Franklin TC 18 July 2014 – R 10 (instigating a protest)
ID: JCA13288
Meet Title:
Franklin TC - 18 July 2014
Meet Chair:
GJones
Meet Committee Member 1:
TDavies
Race Date:
2014/07/18
Race Number:
R10
Decision:
The protest is upheld and JOSEPH H is disqualified pursuant to Rule 1003(2)(a). We order that horse number 1 BELLE GAMBLE be promoted to 5th placing and that dividends be paid in accordance with the amended placings.
The amended placings are:
1st EASY EMPRESS No 9
2nd MY MUMS ATAR No 7
3rd IVANOV No 6
4th SAN DIEGO LOVE No 2
5th BELLE GAMBLE No 1
Facts:
This is an uncontested protest instigated by Stipendiary Steward, Mr S Mulcay following the running of race 10, the Eurotread Handicap Trot 2200m. The basis of the protest is that horse number 10, JOSEPH H breached the provisions of Rule 870(3) and the Breaking Horse Regulations by breaking within the final 200 metres and continued on in a break for more than 50 metres.
The provisional placings were:
1st EASY EMPRESS No 9
2nd MY MUMS ATAR No 7
3rd IVANOV No 6
4th SAN DIEGO LOVE No 2
5th JOSEPH H No 10
The breaking horse regulations provide that:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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).
Submissions for Decision:
Mr Mulcay appeared at the hearing on behalf of the Informant. Mr S Argue trainer of JOSEPH H elected to not appear at the hearing, and he endorsed the Information “I do admit the breach of the rule”. Mr Mulcay demonstrated the incident by way of available video footage. He told the Judicial Committee that JOSEPH H broke near the 200 metre marker and continued on to the finish line in a gallop.
Reasons for Decision:
The protest is not contested and the video evidence clearly indicates that JOSEPH H broke for more than 50 metres inside the last 200 metres of the race. The Committees’ assessment is that JOSEPH H continued in a break for at least 190 metres. On that basis JOSEPH H is in breach of the Breaking Horse Regulations.
JCA Decision Fields (raw)
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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: 5ddd631d7b4ae2dce417f30b5f467444
informantnumber: A3707
horsename: JOSEPH H
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 03/07/2014
hearing_title: Franklin TC 18 July 2014 - R 10 (instigating a protest)
charge:
facts:
This is an uncontested protest instigated by Stipendiary Steward, Mr S Mulcay following the running of race 10, the Eurotread Handicap Trot 2200m. The basis of the protest is that horse number 10, JOSEPH H breached the provisions of Rule 870(3) and the Breaking Horse Regulations by breaking within the final 200 metres and continued on in a break for more than 50 metres.
The provisional placings were:
1st EASY EMPRESS No 9
2nd MY MUMS ATAR No 7
3rd IVANOV No 6
4th SAN DIEGO LOVE No 2
5th JOSEPH H No 10
The breaking horse regulations provide that:
(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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).
appealdecision:
isappeal:
submissionsfordecision:
Mr Mulcay appeared at the hearing on behalf of the Informant. Mr S Argue trainer of JOSEPH H elected to not appear at the hearing, and he endorsed the Information “I do admit the breach of the rule”. Mr Mulcay demonstrated the incident by way of available video footage. He told the Judicial Committee that JOSEPH H broke near the 200 metre marker and continued on to the finish line in a gallop.
reasonsfordecision:
The protest is not contested and the video evidence clearly indicates that JOSEPH H broke for more than 50 metres inside the last 200 metres of the race. The Committees’ assessment is that JOSEPH H continued in a break for at least 190 metres. On that basis JOSEPH H is in breach of the Breaking Horse Regulations.
Decision:
The protest is upheld and JOSEPH H is disqualified pursuant to Rule 1003(2)(a). We order that horse number 1 BELLE GAMBLE be promoted to 5th placing and that dividends be paid in accordance with the amended placings.
The amended placings are:
1st EASY EMPRESS No 9
2nd MY MUMS ATAR No 7
3rd IVANOV No 6
4th SAN DIEGO LOVE No 2
5th BELLE GAMBLE No 1
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), 1003 and Breaking Horse Regulations
Informant: Mr S Mulcay –Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Mulcay –Stipendiary Steward
Respondent: Mr S Argue - trainer of JOSEPH H
StipendSteward:
raceid: 8f0c246de614ef08f2d5f966db80efe4
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: 5680dfd26a7caee7e0994171cd4cd247
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/07/2014
meet_title: Franklin TC - 18 July 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: TDavies
meet_pm2: none
name: Franklin TC