Archive Decision

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NZ Metro TC 13 November 2015 – R 4 (instigating a protest) – Chair, Mr R McKenzie

ID: JCA15661

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
M Purdon, Licensed Public Trainer/ Open Horseman

Information Number:
A6732

Hearing Type:
Protest

Rules:
870(3)& Breaking Horses Regulation

Meet Title:
NZ Metro TC - 13 November 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2015/11/13

Race Number:
R6

Decision:

The protest was upheld and SUPERFECTA was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:

1st    8 Ashton K
2nd 13 Louie Finn
3rd    5 Franco Texas
4th    7 Shillelagh
5th  12 Nerida Franco

It was ordered that stake monies be paid in accordance with that amended result.

Facts:

Following the running of Race 4, Glenys & Philip Kennard / Graphite Developments Ltd Show Day Futurity, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against SUPERFECTA, placed 5th by the judge, on the grounds that it “broke in excess of 50 metres in the final 200 metres”.

Mr Purdon, co-trainer and driver of SUPERFECTA, had endorsed the information and signed “Do not contest protest”. Mr Ydgren confirmed that Mr Purdon did not wish to attend the hearing of the information.

The judge’s placings were as follows:

1st    8 Ashton K
2nd 13 Louie Finn
3rd   5 Franco Texas
4th   7 Shillelagh
5th 11 Superfecta

Rule 870 provides as follows:

(3) Any horse which breaks 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:

(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 200 metres of the race. He pointed out SUPERFECTA, driven by Mr Purdon, racing outside the leader ASHTON K (S D T Phelan) and challenging for the lead racing inside the final 200 metres. It got up alongside the leader and, when tried with the whip, paced roughly and broke. It thereafter galloped for clearly in excess of 50 metres, Mr Ydgren submitted, before settling briefly and breaking again over the finishing line.

Mr Ydgren submitted that, inside the 200 metres, SUPERFECTA had galloped for a distance of approximately 80 metres.

Mr Ydgren sought disqualification of SUPERFECTA. 

Reasons for Decision:

The Committee was satisfied, from the video evidence, that SUPERFECTA had galloped, free of interference, for a distance of approximately 80 metres inside the final 200 metres of the race. It was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. The Committee also noted that the protest was not contested by Mr Purdon.

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: c129901ca4f113cb3988cffc0ead7cc7


informantnumber: A6732


horsename: Superfecta


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 17/11/2015


hearing_title: NZ Metro TC 13 November 2015 - R 4 (instigating a protest) - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 4, Glenys & Philip Kennard / Graphite Developments Ltd Show Day Futurity, an information instigating a protest was filed by Stipendiary Steward, Mr N M Ydgren, against SUPERFECTA, placed 5th by the judge, on the grounds that it “broke in excess of 50 metres in the final 200 metres”.

Mr Purdon, co-trainer and driver of SUPERFECTA, had endorsed the information and signed “Do not contest protest”. Mr Ydgren confirmed that Mr Purdon did not wish to attend the hearing of the information.

The judge’s placings were as follows:

1st    8 Ashton K
2nd 13 Louie Finn
3rd   5 Franco Texas
4th   7 Shillelagh
5th 11 Superfecta

Rule 870 provides as follows:

(3) Any horse which breaks 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:

(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 200 metres of the race. He pointed out SUPERFECTA, driven by Mr Purdon, racing outside the leader ASHTON K (S D T Phelan) and challenging for the lead racing inside the final 200 metres. It got up alongside the leader and, when tried with the whip, paced roughly and broke. It thereafter galloped for clearly in excess of 50 metres, Mr Ydgren submitted, before settling briefly and breaking again over the finishing line.

Mr Ydgren submitted that, inside the 200 metres, SUPERFECTA had galloped for a distance of approximately 80 metres.

Mr Ydgren sought disqualification of SUPERFECTA. 


reasonsfordecision:

The Committee was satisfied, from the video evidence, that SUPERFECTA had galloped, free of interference, for a distance of approximately 80 metres inside the final 200 metres of the race. It was, therefore, in breach of Rule 870 (3) in that it had failed to promptly regain its proper gait. The Committee also noted that the protest was not contested by Mr Purdon.


Decision:

The protest was upheld and SUPERFECTA was disqualified from the race. Consequent upon the disqualification, the amended placings for the race are as follows:

1st    8 Ashton K
2nd 13 Louie Finn
3rd    5 Franco Texas
4th    7 Shillelagh
5th  12 Nerida Franco

It was ordered that stake monies 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: M Purdon, Licensed Public Trainer/ Open Horseman


StipendSteward:


raceid: 5a4d3a8e4e59e1f696b067ec54e7dcc4


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: 9960c77e0bea7941771fbfe788888bb6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/11/2015


meet_title: NZ Metro TC - 13 November 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