Auckland TC 5 April 2013 – R 3 (instigating a protest)
ID: JCA13903
Meet Title:
Auckland TC - 5 April 2013
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2013/04/05
Race Number:
R3
Decision:
The protest is upheld and Imstartenough is disqualified pursuant to Rule 1003(2)(a). We order that Horse number 9, Broadband, be promoted from 6th to 5th place, and that 5th place stake money be paid to the connections of Broadband.
Facts:
This is an uncontested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 3. The basis of the protest is that horse number 3; Imstartenough 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.
Imstartenough was provisionally placed 5th, a non-dividend bearing place, but the conditions of the race were such that differential stake money was paid up to 5th place. The difference between 5th place and all other non-placed starters was $70.
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 Neal appeared at the hearing on behalf of the informant. Mr Bowker, the owner and trainer of Imsmartenough elected to not appear at the hearing, but he endorsed the Information ‘I do not contest protest’. Mr Neal demonstrated the incident by way of available video footage. He told the Committee that Imsmartenough broke at about the 80 metre marker when challenging for the lead and continued on to the finish line in a break.
Reasons for Decision:
The protest is not contested and the video evidence clearly indicates that Imsmartenough broke for more than 50 metres inside the last 200 metres of the race. On that basis Imsmartenough 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: 7ea2f01f0983b0b643605584a6d1db60
informantnumber: A4638
horsename: IMSMARTENOUGH
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 01/04/2013
hearing_title: Auckland TC 5 April 2013 - R 3 (instigating a protest)
charge:
facts:
This is an uncontested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 3. The basis of the protest is that horse number 3; Imstartenough 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.
Imstartenough was provisionally placed 5th, a non-dividend bearing place, but the conditions of the race were such that differential stake money was paid up to 5th place. The difference between 5th place and all other non-placed starters was $70.
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 Neal appeared at the hearing on behalf of the informant. Mr Bowker, the owner and trainer of Imsmartenough elected to not appear at the hearing, but he endorsed the Information ‘I do not contest protest’. Mr Neal demonstrated the incident by way of available video footage. He told the Committee that Imsmartenough broke at about the 80 metre marker when challenging for the lead and continued on to the finish line in a break.
reasonsfordecision:
The protest is not contested and the video evidence clearly indicates that Imsmartenough broke for more than 50 metres inside the last 200 metres of the race. On that basis Imsmartenough is in breach of the Breaking Horse Regulations.
Decision:
The protest is upheld and Imstartenough is disqualified pursuant to Rule 1003(2)(a). We order that Horse number 9, Broadband, be promoted from 6th to 5th place, and that 5th place stake money be paid to the connections of Broadband.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), 1003 and Breaking Horse Regulations
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Neal - Co-Chief Stipendiary Steward
Respondent: Mr R Bowker - Owner and Trainer of IMSMARTENOUGH
StipendSteward:
raceid: 2af67cb1b837b7d44cd023e14f363ecb
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: d6765c7136cc80232f6783fc21f47c36
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/04/2013
meet_title: Auckland TC - 5 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC