NZ Metro TC 16 November 2018 – R 4 (instigating a protest) – Chair, Mr R McKenzie
ID: JCA15962
Meet Title:
NZ Metro TC - 16 November 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2018/11/16
Race Number:
R4
Decision:
The protest was upheld and SUNDEES SON was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st 7 Missandei
2nd 9 Sundons Flyer
3rd 2 Il Pirata
4th 5 Splash Cola
5th 15 Wilma’s Mate
It was ordered that stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 4, G K Fyfe Painting Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against SUNDEES SON (J R Dunn), placed 4th by the judge, on the ground that it “broke in excess of 50 metres in the final 200 metres” in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr J R Dunn, representing trainer of SUNDEES SON, Mr R J Dunn, had endorsed on the information form “I do not contest the protest”. Mr Dunn did not wish to be present at the hearing of the information.
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).
The official placings were:
1st 7 Missandei
2nd 9 Sundons Flyer
3rd 2 Il Pirata
4th 13 Sundees Son
5th 5 Splash Cola
6th 15 Wilma’s Mate
Submissions for Decision:
Mr Ydgren showed a video replay of the final 200 metres of the race and pointed out SUNDEES SON, driven by Mr Dunn, in the lead passing the 200 metres. Mr Ydgren then pointed out that, prior to the 50 metres mark (shown on the outside fence and on the inside of the track), the horse went into a gallop, free of interference, and continued on in a gallop past the finishing line.
SUNDEES SON finished in 4th placing, Mr Ydgren said. He sought disqualification of SUNDEES SON from the race.
Reasons for Decision:
The Committee was clearly satisfied from the video evidence that SUNDEES SON had broken from its gait, free of interference, prior to the 50 metres and had continued on in a gallop for a distance in excess of 50 metres to the finishing line, in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that Mr Dunn 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: a67db129fab3d7419f73189e912325fd
informantnumber: A12417
horsename: Sundees Son
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/11/2018
hearing_title: NZ Metro TC 16 November 2018 - R 4 (instigating a protest) - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, G K Fyfe Painting Handicap Trot, an information instigating a protest was filed by Chief Stipendiary Steward, Mr N M Ydgren, against SUNDEES SON (J R Dunn), placed 4th by the judge, on the ground that it “broke in excess of 50 metres in the final 200 metres” in breach of breach of Rule 870 (3) and the Breaking Horses Regulation.
Mr J R Dunn, representing trainer of SUNDEES SON, Mr R J Dunn, had endorsed on the information form “I do not contest the protest”. Mr Dunn did not wish to be present at the hearing of the information.
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).
The official placings were:
1st 7 Missandei
2nd 9 Sundons Flyer
3rd 2 Il Pirata
4th 13 Sundees Son
5th 5 Splash Cola
6th 15 Wilma’s Mate
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the final 200 metres of the race and pointed out SUNDEES SON, driven by Mr Dunn, in the lead passing the 200 metres. Mr Ydgren then pointed out that, prior to the 50 metres mark (shown on the outside fence and on the inside of the track), the horse went into a gallop, free of interference, and continued on in a gallop past the finishing line.
SUNDEES SON finished in 4th placing, Mr Ydgren said. He sought disqualification of SUNDEES SON from the race.
reasonsfordecision:
The Committee was clearly satisfied from the video evidence that SUNDEES SON had broken from its gait, free of interference, prior to the 50 metres and had continued on in a gallop for a distance in excess of 50 metres to the finishing line, in breach of Rule 870 (3) and the Breaking Horses Regulation. It was also noted that Mr Dunn did not contest the protest.
Decision:
The protest was upheld and SUNDEES SON was disqualified from the race.
Consequent upon the disqualification, the amended placings for the race are:
1st 7 Missandei
2nd 9 Sundons Flyer
3rd 2 Il Pirata
4th 5 Splash Cola
5th 15 Wilma’s Mate
It was ordered that stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3) & Breaking Horses Regulation
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: J R Dunn, Licensed Open Driver
StipendSteward:
raceid: 3aa34f57b8d2930b190d686df693f0f0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3acc574dcbb3ba23f28020b967345cf0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/11/2018
meet_title: NZ Metro TC - 16 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC