Auckland TC 25 April 2014 – R 5 (instigating a protest)
ID: JCA14401
Meet Title:
Auckland TC - 25 April 2014
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2014/04/25
Race Number:
R5
Decision:
The Protest is upheld and the Committee disqualifies HANDOVERDAKASH from the Race.
The amended placings are now : First (6) SUNNY VACATION
Second (11) TARN
Third (8) THE SCRUFF
Fourth (7) SAPPHIRE CASTLETON
Fifth (1) IVANOV
It is ordered that Stakes and Dividends be paid in accordance with the amended placings.
Facts:
Following the running of the MAJESTIC HORSE FLOATS HANDICAP TROT an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 3rd placing of HANDOVERDAKASH on the grounds of breaking and galloping excessively over the early stages of the Race and being in breach of the Breaking Horse Regulations.
Mr P Sherley (Part Owner) and Mr B Hackett (Co Trainer) were present at the Hearing and Mr Hackett advised the Committee that the Protest was contested.
Rule 870(3) provides that " 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."
Mr Hackett acknowledged that he understood the Rule and Regulation.
Mr Renault on behalf of Mr Muirhead demonstrated the incident by use of the Race Films. He showed HANDOVERDAKASH breaking towards the end of the back straight in the early stages of the Race and continuing in a gallop until well into the front straight. Mr Renault said that the pylons were 10 metres apart and he calculated that HANDOVERDAKASH had galloped for a distance of between 170 and 180 metres.
Mr Hackett disputed the distance galloped and said it was a close thing and said that the distance was more like 150 to 155 metres.
Submissions for Decision:
Mr Muirhead said that the films clearly showed that HANDOVERDAKASH had galloped for well in excess of 150 metres and therefore was in breach of the Rule and the Regulations and accordingly should be disqualified from the Race.
Mr Hackett asked for some leniency because his horse is a 3 year old filly. The Committee explained to Mr Hackett that it did not have any discretion under the Regulations.
Reasons for Decision:
The Committee listened to the Parties and we have watched the Films several times. We agree with Mr Renault's calculation that HANDOVERDAKASH galloped for a distance in excess of 170 metres and it is clearly in breach of the Regulations. Mr Hackett has confirmed that his horse has galloped at least 150 metres and therefore even on that basis HANDOVERDAKASH is in breach of the Regulations.
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: 7eac9bb51ba13f760759cd5880665c0a
informantnumber: A2531
horsename: HANDOVERDAKASH
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 20/04/2014
hearing_title: Auckland TC 25 April 2014 - R 5 (instigating a protest)
charge:
facts:
Following the running of the MAJESTIC HORSE FLOATS HANDICAP TROT an Information Instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 3rd placing of HANDOVERDAKASH on the grounds of breaking and galloping excessively over the early stages of the Race and being in breach of the Breaking Horse Regulations.
Mr P Sherley (Part Owner) and Mr B Hackett (Co Trainer) were present at the Hearing and Mr Hackett advised the Committee that the Protest was contested.
Rule 870(3) provides that " 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."
Mr Hackett acknowledged that he understood the Rule and Regulation.
Mr Renault on behalf of Mr Muirhead demonstrated the incident by use of the Race Films. He showed HANDOVERDAKASH breaking towards the end of the back straight in the early stages of the Race and continuing in a gallop until well into the front straight. Mr Renault said that the pylons were 10 metres apart and he calculated that HANDOVERDAKASH had galloped for a distance of between 170 and 180 metres.
Mr Hackett disputed the distance galloped and said it was a close thing and said that the distance was more like 150 to 155 metres.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said that the films clearly showed that HANDOVERDAKASH had galloped for well in excess of 150 metres and therefore was in breach of the Rule and the Regulations and accordingly should be disqualified from the Race.
Mr Hackett asked for some leniency because his horse is a 3 year old filly. The Committee explained to Mr Hackett that it did not have any discretion under the Regulations.
reasonsfordecision:
The Committee listened to the Parties and we have watched the Films several times. We agree with Mr Renault's calculation that HANDOVERDAKASH galloped for a distance in excess of 170 metres and it is clearly in breach of the Regulations. Mr Hackett has confirmed that his horse has galloped at least 150 metres and therefore even on that basis HANDOVERDAKASH is in breach of the Regulations.
Decision:
The Protest is upheld and the Committee disqualifies HANDOVERDAKASH from the Race.
The amended placings are now : First (6) SUNNY VACATION
Second (11) TARN
Third (8) THE SCRUFF
Fourth (7) SAPPHIRE CASTLETON
Fifth (1) IVANOV
It is ordered that Stakes and Dividends be paid in accordance with the amended placings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(3) and the Breaking Horse Regulations
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr P Sherley - Part Owner of HANDOVERDAKASH, Mr B Hackett - Co Trainer of HANDOVERDAKASH
StipendSteward:
raceid: 56b29e1882ecb67c980292000eaf1dd9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ff5aca91fd05de6165e64942d7f4b0b7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/04/2014
meet_title: Auckland TC - 25 April 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC