Ashburton TC 24 October 2011 – R 3 (instigating a protest)
ID: JCA15853
Meet Title:
Ashburton TC - 24 October 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/24
Race Number:
R3
Decision:
The protest was upheld and ANTON OLIVER was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st 3 Bettors Creek
2nd 2 Paddy Brown
3rd 4 False Promise
4th 8 Tops VC
5th 7 Tamanisha
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 3, Gluyas Motor Group Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against ANTON OLIVER (R T May), placed 4th by the judge, “on the ground of breaking in excess of 50 metres inside the final 200 metres”, in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr R T May, representing the connections of ANTON OLIVER, had endorsed the information form “I do not contest the protest”.
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 McIntyre showed a video replay of the final 200 metres of the race and pointed out ANTON OLIVER, in the middle of the track, go into a gallop and continue in a gallop to the finishing line. Mr McIntyre, by reference to the markers on the inside of the track, alleged that ANTON OLIVER had galloped for approximately 80 metres.
He sought disqualification of ANTON OLIVER from the race.
Reasons for Decision:
The Committee was clearly satisfied from the video evidence that ANTON OLIVER had broken for its gait approximately 80 metres from the finish and had continued on in a gallop to the finishing line in breach of the Breaking Horses Regulation and Rule 870 (3). It was also noted that Mr May 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: dcee8a5536b142920f43d9457eeab8de
informantnumber: A1003
horsename: ANTON OLIVER
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 26/10/2011
hearing_title: Ashburton TC 24 October 2011 - R 3 (instigating a protest)
charge:
facts:
Following the running of Race 3, Gluyas Motor Group Mobile Pace, an information instigating a protest was filed by Stipendiary Steward, Mr N G McIntyre, against ANTON OLIVER (R T May), placed 4th by the judge, “on the ground of breaking in excess of 50 metres inside the final 200 metres”, in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr R T May, representing the connections of ANTON OLIVER, had endorsed the information form “I do not contest the protest”.
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 McIntyre showed a video replay of the final 200 metres of the race and pointed out ANTON OLIVER, in the middle of the track, go into a gallop and continue in a gallop to the finishing line. Mr McIntyre, by reference to the markers on the inside of the track, alleged that ANTON OLIVER had galloped for approximately 80 metres.
He sought disqualification of ANTON OLIVER from the race.
reasonsfordecision:
The Committee was clearly satisfied from the video evidence that ANTON OLIVER had broken for its gait approximately 80 metres from the finish and had continued on in a gallop to the finishing line in breach of the Breaking Horses Regulation and Rule 870 (3). It was also noted that Mr May did not contest the protest.
Decision:
The protest was upheld and ANTON OLIVER was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st 3 Bettors Creek
2nd 2 Paddy Brown
3rd 4 False Promise
4th 8 Tops VC
5th 7 Tamanisha
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870 (3) & Breaking Horses Regulation
Informant: NG McIntyre - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: RT May - Licensed Open Horseman
StipendSteward:
raceid: 89a623b60299c2794c3a465d6eef7d10
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: 0ecf1c8e3fdb021af296a1ffd8975828
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/10/2011
meet_title: Ashburton TC - 24 October 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Ashburton TC