Manawatu HRC 17 May 2015 – R 3 (instigating a protest)
ID: JCA13494
Meet Title:
Manawatu HRC - 17 May 2015
Meet Chair:
PWilliams
Meet Committee Member 1:
TUtikere
Race Date:
2015/05/17
Race Number:
R3
Decision:
The protest is upheld and “Bim Bom Bay” is disqualified from the race in terms of Rule 1003 (2). The amended and now confirmed placings are:-
1st Rarangi Jewel (4)
2nd The Prince (6)
3rd Dragon Lady (11)
4th Gogirl Bromac (9)
5th Our Super Ram (10)
Authorisation is given for the payment of all dividends and stakes based on the amended placings.
Facts:
Following the running of race 3, the “Ken Fraser Memorial Handicap Trot” Information A3773 instigating a protest was filed by Stipendiary Steward Mr S Mulcay alleging a breach of Rule 870(3) and the Breaking Horse Regulations by “Bim Bom Bay” driven by Mr K More. The information stated that “4th placed horse “Bim Bom Bay” galloped in excess of 150m over the initial stages failing to regain its gait promptly in breach of the Breaking Horse Regulations”.
The judge’s placings were:-
1st Rarangi Jewel (4)
2nd The Prince (6)
3rd Dragon Lady (11)
4th Bim Bom Bay (7)
5th Gogirl Bromac (9)
Rule 870(3) states:- Any horse that breaks from its gait shall promptly regain its proper gait.
Relevant clauses from the Breaking Horse Regulations state:-
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in a 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 properly 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) 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).
Mr F Mitchell, on behalf of the trainer of “Bim Bom Bay” Mr W Fleming, signed the Information stating he did not contest the protest. Mr Mitchell also did not attend the hearing.
Submissions for Decision:
Stipendiary Steward Mr Muirhead, using the film from the tower at the end of the back straight, highlighted “Bim Bom Bay” and said that after beginning safely from its 40m handicap the horse then broke and went into a gallop. Using the inside markers as a guide he estimated the horse galloped in excess of 150m and probably closer to at least 180m.
Reasons for Decision:
The Committee has reviewed the film of the incident and agrees that the “Bim Bom Bay” galloped in excess of 150m during the initial stages of the race and has breached the provisions of Rule 870(3) and the Breaking Horse 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: 3dcc301905adb0db9c03199056bd192c
informantnumber: A3773
horsename: BIM BOM BAY
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/05/2015
hearing_title: Manawatu HRC 17 May 2015 - R 3 (instigating a protest)
charge:
facts:
Following the running of race 3, the “Ken Fraser Memorial Handicap Trot” Information A3773 instigating a protest was filed by Stipendiary Steward Mr S Mulcay alleging a breach of Rule 870(3) and the Breaking Horse Regulations by “Bim Bom Bay” driven by Mr K More. The information stated that “4th placed horse “Bim Bom Bay” galloped in excess of 150m over the initial stages failing to regain its gait promptly in breach of the Breaking Horse Regulations”.
The judge’s placings were:-
1st Rarangi Jewel (4)
2nd The Prince (6)
3rd Dragon Lady (11)
4th Bim Bom Bay (7)
5th Gogirl Bromac (9)
Rule 870(3) states:- Any horse that breaks from its gait shall promptly regain its proper gait.
Relevant clauses from the Breaking Horse Regulations state:-
(a) Any horse which breaks from its gait either at the start or during the running of any race and continues on in a 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 properly 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) 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).
Mr F Mitchell, on behalf of the trainer of “Bim Bom Bay” Mr W Fleming, signed the Information stating he did not contest the protest. Mr Mitchell also did not attend the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr Muirhead, using the film from the tower at the end of the back straight, highlighted “Bim Bom Bay” and said that after beginning safely from its 40m handicap the horse then broke and went into a gallop. Using the inside markers as a guide he estimated the horse galloped in excess of 150m and probably closer to at least 180m.
reasonsfordecision:
The Committee has reviewed the film of the incident and agrees that the “Bim Bom Bay” galloped in excess of 150m during the initial stages of the race and has breached the provisions of Rule 870(3) and the Breaking Horse Regulations.
Decision:
The protest is upheld and “Bim Bom Bay” is disqualified from the race in terms of Rule 1003 (2). The amended and now confirmed placings are:-
1st Rarangi Jewel (4)
2nd The Prince (6)
3rd Dragon Lady (11)
4th Gogirl Bromac (9)
5th Our Super Ram (10)
Authorisation is given for the payment of all dividends and stakes based on the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and Breaking Horse Regulations
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr J Muirhead - Stipendiary Steward
Respondent: Mr W Fleming - Licensed Trainer
StipendSteward:
raceid: 7ec02ef9ee8981f8310f2e9b4eb405e3
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: a312cfeba459aa9681953e896ee9e68a
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/05/2015
meet_title: Manawatu HRC - 17 May 2015
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "PWilliams", "Member": "", "OtherExpenses": "0", "KMs": "284", "Total": "176.08", "kmprice": 176.08000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: TUtikere
meet_pm2: none
name: Manawatu HRC