Archive Decision

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Geraldine TC 26 November 2011 – R 10 (instigating a protest 2)

ID: JCA15528

Applicant:
Mr N G McIntyre

Respondent(s):
Mr J Howe - Licenced Trainer, Mr T Chmiel - Licenced Open Horseman

Information Number:
A1032

Hearing Type:
Protest

Rules:
870 (3) and Breaking Horses Regulations

Meet Title:
Geraldine TC - 26 November 2011

Meet Chair:
JMillar

Meet Committee Member 1:
JPhelan

Race Date:
2011/11/26

Race Number:
R10

Decision:

The protest was upheld and “Beat The Monarch” was disqualified from 5th placing. The amended placings are as follows:

1st - Quality Invasion (5)

2nd - Springbank Richard (14)

3rd – The Fiery Ginga (9)

4th – Global Invasion (6)

5th – Savona (2)

6th – Speculate (11)
 

Facts:

Following the running of race 10, the Geraldine ITM/Goldenedge Handicap Trot, an information Instigating a Protest was filed by Stipendiary Steward N G McIntyre alleging “Beat The Monarch” (12), which finished 6th past the post but through an earlier protest had been promoted to 5th, was in a break for a distance in excess of 50 metres over the final stages of the race, which was in breach of Rule 870 (3) and the Breaking Horses Regulation.

Mr J Howe, Trainer of “Beat The Monarch” had endorsed and signed the information form, “I do not contest the disqualification of this horse”.

Mr McIntyre advised that Mr Howe did not wish to attend the hearing.

The Judges official placing were as follows,

1st - Quality Invasion (5)
2nd - Springbank Richard (14)
3rd – The Fiery Ginga (9)
4th – Global Invasion (6)
5th – Beat The Monarch (12)
6th – Savona (2)

The Information reads as follows,

“In the run home “Beat The Monarch” broke in excess of 50 metres over the final 200 metres” Rule 870 (3).

Rule 870 (3) provides as follows.

“”Any horse which breaks from its gait shall promptly regain its proper gait”

Clause (a) of the “Breaking Horses” Regulations provides as follows.

“Any horse which breaks from its gait within the final 200 metres of any race and continues 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;
relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or disqualify it from the race under Rule 1003 (2)”

Mr McIntyre with the asisstance of the race video illustrated that "Beat The Monarch" had broken from its correct gait before the 150 metre mark and had continued to gallop for a distance of at least 170 metres prior to the finishing line.

Submissions for Decision:

Mr McIntyre submitted that "Beat The Monarch" had galloped well in excess of the allowable 50 metres under the Breaking Horses Regulations, and should be disqualified.

Reasons for Decision:

The protest was not contested and we are satisfied that “Beat The Monarch” galloped in excess of 50 metres in the concluding stages of the race and should be disqualified from its 5th placing under the provisions of Rule 1003 (2). (Having been previously promoted from 6th to 5th place in this race through an earlier unrelated 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: ae3b0be46f5be18a1d6ac84cee5b7619


informantnumber: A1032


horsename: BEAT THE MONARCH


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 23/11/2011


hearing_title: Geraldine TC 26 November 2011 - R 10 (instigating a protest 2)


charge:


facts:

Following the running of race 10, the Geraldine ITM/Goldenedge Handicap Trot, an information Instigating a Protest was filed by Stipendiary Steward N G McIntyre alleging “Beat The Monarch” (12), which finished 6th past the post but through an earlier protest had been promoted to 5th, was in a break for a distance in excess of 50 metres over the final stages of the race, which was in breach of Rule 870 (3) and the Breaking Horses Regulation.

Mr J Howe, Trainer of “Beat The Monarch” had endorsed and signed the information form, “I do not contest the disqualification of this horse”.

Mr McIntyre advised that Mr Howe did not wish to attend the hearing.

The Judges official placing were as follows,

1st - Quality Invasion (5)
2nd - Springbank Richard (14)
3rd – The Fiery Ginga (9)
4th – Global Invasion (6)
5th – Beat The Monarch (12)
6th – Savona (2)

The Information reads as follows,

“In the run home “Beat The Monarch” broke in excess of 50 metres over the final 200 metres” Rule 870 (3).

Rule 870 (3) provides as follows.

“”Any horse which breaks from its gait shall promptly regain its proper gait”

Clause (a) of the “Breaking Horses” Regulations provides as follows.

“Any horse which breaks from its gait within the final 200 metres of any race and continues 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;
relegate such horse under Rule 870 (4) to behind any other horse in respect of which an advantage may have been gained; or disqualify it from the race under Rule 1003 (2)”

Mr McIntyre with the asisstance of the race video illustrated that "Beat The Monarch" had broken from its correct gait before the 150 metre mark and had continued to gallop for a distance of at least 170 metres prior to the finishing line.


appealdecision:


isappeal:


submissionsfordecision:

Mr McIntyre submitted that "Beat The Monarch" had galloped well in excess of the allowable 50 metres under the Breaking Horses Regulations, and should be disqualified.


reasonsfordecision:

The protest was not contested and we are satisfied that “Beat The Monarch” galloped in excess of 50 metres in the concluding stages of the race and should be disqualified from its 5th placing under the provisions of Rule 1003 (2). (Having been previously promoted from 6th to 5th place in this race through an earlier unrelated protest).


Decision:

The protest was upheld and “Beat The Monarch” was disqualified from 5th placing. The amended placings are as follows:

1st - Quality Invasion (5)

2nd - Springbank Richard (14)

3rd – The Fiery Ginga (9)

4th – Global Invasion (6)

5th – Savona (2)

6th – Speculate (11)
 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870 (3) and Breaking Horses Regulations


Informant: Mr N G McIntyre


JockeysandTrainer:


Otherperson:


PersonPresent: Respondent not represented


Respondent: Mr J Howe - Licenced Trainer, Mr T Chmiel - Licenced Open Horseman


StipendSteward:


raceid: 68aefb814b9d18a7b07241ec36ad8ca8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4e95bda774d2942f96ebe564e6fa0258


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/11/2011


meet_title: Geraldine TC - 26 November 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: geraldine-tc


meet_racingtype: harness-racing


meet_chair: JMillar


meet_pm1: JPhelan


meet_pm2: none


name: Geraldine TC