Auckland TC 18 June 2020 – R 7 (instigating a protest) – Chair, Mr G Jones
ID: JCA13382
Meet Title:
Auckland TC - 18 June 2020
Meet Chair:
GJones
Race Date:
2020/06/18
Race Number:
R7
Decision:
KAY CEE is disqualified from 4th placing. An order is made for the payment of stakes and dividends in accordance with the amended placings, which are as follows;
1st No -3 TRICKY RIC
2nd No-8 SERTORIUS
3rd No-1 SAINT MICHEL
4th No-6 SHE REIGNS
5th No 2 ONE OVER DA SON
Facts:
This is an uncontested protest arising from the running of Race 7 the ‘Creatine’ at Nevele R Stud Handicap Trot 2200m. Stipendiary Steward Mr Muirhead, alleged that the 4th placed KAY CEE was in an incorrect gait when it crossed the finish line having galloped over the final 60 metres of the race.
Mr J Dickie the co-trainer and driver of KAY CEE was not present at the hearing. He endorsed the Information “I do not contest protest” and “I do not wish to be present at the hearing of the information”.
The provisional Judge's places were:
1st No -3 TRICKY RIC
2nd No-8 SERTORIUS
3rd No-1 SAINT MICHEL
4th No-7 KAY CEE
5th No-6 SHE REIGNS
The Breaking Horse Rules and Regulations provide that:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(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 other penalty imposed pursuant to Rule 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 been gained.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
Breaking Regulations
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 in 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:
(ii) disqualify it from the race under Rule 1003(2).
Submissions for Decision:
Mr Muirhead advised that approaching the 60-metre mark KAY CEE broke when mounting a challenge for the lead and continued in a gallop for the remainder of the home straight. KAY CEE galloped across the finish line in 4th place. He submitted that KAY CEE be disqualified in accordance with rule 870(3) and Breaking Horse Regulations.
Reasons for Decision:
The protest is uncontested, and is therefore upheld. The supporting film of the concluding stages of the race clearly show that KAY CEE broke free of interference and continued on in a gallop across the finish line in 4th place. KAY CEE galloped in excess of 50 metres in the final 200 metres of the race and was therefore in breach of the relevant rule and regulations.
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: 6ae195180000e24e54f7b706bf421e84
informantnumber: A12956
horsename: KAY CEE
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/06/2020
hearing_title: Auckland TC 18 June 2020 - R 7 (instigating a protest) – Chair, Mr G Jones
charge:
facts:
This is an uncontested protest arising from the running of Race 7 the ‘Creatine’ at Nevele R Stud Handicap Trot 2200m. Stipendiary Steward Mr Muirhead, alleged that the 4th placed KAY CEE was in an incorrect gait when it crossed the finish line having galloped over the final 60 metres of the race.
Mr J Dickie the co-trainer and driver of KAY CEE was not present at the hearing. He endorsed the Information “I do not contest protest” and “I do not wish to be present at the hearing of the information”.
The provisional Judge's places were:
1st No -3 TRICKY RIC
2nd No-8 SERTORIUS
3rd No-1 SAINT MICHEL
4th No-7 KAY CEE
5th No-6 SHE REIGNS
The Breaking Horse Rules and Regulations provide that:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(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 other penalty imposed pursuant to Rule 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 been gained.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a) to be disqualified or scratched from any race.
Breaking Regulations
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 in 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:
(ii) disqualify it from the race under Rule 1003(2).
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead advised that approaching the 60-metre mark KAY CEE broke when mounting a challenge for the lead and continued in a gallop for the remainder of the home straight. KAY CEE galloped across the finish line in 4th place. He submitted that KAY CEE be disqualified in accordance with rule 870(3) and Breaking Horse Regulations.
reasonsfordecision:
The protest is uncontested, and is therefore upheld. The supporting film of the concluding stages of the race clearly show that KAY CEE broke free of interference and continued on in a gallop across the finish line in 4th place. KAY CEE galloped in excess of 50 metres in the final 200 metres of the race and was therefore in breach of the relevant rule and regulations.
Decision:
KAY CEE is disqualified from 4th placing. An order is made for the payment of stakes and dividends in accordance with the amended placings, which are as follows;
1st No -3 TRICKY RIC
2nd No-8 SERTORIUS
3rd No-1 SAINT MICHEL
4th No-6 SHE REIGNS
5th No 2 ONE OVER DA SON
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and the breaking horse regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Stipendiary Stewards - Mr J Muirhead, Mr S Mulcay and Mr A Dooley
Respondent: Mr J Dickie - Licensed Trainer of KAY CEE
StipendSteward:
raceid: 6267b55ef2cd805badb95bc98e663757
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 22010def5fcfd94002999328236fd731
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/06/2020
meet_title: Auckland TC - 18 June 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