Manawatu HRC 23 May 2017 – R 1 (instigating a protest) – Chair, Mr T Utikere
ID: JCA16126
Meet Title:
Manawatu HRC - 23 May 2017
Meet Chair:
TUtikere
Race Date:
2017/05/23
Race Number:
R1
Decision:
STALLBACKSKUNGEN is disqualified under the provisions of Rule 1003(2). The placings are now confirmed as:
1st (2) CLOVER KATE
2nd (5) COMMANDO ONE
3rd (3) MALABAR SPUR
4th (1) XTRA TIME
I also direct the payment of dividends and stakes in accordance with the confirmed result.
Facts:
Following the running of Race 1 (AAA FENCING HANDICAP TROT 2500m), Information A3793 was filed with the Judicial Committee.
It instigated a protest subject to the provision of Rule 870(3) and the Breaking Horses Regulations, specifically alleging that: "4th placed STALLBACKSKUNGEN galloped excessively in the final straight". The Information was also endorsed with "I do not contest protest" and signed by the respondent.
The judge's provisional placings were:
1st (2) CLOVER KATE
2nd (5) COMMANDO ONE
3rd (3) MALABAR SPUR
4th (4) STALLBACKSKUNGEN
5th (1) XTRA TIME
Rule 870(3) states: "Any horse which breaks from its gait shall promptly regain its proper gait".
The relevant Breaking Horses Regulation states: "...(b) 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."
Submissions for Decision:
Using the side-on film, Mr Muirhead identified STALLBACKSKUNGEN approaching the 200 metres mark prior to the home turn. This was evident from the green marker on the running rail. Approaching the 150 metres marker, STALLBACKSKUNGEN was observed to break free of interference. It remained in a break right through to the finish line.
Mr Muirhead sought the disqualification of STALLBACKSKUNGEN under Rule 1003(2). Further he advised that the horse placed fifth (XTRA TIME), had broken at the start of the race, but upon review of the available films, the stipendiary stewards had established that it was not in breach of the Breaking Horses Regulations.
Reasons for Decision:
It is clear that the respondent did not contest the protest, but nonetheless I have reviewed the films and considered the submissions placed before me in reaching a determination. It is established that STALLBACKSKUNGEN broke approaching the 150 metres mark, and that the horse broke free from intereference from any other runner. It is clear that the gelding remained in a break until the finish line. This was for at least a distance of 150 metres and accordingly is in breach of Rule 870(3) and the Breaking Horses Regulations.
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: c03d52367962c7aa6d0dc109fb2163a7
informantnumber: A3793
horsename: STALLBACKSKUNGEN
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 23/05/2017
hearing_title: Manawatu HRC 23 May 2017 - R 1 (instigating a protest) - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 1 (AAA FENCING HANDICAP TROT 2500m), Information A3793 was filed with the Judicial Committee.
It instigated a protest subject to the provision of Rule 870(3) and the Breaking Horses Regulations, specifically alleging that: "4th placed STALLBACKSKUNGEN galloped excessively in the final straight". The Information was also endorsed with "I do not contest protest" and signed by the respondent.
The judge's provisional placings were:
1st (2) CLOVER KATE
2nd (5) COMMANDO ONE
3rd (3) MALABAR SPUR
4th (4) STALLBACKSKUNGEN
5th (1) XTRA TIME
Rule 870(3) states: "Any horse which breaks from its gait shall promptly regain its proper gait".
The relevant Breaking Horses Regulation states: "...(b) 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."
appealdecision:
isappeal:
submissionsfordecision:
Using the side-on film, Mr Muirhead identified STALLBACKSKUNGEN approaching the 200 metres mark prior to the home turn. This was evident from the green marker on the running rail. Approaching the 150 metres marker, STALLBACKSKUNGEN was observed to break free of interference. It remained in a break right through to the finish line.
Mr Muirhead sought the disqualification of STALLBACKSKUNGEN under Rule 1003(2). Further he advised that the horse placed fifth (XTRA TIME), had broken at the start of the race, but upon review of the available films, the stipendiary stewards had established that it was not in breach of the Breaking Horses Regulations.
reasonsfordecision:
It is clear that the respondent did not contest the protest, but nonetheless I have reviewed the films and considered the submissions placed before me in reaching a determination. It is established that STALLBACKSKUNGEN broke approaching the 150 metres mark, and that the horse broke free from intereference from any other runner. It is clear that the gelding remained in a break until the finish line. This was for at least a distance of 150 metres and accordingly is in breach of Rule 870(3) and the Breaking Horses Regulations.
Decision:
STALLBACKSKUNGEN is disqualified under the provisions of Rule 1003(2). The placings are now confirmed as:
1st (2) CLOVER KATE
2nd (5) COMMANDO ONE
3rd (3) MALABAR SPUR
4th (1) XTRA TIME
I also direct the payment of dividends and stakes in accordance with the confirmed result.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: Rule 870(3) and the Breaking Horse Regulations
Informant: J Muirhead - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: C Sharpe - Trainer of STALLBACKSKUNGEN
StipendSteward:
raceid: bed541e405823a2acd2807b684eadcef
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5932eb15c22b75f2166eb16261dc0064
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/05/2017
meet_title: Manawatu HRC - 23 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: none
meet_pm2: none
name: Manawatu HRC