.
Mr Muirhead submitted that CEPHEUS who finished in 3rd place be disqualified.
reasonsfordecision:
On the basis of the submissions and the compelling video evidence the Committee was satisfied CEPHEUS broke and galloped free of interference near the 70-metre mark and continued on in a gallop for the remainder of the race. This is clearly in breach of Rule 870 (3) and the Breaking Horses Regulation.
Decision:
The Committee upheld the protest and CEPHEUS was disqualified. The amended placings for the race are:
1st No 1 MAJESTIC HARRY
2nd No 12 ELEGANT PEAK
3rd No 10 RUBY RIDGE
4th No 4 WHO’S QUEEN
It was ordered that stakes and dividends be paid in accordance with the amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(4) and Breaking Horses Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Mulcay - Senior Stipendiary Steward, Mr A Dooley - stipendiary Steward
Respondent: Ms A Mathews - Trainer of CEPHEUS
StipendSteward:
raceid: 1d4b3f4a9b9f32f9707625d9dae575e0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d7654943d38a879b3bdcebbe476f2720
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/07/2020
meet_title: Auckland TC - 15 July 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: none
meet_pm2: none
name: Auckland TC