Archive Decision

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Gore HRC 9 February 2019 – R 2 (instigating a protest) – Chair, Prof G Hall

ID: JCA14095

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr J Morrison - Driver of KIWI BLOKE

Information Number:
A9806

Hearing Type:
Protest

Rules:
870(3), 1003(2) Breaking Horses Regulations

Meet Title:
Gore HRC - 9 February 2019

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2019/02/09

Race Number:
R 2

Decision:

As KIWI BLOKE has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1st  5 SHUZI
2nd 10 BOUND TO BE BETTOR
3RD 3 DELIGHT N GOLD
4TH 2 SEFTON HOOLIGAN
5TH 11 SQUARE DEALER

Stakes and dividends are to be paid accordingly.

Facts:

Mr Renault alleged that in Race 2 the MACCA LODGE PACE horse number 1 KIWI BLOKE galloped in excess of 150 metres at the start.

Mr Renault sought disqualification of KIWI BLOKE pursuant to r 1003(2).

Judges placings were:

1st 5 SHUZI
2nd 10 BOUND TO BE BETTOR
3RD 1 KIWI BLOKE
4TH 3 DELIGHT N GOLD
5TH 2 SEFTON HOOLIGAN
6TH 11 SQUARE DEALER

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:

(a) 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:

(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 Renault, stipendiary steward, demonstrated on the videos that KIWI BLOKE broke at the start and galloped for a distance of some 180 metres.

Mr Morrison indicated on the information that he admitted the breach of the rule.

Reasons for Decision:

We have viewed the videos and we are satisfied that KIWI BLOKE galloped for a distance of some 180 metres from the commencement of the race before returning to its correct gait. The horse was free of interference at the time. 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.

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: 97995289509d21193ae1e9e8fe659ee3


informantnumber: A9806


horsename: KIWI BLOKE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 13/02/2019


hearing_title: Gore HRC 9 February 2019 - R 2 (instigating a protest) - Chair, Prof G Hall


charge:


facts:

Mr Renault alleged that in Race 2 the MACCA LODGE PACE horse number 1 KIWI BLOKE galloped in excess of 150 metres at the start.

Mr Renault sought disqualification of KIWI BLOKE pursuant to r 1003(2).

Judges placings were:

1st 5 SHUZI
2nd 10 BOUND TO BE BETTOR
3RD 1 KIWI BLOKE
4TH 3 DELIGHT N GOLD
5TH 2 SEFTON HOOLIGAN
6TH 11 SQUARE DEALER

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:

(a) 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:

(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 Renault, stipendiary steward, demonstrated on the videos that KIWI BLOKE broke at the start and galloped for a distance of some 180 metres.

Mr Morrison indicated on the information that he admitted the breach of the rule.


reasonsfordecision:

We have viewed the videos and we are satisfied that KIWI BLOKE galloped for a distance of some 180 metres from the commencement of the race before returning to its correct gait. The horse was free of interference at the time. 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.


Decision:

As KIWI BLOKE has gained an advantage over the field it is appropriate that the horse be disqualified.

Amended placings are:

1st  5 SHUZI
2nd 10 BOUND TO BE BETTOR
3RD 3 DELIGHT N GOLD
4TH 2 SEFTON HOOLIGAN
5TH 11 SQUARE DEALER

Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3), 1003(2) Breaking Horses Regulations


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr J Morrison - Driver of KIWI BLOKE


StipendSteward:


raceid: 2af6e2604afd7b5bfc96c319330715fb


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: 85b257559974f152032fbbcf13d5ebd9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/02/2019


meet_title: Gore HRC - 9 February 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Gore HRC