Forbury Park TC 21 June 2018 – R 4 (instigating a protest) – Chair, Prof G Hall
ID: JCA13922
Meet Title:
Forbury Park TC - 21 June 2018
Meet Chair:
GHall
Race Date:
2018/06/21
Race Number:
R 4
Decision:
Amended placings are:
1st - 10 OHOKA JOHNNY
2nd - 5 MISS FANDANGO
3rd - 13 POSSENTE CAVALLO
4th - 2 PETE’S DASH
5th - 8 QUEEN OF GLORY
Stakes and dividends are to be paid accordingly.
Facts:
At the conclusion of Race 4, the HOUSE OF TRAVEL JNR DRIVERS MOBILE PACE, an Information was lodged by Mr Wallis under r 870(3) and the breaking horse regulations alleging that DISMARA galloped in excess of 150 metres during the running of the race.
Judge’s placings were:
1st - 10 OHOKA JOHNNY
2nd - MISS FANDANGO
3rd - 13 POSSENTE CAVALLO
4th - 9 DISMARA
5th - 2 PETE’S DASH
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
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.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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:
(b) 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 r 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 r 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 r 1003(2).
Submissions for Decision:
At the request of the informant, Mr Munro, Stipendiary Steward, demonstrated on the videos that DISMARA broke and galloped for more than 150 metres immediately after the start of race 4.
Mr Morrison, the driver of DISMARA signed the information and indicated that he did not contest the protest. Mr Wallis confirmed that Mr Morrison represented the connections of DISMARA.
Reasons for Decision:
Having viewed the videos the Committee is satisfied that at DISMARA has gone into a break just before the start and has continued in a gallop past the winning post and into the top bend. The horse was free of interference at the time. The distance the horse galloped is some 300 metres.
The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.
As DISMARA has gained an advantage over the field it is appropriate that the horse be disqualified.
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: 80e2480b0ddac6be5b722946048ce5ab
informantnumber: A10519
horsename: DISMARA
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/06/2018
hearing_title: Forbury Park TC 21 June 2018 - R 4 (instigating a protest) - Chair, Prof G Hall
charge:
facts:
At the conclusion of Race 4, the HOUSE OF TRAVEL JNR DRIVERS MOBILE PACE, an Information was lodged by Mr Wallis under r 870(3) and the breaking horse regulations alleging that DISMARA galloped in excess of 150 metres during the running of the race.
Judge’s placings were:
1st - 10 OHOKA JOHNNY
2nd - MISS FANDANGO
3rd - 13 POSSENTE CAVALLO
4th - 9 DISMARA
5th - 2 PETE’S DASH
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
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.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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:
(b) 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 r 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 r 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 r 1003(2).
appealdecision:
isappeal:
submissionsfordecision:
At the request of the informant, Mr Munro, Stipendiary Steward, demonstrated on the videos that DISMARA broke and galloped for more than 150 metres immediately after the start of race 4.
Mr Morrison, the driver of DISMARA signed the information and indicated that he did not contest the protest. Mr Wallis confirmed that Mr Morrison represented the connections of DISMARA.
reasonsfordecision:
Having viewed the videos the Committee is satisfied that at DISMARA has gone into a break just before the start and has continued in a gallop past the winning post and into the top bend. The horse was free of interference at the time. The distance the horse galloped is some 300 metres.
The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.
As DISMARA has gained an advantage over the field it is appropriate that the horse be disqualified.
Decision:
Amended placings are:
1st - 10 OHOKA JOHNNY
2nd - 5 MISS FANDANGO
3rd - 13 POSSENTE CAVALLO
4th - 2 PETE’S DASH
5th - 8 QUEEN OF GLORY
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), 1003((2), breaking horse regulations
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr V Munro - Stipendiary Steward
Respondent: Mr J Morrison - Driver of DISMARA
StipendSteward:
raceid: 44c9d685a5ba4c3f02830193419e25ca
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fb63a64cf064c008602c5a5ebcb09933
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/06/2018
meet_title: Forbury Park TC - 21 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC