Archive Decision

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Auckland TC 19 February 2021 – R 5 (instigating a protest) – Chair, Mr G Jones

ID: JCA14413

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Mr Z Butcher - Trainer of CALL ME TROUBLE

Information Number:
A12982

Hearing Type:
Protest

Rules:
870(3) and Breaking Horses Regulations

Meet Title:
Auckland TC - 19 February 2021

Meet Chair:
GJones

Race Date:
2021/02/19

Race Number:
R5

Decision:

CALL ME TROUBLE was disqualified and horse number 4 - INVICTUS promoted from 6th to 5th place.

The amended final placings are:
1st - BOLT FOR BRILLIANCE
2nd - TEMPORALE
3rd - WOODSTONE
4th - KINGS LANDING
5th - INVICTUS

Authority was given for stakemoney to be paid in accordance with the amended placings.

Facts:

Following the running of Race 5, the Dunstan Speedfeed Summer Series Handicap Trot 2700m, pursuant to Rule 870(3) Senior Stipendiary Steward, Mr Mulcay lodged an Information instigating a protest. The particulars of the Information are that CALL ME TROUBLE broke in excess of 150 metres during the running.

Mr Z Butcher, Trainer of CALL ME TROUBLE, endorsed the Information acknowledging that:

(a) He admitted the breach; and

(b) He did not contest the protest.

Mr Butcher was excused from attending the hearing as the protest was not contested and to enable him to warm up his drive for race 6.

The Judge’s provisional placings were:
1st - BOLT FOR BRILLIANCE
2nd - TEMPORALE
3rd - WOODSTONE
4th - KINGS LANDING
5th - CALL ME TROUBLE

Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.

The Breaking Horses Regulations provide that:
(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:

Using available race films Mr Mulcay identified CALL ME TROUBLE as the field approached the 400-metre mark. He said that at this point CALL ME TROUBLE was in front and had led the field from the start of the race. Prior to the 350-metre mark CALL ME TROUBLE went off stride and broke and continued in a gallop for approximately 250 metres before settling near the 100-metre mark. Whilst in a gallop Mr Butcher steered CALL ME TROUBLE down inside the marker pegs to avoid disrupting any of the other runners, albeit INVICTUS was hampered and subsequently broke. 

Mr Mulcay submitted that CALL ME TROUBLE finished in 5th place and was in breach of the Rule 870(3) and Breaking Horses Regulations and therefore should be disqualified from the race.

Reasons for Decision:

After hearing submissions and reviewing the race films it was clear to the Committee that CALL ME TROUBLE broke free of interference and galloped for at least 250 metres. Accordingly, CALL ME TROUBLE is in breach of the relevant Rule and Regulation(s).

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: 8037531cda1d8e361208c57c06f8cd58


informantnumber: A12982


horsename: CALL ME TROUBLE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 19/02/2021


hearing_title: Auckland TC 19 February 2021 - R 5 (instigating a protest) – Chair, Mr G Jones


charge:


facts:

Following the running of Race 5, the Dunstan Speedfeed Summer Series Handicap Trot 2700m, pursuant to Rule 870(3) Senior Stipendiary Steward, Mr Mulcay lodged an Information instigating a protest. The particulars of the Information are that CALL ME TROUBLE broke in excess of 150 metres during the running.

Mr Z Butcher, Trainer of CALL ME TROUBLE, endorsed the Information acknowledging that:

(a) He admitted the breach; and

(b) He did not contest the protest.

Mr Butcher was excused from attending the hearing as the protest was not contested and to enable him to warm up his drive for race 6.

The Judge’s provisional placings were:
1st - BOLT FOR BRILLIANCE
2nd - TEMPORALE
3rd - WOODSTONE
4th - KINGS LANDING
5th - CALL ME TROUBLE

Rule 870(3) provides that 'Any horse which breaks from its gait shall promptly regain its proper gait'.

The Breaking Horses Regulations provide that:
(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:

Using available race films Mr Mulcay identified CALL ME TROUBLE as the field approached the 400-metre mark. He said that at this point CALL ME TROUBLE was in front and had led the field from the start of the race. Prior to the 350-metre mark CALL ME TROUBLE went off stride and broke and continued in a gallop for approximately 250 metres before settling near the 100-metre mark. Whilst in a gallop Mr Butcher steered CALL ME TROUBLE down inside the marker pegs to avoid disrupting any of the other runners, albeit INVICTUS was hampered and subsequently broke. 

Mr Mulcay submitted that CALL ME TROUBLE finished in 5th place and was in breach of the Rule 870(3) and Breaking Horses Regulations and therefore should be disqualified from the race.


reasonsfordecision:

After hearing submissions and reviewing the race films it was clear to the Committee that CALL ME TROUBLE broke free of interference and galloped for at least 250 metres. Accordingly, CALL ME TROUBLE is in breach of the relevant Rule and Regulation(s).


Decision:

CALL ME TROUBLE was disqualified and horse number 4 - INVICTUS promoted from 6th to 5th place.

The amended final placings are:
1st - BOLT FOR BRILLIANCE
2nd - TEMPORALE
3rd - WOODSTONE
4th - KINGS LANDING
5th - INVICTUS

Authority was given for stakemoney to be paid in accordance with the amended placings.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(3) and Breaking Horses Regulations


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Mr Z Butcher - Trainer of CALL ME TROUBLE


StipendSteward:


raceid: 9cbfcf61e6c8b9a5a132bbbc12cd9e25


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: 224d33c50e276296d74c0880a65ab9f0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/02/2021


meet_title: Auckland TC - 19 February 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: GJones


meet_pm1: none


meet_pm2: none


name: Auckland TC