Archive Decision

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Timaru HRC 10 May 2015 – R 3 (instigating a protest)

ID: JCA15712

Applicant:
N Ydgren-Stipendiary Steward

Respondent(s):
D Dunn-Open Horseman

Information Number:
A1470

Hearing Type:
Protest

Rules:
870 (3) (Instigating a Protest) and Breaking Horses Regulations

Meet Title:
Timaru HRC - 10 May 2015

Meet Chair:
SChing

Meet Committee Member 1:
DJackson

Race Date:
2015/05/10

Race Number:
R3

Decision:

The protest was upheld and STUNIN DUDE was disqualified from the race.

Consequent upon the relegation, the amended result for the race is as follows:

1st MATTY GROVES (2)
2nd SUPERSHAKES (10)
3rd BILLY KLONDYKE (14)
4th WHITNEY H (9)
5th SIFTY TUESDAY (4)

It was ordered that dividends and stakes be paid in accordance with that amended result.

Facts:

Following the running of Race 3, the Mainland Minerals Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against STUNIN DUDE (D Dunn), placed 1st 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 STUNIN DUDE (12)
2nd MATTY GROVES (2)
3rd SUPERSHAKES (10)
4th BILLY KLONDYKE (14)
5th WHITNEY H (9)
6th SIFTY TUESDAY (4)

Mr D Dunn, driver of STUNIN DUDE had endorsed on the information form and signed, “I do not contest the protest.” Mr Dunn had also informed 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 Ydgren showed a video replay of the last 200m of the race. He pointed out STUNIN DUDE driven by Mr Dunn, inside the 200m and when reaching the lead, go into a break inside the 100m and continue in a break until the winning post, finishing in 1st place. Mr Ydgren submitted that STUNIN DUDE had been in a break for at least 60m over the final 200m of the race.

Mr Ydgren submitted that the Stewards were seeking disqualification of STUNIN DUDE.

Reasons for Decision:

After viewing the video replays it was clear to the Committee that STUNIN DUDE had broken inside the 100m and continued on in a break for at least 60m until the line. The Committee was therefore satisfied that STUNIN DUDE 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: c6fa3f2a7f0a35bef62ef94d1b50e5a4


informantnumber: A1470


horsename: STUNIN DUDE


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 06/05/2015


hearing_title: Timaru HRC 10 May 2015 - R 3 (instigating a protest)


charge:


facts:

Following the running of Race 3, the Mainland Minerals Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N Ydgren, against STUNIN DUDE (D Dunn), placed 1st 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 STUNIN DUDE (12)
2nd MATTY GROVES (2)
3rd SUPERSHAKES (10)
4th BILLY KLONDYKE (14)
5th WHITNEY H (9)
6th SIFTY TUESDAY (4)

Mr D Dunn, driver of STUNIN DUDE had endorsed on the information form and signed, “I do not contest the protest.” Mr Dunn had also informed 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 Ydgren showed a video replay of the last 200m of the race. He pointed out STUNIN DUDE driven by Mr Dunn, inside the 200m and when reaching the lead, go into a break inside the 100m and continue in a break until the winning post, finishing in 1st place. Mr Ydgren submitted that STUNIN DUDE had been in a break for at least 60m over the final 200m of the race.

Mr Ydgren submitted that the Stewards were seeking disqualification of STUNIN DUDE.


reasonsfordecision:

After viewing the video replays it was clear to the Committee that STUNIN DUDE had broken inside the 100m and continued on in a break for at least 60m until the line. The Committee was therefore satisfied that STUNIN DUDE 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 STUNIN DUDE was disqualified from the race.

Consequent upon the relegation, the amended result for the race is as follows:

1st MATTY GROVES (2)
2nd SUPERSHAKES (10)
3rd BILLY KLONDYKE (14)
4th WHITNEY H (9)
5th SIFTY TUESDAY (4)

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: N Ydgren-Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: D Dunn-Open Horseman


StipendSteward:


raceid: 7da6abf1c312fc1b6f0947755d14bc52


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: 3777bbdf533e3b50cd4f2c73a4571a02


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/05/2015


meet_title: Timaru HRC - 10 May 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: DJackson


meet_pm2: none


name: Timaru HRC