Kapiti Coast HRC 23 January 2011 – R 7 (Instigating a Protest)
ID: JCA14037
Meet Title:
Kapiti Coast HRC - 23 January 2011
Meet Chair:
PWilliams
Meet Committee Member 1:
NMcCutcheon
Race Date:
2011/01/23
Race Number:
R7
Decision:
We therefore disqualify “Diamond Smile” and accordingly the amended places are as follows.
1st – Veitchy - 2
2nd – Arden Major - 13
3rd – All About Speed - 3
4th – Pennys A Flyin - 5
5th – Itz New Yorks Finest – 15
6th – Rocket Fun -6
Payment of the amended dividends and stake money is authorised.
Facts:
Following the running of Race 7, an information Instigating a Protest was filed by Stipendiary Steward Mr T Taumanu alleging a breach of Rule 870(4) and the “Breaking Horses” Regulation by “Diamond Smile” (10) driven by Ms N Chilcott. The Judge’s placings were as follows.
1st – Veitchy - 2
2nd – Arden Major - 13
3rd – Diamond Smile -10
4th – All About Speed - 3
5th – Pennys A Flyin - 5
6th – Itz New Yorks Finest - 15
The Information reads as follows.
“This is a protest against horse number 10 placed 3rd by the Judge on the grounds that “this horse galloped with 200m to race and galloped in excess of 50m.”
Rule 870(4) (a) provides as follows:-
“Any hose which breaks from its gait in any race and
a) Which fails to promptly regain its proper gait;...........
may (in addition to any other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, 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, so far as it is relevant to the present case, 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) ……
(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 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).
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.
This regulation shall not preclude a protest being lodged against a horse’s placing when such horse has been in a break for a lesser distance than stipulated above.”
The trainer/driver of “Diamond Smile” Ms N Chilcott had endorsed the Information “I do not contest the protest” and he did not attend the hearing.
Submissions for Decision:
Mr Taumanu asked Mr Renault to show the films of what had occurred. He identified “Diamond Smile” racing the widest on the track in the home straight and said that after passing the 200m mark the film showed the horse had broken from its correct gait, had continued in a gallop for about 70-75 metres then returned to its correct gait before again breaking from its gait just short of the winning post. Mr Taumanu submitted that “Diamond Smile” should be disqualified from its 3rd placing.
Reasons for Decision:
We were satisfied that “Diamond Smile” did gallop initially for approximately 70 – 75 metres just after passing the 200m make and then regained its proper gait before again breaking just short of the winning post.
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: 8f75982aee532c2bbf0a0b36c9ea7566
informantnumber: 13719
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 31/12/2010
hearing_title: Kapiti Coast HRC 23 January 2011 - R 7 (Instigating a Protest)
charge:
facts:
Following the running of Race 7, an information Instigating a Protest was filed by Stipendiary Steward Mr T Taumanu alleging a breach of Rule 870(4) and the “Breaking Horses” Regulation by “Diamond Smile” (10) driven by Ms N Chilcott. The Judge’s placings were as follows.
1st – Veitchy - 2
2nd – Arden Major - 13
3rd – Diamond Smile -10
4th – All About Speed - 3
5th – Pennys A Flyin - 5
6th – Itz New Yorks Finest - 15
The Information reads as follows.
“This is a protest against horse number 10 placed 3rd by the Judge on the grounds that “this horse galloped with 200m to race and galloped in excess of 50m.”
Rule 870(4) (a) provides as follows:-
“Any hose which breaks from its gait in any race and
a) Which fails to promptly regain its proper gait;...........
may (in addition to any other penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horse Regulations made by the Board, 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, so far as it is relevant to the present case, 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) ……
(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 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).
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.
This regulation shall not preclude a protest being lodged against a horse’s placing when such horse has been in a break for a lesser distance than stipulated above.”
The trainer/driver of “Diamond Smile” Ms N Chilcott had endorsed the Information “I do not contest the protest” and he did not attend the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Taumanu asked Mr Renault to show the films of what had occurred. He identified “Diamond Smile” racing the widest on the track in the home straight and said that after passing the 200m mark the film showed the horse had broken from its correct gait, had continued in a gallop for about 70-75 metres then returned to its correct gait before again breaking from its gait just short of the winning post. Mr Taumanu submitted that “Diamond Smile” should be disqualified from its 3rd placing.
reasonsfordecision:
We were satisfied that “Diamond Smile” did gallop initially for approximately 70 – 75 metres just after passing the 200m make and then regained its proper gait before again breaking just short of the winning post.
Decision:
We therefore disqualify “Diamond Smile” and accordingly the amended places are as follows.
1st – Veitchy - 2
2nd – Arden Major - 13
3rd – All About Speed - 3
4th – Pennys A Flyin - 5
5th – Itz New Yorks Finest – 15
6th – Rocket Fun -6
Payment of the amended dividends and stake money is authorised.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(4) and Breaking Horses Regulations
Informant: Mr T Taumanu, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr S Renault, Stipendiary Steward
Respondent:
StipendSteward:
raceid: 6d0eb608086127f88fb41f4947039e30
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ca4c8ff0e491abd51824f2a52e1c4fcf
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/01/2011
meet_title: Kapiti Coast HRC - 23 January 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "PWilliams", "Member": "", "OtherExpenses": "0", "KMs": "130", "Total": "80.6", "kmprice": 80.599999999999994, "Approved": "on"}]
meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: NMcCutcheon
meet_pm2: none
name: Kapiti Coast HRC