Kaikoura TC 30 October 2017 – R 2 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA13971
Meet Title:
Kaikoura TC - 30 October 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2017/10/30
Race Number:
R 2
Decision:
The protest was upheld and SONY BEATT was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st - 6 Miracle Rising
2nd - 5 Foreverman
3rd - 10 Trouble Giero
4th - 2 Ali Lindenny
5th - 3 Jean Sebastien
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 2, Kaikoura Building Centre ITM Handicap Trot, an Information instigating a protest was filed by Chief Stipendiary Steward, Mr NM Ydgren, against SONY BEATT (SJ Tomlinson), placed 5th by the judge, on the ground that it “galloped for an excessive distance in the home straight”, in breach of breach of Rule 870(3) and the Breaking Horses Regulation.
Miss S J Tomlinson, representing trainer of SONY BEATT, Mr K B Ford, had endorsed on the information form “I do not contest the protest” and “I do not wish to be present at the hearing of this information”.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
The Breaking Horses Regulation provides as follows:
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 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 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).
The official placings were:
1st - 6 Miracle Rising
2nd - 5 Foreverman
3rd - 10 Trouble Giero
4th - 2 Ali Lindenny
5th - 8 Sony Beatt
Submissions for Decision:
Mr Ydgren showed a video replay of the final 300 metres of the race and pointed out SONY BEATT, driven by Miss Tomlinson, pull out from the one-one to improve 3-wide as the field turned into the final straight. Shortly thereafter, as Miss Tomlinson went to activate the removable deafeners, the horse went into a gallop and continued on in a gallop for a distance of, Mr Ydgren submitted, approximately 120 metres.
SONY BEATT finished in 5th placing which was a stakes-bearing place, Mr Ydgren said. He sought disqualification of SONY BEATT from the race.
Reasons for Decision:
The Committee was clearly satisfied from the video evidence that SONY BEATT had broken from its gait, free of interference, approximately 200 metres from the finish and had continued on in a gallop for a distance of approximately 120 metres in breach of Rule 870(3) and the Breaking Horses Regulation.
It was also noted that Miss Tomlinson did not contest the protest.
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: 8604edad4d79c035f91291be3598b473
informantnumber: A09591
horsename: SONY BEATT
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 02/11/2017
hearing_title: Kaikoura TC 30 October 2017 - R 2 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Kaikoura Building Centre ITM Handicap Trot, an Information instigating a protest was filed by Chief Stipendiary Steward, Mr NM Ydgren, against SONY BEATT (SJ Tomlinson), placed 5th by the judge, on the ground that it “galloped for an excessive distance in the home straight”, in breach of breach of Rule 870(3) and the Breaking Horses Regulation.
Miss S J Tomlinson, representing trainer of SONY BEATT, Mr K B Ford, had endorsed on the information form “I do not contest the protest” and “I do not wish to be present at the hearing of this information”.
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
The Breaking Horses Regulation provides as follows:
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 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 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).
The official placings were:
1st - 6 Miracle Rising
2nd - 5 Foreverman
3rd - 10 Trouble Giero
4th - 2 Ali Lindenny
5th - 8 Sony Beatt
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the final 300 metres of the race and pointed out SONY BEATT, driven by Miss Tomlinson, pull out from the one-one to improve 3-wide as the field turned into the final straight. Shortly thereafter, as Miss Tomlinson went to activate the removable deafeners, the horse went into a gallop and continued on in a gallop for a distance of, Mr Ydgren submitted, approximately 120 metres.
SONY BEATT finished in 5th placing which was a stakes-bearing place, Mr Ydgren said. He sought disqualification of SONY BEATT from the race.
reasonsfordecision:
The Committee was clearly satisfied from the video evidence that SONY BEATT had broken from its gait, free of interference, approximately 200 metres from the finish and had continued on in a gallop for a distance of approximately 120 metres in breach of Rule 870(3) and the Breaking Horses Regulation.
It was also noted that Miss Tomlinson did not contest the protest.
Decision:
The protest was upheld and SONY BEATT was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st - 6 Miracle Rising
2nd - 5 Foreverman
3rd - 10 Trouble Giero
4th - 2 Ali Lindenny
5th - 3 Jean Sebastien
It was ordered that stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) and Breaking Horses Regulation
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Miss SJ Tomlison - Driver of SONY BEATT representing Trainer - Mr KB Ford
StipendSteward:
raceid: 6fbae9ec7f432dc772e7d84b33bcb39b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: af420a9bed593332af26597b8ef8e442
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/10/2017
meet_title: Kaikoura TC - 30 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kaikoura-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Kaikoura TC