Geraldine TC 1 February 2014 – R 1 (instigating a protest)
ID: JCA15279
Meet Title:
Geraldine TC - 1 February 2014
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/02/01
Race Number:
R1
Decision:
The protest was upheld and EASY EMPRESS was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st FREE BIRD (17)
2nd VITALI (12)
3rd PEGASUS DREAM (11)
4th EILISH MONARCH (3)
5th THANKING YOU (2)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 1, the Waikato Milking Systems Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Wallis, against EASY EMPRESS driven by Mr S McNally, placed 4th by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judge's official placings in this race were as follows:
1st FREE BIRD (17)
2nd VITALI (12)
3rd PEGASUS DREAM (11)
4th EASY EMPRESS (1)
5th EILISH MONARCH (3)
6th THANKING YOU (2)
The Information reads as follows:
“That horse number 1, or its driver, breached the provisions of Rule 870(3) and the Breaking Horses Regulations, in that EASY EMPRESS broke with approximately 90 metres to race and continued in a break over the line.”
Mr D Anderson, trainer of EASY EMPRESS, had endorsed on the information form and signed, as agent, “I do not contest the protest.” Mr Anderson had also indicated to the Stewards that he did not want to be present for the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who brakes from its gait shall promptly regain its proper gait."
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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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 Wallis showed a video replay of the last 200m of the race. He pointed out EASY EMPRESS driven by Mr McNally, inside the 200m when in the lead, go into a break near 90m and continue on in a break until the winning post finishing in 4th place. Mr Wallis submitted that EASY EMPRESS had been in a break for at least 90 metres in the final 200m of the race.
Mr Wallis submitted that the Stewards were seeking disqualification of EASY EMPRESS.
Reasons for Decision:
The Committee was satisfied that EASY EMPRESS was in breach of Rule 870(3) and the Breaking Horses Regulations. It was appropriate the protest be upheld and that the horse be disqualified.
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: 7e2a37f39c0440fa75f526e36b253dbe
informantnumber: A2444
horsename: EASY EMPRESS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 22/01/2014
hearing_title: Geraldine TC 1 February 2014 - R 1 (instigating a protest)
charge:
facts:
Following the running of Race 1, the Waikato Milking Systems Trot, an information instigating a protest was filed by Stipendiary Steward, Mr S Wallis, against EASY EMPRESS driven by Mr S McNally, placed 4th by the judge, on the grounds of “breaking and then galloping in excess of 50m inside the final 200m”, in breach of Rule 870 (3) and the Breaking Horses Regulations.
The Judge's official placings in this race were as follows:
1st FREE BIRD (17)
2nd VITALI (12)
3rd PEGASUS DREAM (11)
4th EASY EMPRESS (1)
5th EILISH MONARCH (3)
6th THANKING YOU (2)
The Information reads as follows:
“That horse number 1, or its driver, breached the provisions of Rule 870(3) and the Breaking Horses Regulations, in that EASY EMPRESS broke with approximately 90 metres to race and continued in a break over the line.”
Mr D Anderson, trainer of EASY EMPRESS, had endorsed on the information form and signed, as agent, “I do not contest the protest.” Mr Anderson had also indicated to the Stewards that he did not want to be present for the hearing.
Rule 870(3) provides as follows:
“(3) Any horse who brakes from its gait shall promptly regain its proper gait."
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:
(b) Any horse which breaks from its gait within the final 200m of any race and continues on in the break for a distance of 50m 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 Wallis showed a video replay of the last 200m of the race. He pointed out EASY EMPRESS driven by Mr McNally, inside the 200m when in the lead, go into a break near 90m and continue on in a break until the winning post finishing in 4th place. Mr Wallis submitted that EASY EMPRESS had been in a break for at least 90 metres in the final 200m of the race.
Mr Wallis submitted that the Stewards were seeking disqualification of EASY EMPRESS.
reasonsfordecision:
The Committee was satisfied that EASY EMPRESS was in breach of Rule 870(3) and the Breaking Horses Regulations. It was appropriate the protest be upheld and that the horse be disqualified.
Decision:
The protest was upheld and EASY EMPRESS was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st FREE BIRD (17)
2nd VITALI (12)
3rd PEGASUS DREAM (11)
4th EILISH MONARCH (3)
5th THANKING YOU (2)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (3) (Instigating a Protest) and Breaking Horses Regulations
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: D Anderson-Public Trainer
StipendSteward:
raceid: a9cc94cae6f20dd5ff8c321ccca929a4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9e5a723a311ab0bb186b211d179bfaf0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/02/2014
meet_title: Geraldine TC - 1 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: geraldine-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Geraldine TC