HR Waikato 31 May 2014 – R 4 (instigating a protest)
ID: JCA13931
Meet Title:
Harness Racing Waikato - 31 May 2014
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2014/05/31
Race Number:
R4
Decision:
Facts:
Following the running of Race 4 the MEDIAWORKS 3 YO RUBY MOBILE TROT an Information was lodged by Co-Chief Stipendiary Steward Mr NG McIntyre against the fourth placing of TROUBLE RIEU (Driver S McNally) on the grounds of galloping excessively over the initial stages of the race.
Mr McNally was present and advised the Committee that he represented the connections of his horse and he also advised that the Protest was contested.
The Rule and the Regulation were read to Mr McNally.
Rule 870(3) provides:
“Any horse which breaks from its gait shall promptly regain its proper gait.”
Breaking Horse Regulation (a) provides:
“Any horse which breaks from its gait either at the start or during the running of any race and continues on in the 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 promptly regain its proper gait.”
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(a) Relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or
(b)Disqualify it from the race under Rule 1003(2)”.
Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or its horseman, then [subject to Rule 869(8)] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
Mr McIntyre demonstrated the incident by use of the video films. There were three different angles available to us. Mr McIntyre advised the Committee that the Stewarts used the pylons to calculate the distance and that first set of pylons were twenty metres apart and the next pylons were ten metres apart. He showed where TROUBLE RIEU went into a break and it continued on in a break for some time and Mr McIntyre informed the Committee that using the pylons and the film he calculated that TROUBLE RIEU galloped for at least 190 metres.
Mr McNally for his part advised the Committee that he agreed with the distance calculated by Mr McIntyre. He said that while his horse was galloping it was under pressure from other horses and there were some interference to his horse and it did not have any racing room. He said that this prevented him from restraining his horse back into a trot.
In answer to a question from the Committee, Mr McIntyre said that the films showed that there was no interference to Mr McNally’s horse and he said that it is always tight when a horse breaks in a field and it was just unfortunate that Mr McNally was in the field but that there was room.
Submissions for Decision:
Mr McIntyre confirmed that TROUBLE RIEU galloped for at least 190 metres and as such was in breach of the Breaking Horse Regulations and therefore Rule 870(3). He submitted that the horse should be disqualified from the race.
Mr McNally again thought that there had been interference preventing him restraining his horse.
Reasons for Decision:
We have been unable to find any evidence of interference from other horses and our view would be that in terms of the Breaking Horses Regulations there would have to be interference causing TROUBLE RIEU to break rather than any subsequent interference. In our view there was no such interference.
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: 81ea9737c4060d542e56f449991c1099
informantnumber: A4212
horsename: TROUBLE RIEU
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/05/2014
hearing_title: HR Waikato 31 May 2014 – R 4 (instigating a protest)
charge:
facts:
Following the running of Race 4 the MEDIAWORKS 3 YO RUBY MOBILE TROT an Information was lodged by Co-Chief Stipendiary Steward Mr NG McIntyre against the fourth placing of TROUBLE RIEU (Driver S McNally) on the grounds of galloping excessively over the initial stages of the race.
Mr McNally was present and advised the Committee that he represented the connections of his horse and he also advised that the Protest was contested.
The Rule and the Regulation were read to Mr McNally.
Rule 870(3) provides:
“Any horse which breaks from its gait shall promptly regain its proper gait.”
Breaking Horse Regulation (a) provides:
“Any horse which breaks from its gait either at the start or during the running of any race and continues on in the 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 promptly regain its proper gait.”
Where a protest has been duly lodged against the placing of an offending horse, the Judicial Committee shall either:
(a) Relegate such horse under Rule 870(4) to behind any other horse in respect of which an advantage may have been gained; or
(b)Disqualify it from the race under Rule 1003(2)”.
Provided that where such first mentioned horse is not in the correct gait as a result of interference to such horse or its horseman, then [subject to Rule 869(8)] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
Mr McIntyre demonstrated the incident by use of the video films. There were three different angles available to us. Mr McIntyre advised the Committee that the Stewarts used the pylons to calculate the distance and that first set of pylons were twenty metres apart and the next pylons were ten metres apart. He showed where TROUBLE RIEU went into a break and it continued on in a break for some time and Mr McIntyre informed the Committee that using the pylons and the film he calculated that TROUBLE RIEU galloped for at least 190 metres.
Mr McNally for his part advised the Committee that he agreed with the distance calculated by Mr McIntyre. He said that while his horse was galloping it was under pressure from other horses and there were some interference to his horse and it did not have any racing room. He said that this prevented him from restraining his horse back into a trot.
In answer to a question from the Committee, Mr McIntyre said that the films showed that there was no interference to Mr McNally’s horse and he said that it is always tight when a horse breaks in a field and it was just unfortunate that Mr McNally was in the field but that there was room.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre confirmed that TROUBLE RIEU galloped for at least 190 metres and as such was in breach of the Breaking Horse Regulations and therefore Rule 870(3). He submitted that the horse should be disqualified from the race.
Mr McNally again thought that there had been interference preventing him restraining his horse.
reasonsfordecision:
We have been unable to find any evidence of interference from other horses and our view would be that in terms of the Breaking Horses Regulations there would have to be interference causing TROUBLE RIEU to break rather than any subsequent interference. In our view there was no such interference.
Decision:
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and the Breaking Horse Regulations
Informant: Mr NG McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr S McNally - Driver of TROUBLE RIEU reprsenting connections
StipendSteward:
raceid: 665304efcee077cc923d452d014ead13
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dd5d6fc80ac2366ff60e811663c7c07c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/05/2014
meet_title: Harness Racing Waikato - 31 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato