Winton HRC 13 May 2017 – R 3 (instigating a protest) – Chair, Prof G Hall
ID: JCA14138
Meet Title:
Winton HRC - 13 May 2017
Meet Chair:
GHall
Meet Committee Member 1:
VMUnro
Race Date:
2017/05/13
Race Number:
R 3
Decision:
The placings stand as determined after the first protest.
Stakes and dividends are to be paid accordingly.
Facts:
Following the running of race 3, the Southland Farm Machinery Ltd Mobile Trot, a Protest Information was lodged by Stipendiary Steward, Mr Tidmarsh alleging TAKENOPRISONERS broke in excess of 50 metres in the final 200 metres. He was seeking the disqualification of TAKENOPRISONERS under rr 870(3) and 1003(2).
Rule 870(3) reads: that any horse which breaks from its gait shall promptly retain its gait.
The Breaking Horse Regulations part (b) reads: that any horse that breaks from its gait within the final 200 metres 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.
Rule 1003(2) reads: Every horse which commits a Breach of any Rule shall be liable for the following penalties: (a) to be disqualified … from any race.
The breaking horse Regulations provide relevantly:
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).
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 r 869A] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
The placings as a result of an earlier protest were:
(1) EAGLE GALLEON - 1st
(3) I’LDOITMYWAY - 2nd
(7) SUGAR CANE - 3rd
(9) TAKENOPRISONERS - 4th
(5) DUCHESS GRACE - 5th.
Submissions for Decision:
With the aid of the videos Mr Tidmarsh demonstrated that TAKENOPRISONERS driven by Mr Purvis was trotting down the outer of the track in the home straight, making ground on the leading horses. TAKENOPRISONERS was impeded by a breaking horse near the 100 metre mark and went into a break and continued galloping to the finishing line. The horse never regained its gait and finished 5th. Mr Tidmarsh was seeking the disqualification of the horse.
Mr Tidmarsh noted that there was a distance between TAKENOPRIONSONERS and the next runner at the finish.
Mr Purvis said that TAKENOPRIONSONERS was finishing well and was checked by a breaking horse.
Reasons for Decision:
After viewing the video the Committee is satisfied that TAKENOPRIONSONERS was running to the line strongly and was checked by a galloping horse about 100 metres from the winning post. TAKENOPRIONSONERS then goes into a gallop and is still out of its gait when it crosses the line. The Committee also noted that Mr Tidmarsh was correct when he said that the margin between TAKENOPRISONERS and the next horse at the winning post was considerable. Under the breaking horse regulations, the Committee has a discretion as to whether a horse that has been impeded and is not in its correct gait due to interference should be relegated or disqualified. We exercise that discretion and determine not to alter the placings.
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: 9d5a31c37d30f7126d4b0f534ac8ad1f
informantnumber: A9365
horsename: TAKENOPRISONERS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 15/05/2017
hearing_title: Winton HRC 13 May 2017 - R 3 (instigating a protest) - Chair, Prof G Hall
charge:
facts:
Following the running of race 3, the Southland Farm Machinery Ltd Mobile Trot, a Protest Information was lodged by Stipendiary Steward, Mr Tidmarsh alleging TAKENOPRISONERS broke in excess of 50 metres in the final 200 metres. He was seeking the disqualification of TAKENOPRISONERS under rr 870(3) and 1003(2).
Rule 870(3) reads: that any horse which breaks from its gait shall promptly retain its gait.
The Breaking Horse Regulations part (b) reads: that any horse that breaks from its gait within the final 200 metres 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.
Rule 1003(2) reads: Every horse which commits a Breach of any Rule shall be liable for the following penalties: (a) to be disqualified … from any race.
The breaking horse Regulations provide relevantly:
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).
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 r 869A] such relegation or disqualification of the horse shall be at the discretion of the Judicial Committee.
The placings as a result of an earlier protest were:
(1) EAGLE GALLEON - 1st
(3) I’LDOITMYWAY - 2nd
(7) SUGAR CANE - 3rd
(9) TAKENOPRISONERS - 4th
(5) DUCHESS GRACE - 5th.
appealdecision:
isappeal:
submissionsfordecision:
With the aid of the videos Mr Tidmarsh demonstrated that TAKENOPRISONERS driven by Mr Purvis was trotting down the outer of the track in the home straight, making ground on the leading horses. TAKENOPRISONERS was impeded by a breaking horse near the 100 metre mark and went into a break and continued galloping to the finishing line. The horse never regained its gait and finished 5th. Mr Tidmarsh was seeking the disqualification of the horse.
Mr Tidmarsh noted that there was a distance between TAKENOPRIONSONERS and the next runner at the finish.
Mr Purvis said that TAKENOPRIONSONERS was finishing well and was checked by a breaking horse.
reasonsfordecision:
After viewing the video the Committee is satisfied that TAKENOPRIONSONERS was running to the line strongly and was checked by a galloping horse about 100 metres from the winning post. TAKENOPRIONSONERS then goes into a gallop and is still out of its gait when it crosses the line. The Committee also noted that Mr Tidmarsh was correct when he said that the margin between TAKENOPRISONERS and the next horse at the winning post was considerable. Under the breaking horse regulations, the Committee has a discretion as to whether a horse that has been impeded and is not in its correct gait due to interference should be relegated or disqualified. We exercise that discretion and determine not to alter the placings.
Decision:
The placings stand as determined after the first protest.
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), 1003(2),Breaking Horse Regulations
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr M Purvis - Licensed Junior Driver of TAKENOPRISONERS
StipendSteward:
raceid: c911d1dd29e5c583214f18210099d107
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 59bb1a0632ce3219e13be64a3c1f1b5a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/05/2017
meet_title: Winton HRC - 13 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: VMUnro
meet_pm2: none
name: Winton HRC