Auckland TC 14 March 2014 – R 6 (instigating a protest)
ID: JCA14521
Meet Title:
Auckland TC - 14 March 2014
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2014/03/14
Race Number:
R6
Decision:
The Committee disqualifies JOMO from 5th place and as a consequence the 6th placed horse SPUD MURPHY is promoted to 5th.
This amended placing does not affect the Dividends and accordingly we order that Stakes be paid in accordance with the Judge's placings for the first 4 horses and then the amended 5th placing.
Facts:
Following the running of the IRT MAIDEN TROT an Information instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 5th placing of JOMO on the grounds of galloping in excess of 50 metres in the run home.
Mr JM Robinson the part Owner, Trainer & Driver of JOMO was not present at the Hearing but he endorsed the Information with the words " I do not contest the Protest ".
Mr Muirhead demonstrated the incident by use of the Race films and these showed JOMO breaking prior to the 50 metres mark and galloping up to and past the Winning Post.
Submissions for Decision:
Mr Muirhead told the Committee that as JOMO had galloped in excess of 50 metres in the last 200 metres of the race it was in breach of the Rules and the Breaking Horse Regulations. He therefore sought disqualification of JOMO from the Race.
The Rules 870(3) and 870(4) and the Breaking Horse Regulations provide that:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(4) Any horse 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.
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.
Breaking Regulations
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.
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.
(b) Any horse which breaks from its gait in the final 200 metres of any race and continues on in a 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).
Reasons for Decision:
The protest is uncontested and is therefore upheld.
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: 8d57a56e660836ed7e90b98ae1c2c46c
informantnumber: A2526
horsename: JOMO
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/03/2014
hearing_title: Auckland TC 14 March 2014 - R 6 (instigating a protest)
charge:
facts:
Following the running of the IRT MAIDEN TROT an Information instigating a Protest was lodged by Stipendiary Steward Mr JM Muirhead against the 5th placing of JOMO on the grounds of galloping in excess of 50 metres in the run home.
Mr JM Robinson the part Owner, Trainer & Driver of JOMO was not present at the Hearing but he endorsed the Information with the words " I do not contest the Protest ".
Mr Muirhead demonstrated the incident by use of the Race films and these showed JOMO breaking prior to the 50 metres mark and galloping up to and past the Winning Post.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead told the Committee that as JOMO had galloped in excess of 50 metres in the last 200 metres of the race it was in breach of the Rules and the Breaking Horse Regulations. He therefore sought disqualification of JOMO from the Race.
The Rules 870(3) and 870(4) and the Breaking Horse Regulations provide that:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
870(4) Any horse 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.
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.
Breaking Regulations
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.
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.
(b) Any horse which breaks from its gait in the final 200 metres of any race and continues on in a 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).
reasonsfordecision:
The protest is uncontested and is therefore upheld.
Decision:
The Committee disqualifies JOMO from 5th place and as a consequence the 6th placed horse SPUD MURPHY is promoted to 5th.
This amended placing does not affect the Dividends and accordingly we order that Stakes be paid in accordance with the Judge's placings for the first 4 horses and then the amended 5th placing.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), (4), 1003(2) and the Breaking Horse Regulations
Informant: Mr J Muirhead (Stipendiary Steward)
JockeysandTrainer:
Otherperson:
PersonPresent: Nil (Uncontested)
Respondent: Mr J Robinson - Licensed Trainer of JOMO
StipendSteward:
raceid: 908a64384e80cfe765766c58b4d7e237
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5c32223baedaf962b6dd71af23fa3768
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/03/2014
meet_title: Auckland TC - 14 March 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