Cheviot HRC 3 March 2013 – R4 (instigating a protest)
ID: JCA16042
Meet Title:
Cheviot HRC - 3 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
JPhelan
Race Date:
2013/03/03
Race Number:
R4
Decision:
The protest was upheld and “The Bog” was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st - Sunoflindenny (2)
2nd - Wishes Star (10)
3rd - Contella (11)
4th - Kaizen (16)
5th - Chiola Belle (18)
It was ordered that dividends and stakes be paid in accordance with that amended result.
Facts:
Following the running of Race 4, the Rural Livestock Trot, an information instigating a protest was filed by Stipendiary Steward, Mr NM Ydgren, against THE BOG (N R McGrath), placed 3rd 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 Judges official placings in this race were as follows:
1st - Sunoflindenny (2)
2nd - The Bog (5)
3rd - Wishes Star (10)
4th - Contella (11)
5th - Kaizen (16)
6th - Chiola Belle (18)
The Information reads as follows:
“That horse number 5, or its driver, breached the provisions of Rule 870(3) in that THE BOG broke in excess of 50m inside the final 200m of this event.”
Mr N R McGrath, driver of THE BOG, had endorsed on the information form and signed, as agent, “I do not contest the protest.” Mr McGrath had also indicated to 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 THE BOG, driven by Mr McGrath, inside the 200m when in contention for the lead, go into a break outside the 50m mark and continue in a break until the winning post finishing in 2nd place. Mr Ydgren submitted that THE BOG had been in a break for at least 55m in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of THE BOG.
Reasons for Decision:
The Committee was satisfied that THE BOG 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: b302193e380d375f84d1ed37f99658d1
informantnumber: A4970
horsename: THE BOG
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/02/2013
hearing_title: Cheviot HRC 3 March 2013 - R4 (instigating a protest)
charge:
facts:
Following the running of Race 4, the Rural Livestock Trot, an information instigating a protest was filed by Stipendiary Steward, Mr NM Ydgren, against THE BOG (N R McGrath), placed 3rd 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 Judges official placings in this race were as follows:
1st - Sunoflindenny (2)
2nd - The Bog (5)
3rd - Wishes Star (10)
4th - Contella (11)
5th - Kaizen (16)
6th - Chiola Belle (18)
The Information reads as follows:
“That horse number 5, or its driver, breached the provisions of Rule 870(3) in that THE BOG broke in excess of 50m inside the final 200m of this event.”
Mr N R McGrath, driver of THE BOG, had endorsed on the information form and signed, as agent, “I do not contest the protest.” Mr McGrath had also indicated to 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 THE BOG, driven by Mr McGrath, inside the 200m when in contention for the lead, go into a break outside the 50m mark and continue in a break until the winning post finishing in 2nd place. Mr Ydgren submitted that THE BOG had been in a break for at least 55m in the final 200m of the race.
Mr Ydgren submitted that the Stewards were seeking disqualification of THE BOG.
reasonsfordecision:
The Committee was satisfied that THE BOG 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 “The Bog” was disqualified from the race.
Consequent upon the relegation, the amended result for the race is as follows:
1st - Sunoflindenny (2)
2nd - Wishes Star (10)
3rd - Contella (11)
4th - Kaizen (16)
5th - Chiola Belle (18)
It was ordered that dividends and stakes be paid in accordance with that amended result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3)
Informant: N M Ydgren-Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: N R McGrath-Public Trainer
StipendSteward:
raceid: d2e559a1758d9b2a02801e56a1fea0b4
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: b7c5a88d779eae7b348bf7dcde82378e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/03/2013
meet_title: Cheviot HRC - 3 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: JPhelan
meet_pm2: none
name: Cheviot HRC