NZ Metro TC 7 August 2015 – R 3 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA15081
Meet Title:
NZ Metro TC - 7 August 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/08/07
Race Number:
R3
Decision:
The protest was upheld and PRECIOUS MOMENT was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st 9 Rocket
2nd 6 Squire John
3rd 5 China Express
4th 1 Brite N Lovely
5th 2 Ruthless Success
It was ordered that dividends and stakes for the race be paid in accordance with that amended result.
Facts:
Following the running of Race 3, “Download the New Addington APP for Free” Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against PRECIOUS MOMENT (S R McNally), placed 4th by the judge, on the ground that it “galloped in excess of 50 metres in the final 200 metres”, in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr S R McNally, representing the connections of PRECIOUS MOMENT, had endorsed the information form “I do not contest disqualification”.
The official placings for the race (as amended by the earlier protest decision) were as follows:
1st 9 Rocket
2nd 6 Squire John
3rd 5 China Express
4th 8 Precious Moment
5th 1 Brite N Lovely
6th 2 Ruthless Success
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
The Breaking Horses Regulation provides as follows:
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 within the final 200 metres of any race 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.
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 Ydgren showed a video replay of the final 300 metres of the race and pointed out PRECIOUS MOMENT go into a gallop prior to the 200 metres and, upon reaching the 200 metres, continue in a gallop for a distance of approximately 80 metres. PRECIOUS MOMENT was placed 4th by the judge.
He sought disqualification of PRECIOUS MOMENT from the race.
Reasons for Decision:
The Committee was clearly satisfied, from the video evidence, that PRECIOUS MOMENT had broken from its gait prior to the 200 metres and had, clearly, thereafter continued on in a gallop for a distance greater than 50 metres inside the final 200 metres of the race in breach of the Breaking Horses Regulation and Rule 870 (3) in that it had failed to promptly regain its proper gait. It was also noted that Mr McNally did not contest the protest.
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: a43dc65cf9d0a6a6edc11431c7e736fa
informantnumber: A6720
horsename: Precious Moment
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 10/08/2015
hearing_title: NZ Metro TC 7 August 2015 - R 3 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, “Download the New Addington APP for Free” Trot, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against PRECIOUS MOMENT (S R McNally), placed 4th by the judge, on the ground that it “galloped in excess of 50 metres in the final 200 metres”, in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr S R McNally, representing the connections of PRECIOUS MOMENT, had endorsed the information form “I do not contest disqualification”.
The official placings for the race (as amended by the earlier protest decision) were as follows:
1st 9 Rocket
2nd 6 Squire John
3rd 5 China Express
4th 8 Precious Moment
5th 1 Brite N Lovely
6th 2 Ruthless Success
Rule 870 provides as follows:
(3) Any horse which breaks from its gait shall promptly regain its proper gait.
(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 penalty imposed pursuant to Rule 1003 hereof) subject to the provisions of the Breaking Horses Regulations made by the Executive, be placed by the Judicial Committee immediately after any other horse in respect of which any advantage may have been gained.
The Breaking Horses Regulation provides as follows:
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 within the final 200 metres of any race 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.
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 Ydgren showed a video replay of the final 300 metres of the race and pointed out PRECIOUS MOMENT go into a gallop prior to the 200 metres and, upon reaching the 200 metres, continue in a gallop for a distance of approximately 80 metres. PRECIOUS MOMENT was placed 4th by the judge.
He sought disqualification of PRECIOUS MOMENT from the race.
reasonsfordecision:
The Committee was clearly satisfied, from the video evidence, that PRECIOUS MOMENT had broken from its gait prior to the 200 metres and had, clearly, thereafter continued on in a gallop for a distance greater than 50 metres inside the final 200 metres of the race in breach of the Breaking Horses Regulation and Rule 870 (3) in that it had failed to promptly regain its proper gait. It was also noted that Mr McNally did not contest the protest.
Decision:
The protest was upheld and PRECIOUS MOMENT was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st 9 Rocket
2nd 6 Squire John
3rd 5 China Express
4th 1 Brite N Lovely
5th 2 Ruthless Success
It was ordered that dividends and stakes for the race be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)& Breaking Horses Regulation
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: S R McNally, Licensed Open Driver
StipendSteward:
raceid: f4c02bcd3b3ec0093d2008d7b05c005d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 838a7f70b4926173b3f9e3243fd9ddbe
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/08/2015
meet_title: NZ Metro TC - 7 August 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC