Forbury Park TC 18 July 2019 – R 1 (instigating a protest) – Chair, Prof G Hall
ID: JCA16173
Meet Title:
Forbury Park TC - 18 July 2019
Meet Chair:
GHall
Race Date:
2019/07/18
Race Number:
R 1
Decision:
As THE NIGHT SWEATS has gained an advantage over the field it is appropriate that the horse be disqualified.
Amended placings are:
1st 8 CLYDE
2nd 11 MAJESTIC ROSE
3RD 10 MAJICION
4TH 5 KEN’S DREAM
5th 6 WHANGAMATA
Stakes and dividends are to be paid accordingly.
Facts:
Mr Renault alleged that in Race 1 the PAT HANSON / LANCE JOYCE MEMORIAL TROT horse number 3 THE NIGHT SWEATS broke in excess of 150 metres just after the start.
Mr Renault sought disqualification of THE NIGHT SWEATS pursuant to r 1003(2).
Judges placings were:
1st 8 CLYDE
2nd 11 MAJESTIC ROSE
3RD 10 MAJICION
4TH 3 THE NIGHT SWEATS
5TH 5 KEN’S DREAM
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a)-to be disqualified or scratched from any race.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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 either at the start or during the running of any race and continues on in the break for a distance of 150 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 Munro, Stipendiary Steward, demonstrated on the videos that THE NIGHT SWEATS broke not long after the start and galloped for a distance in excess of 150 metres.
Mr Thornley stated that he believed the distance was close to 150 metres but was perhaps less than that distance.
Reasons for Decision:
After viewing the videos from the various angles, the Committee is satisfied that THE NIGHT SWEATS broke shortly after the start and galloped for a distance in excess of 150 metres before returning to its correct gait. Mr Thornley conceded this was the case. THE NIGHT SWEATS was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.
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: c595f759688a023f8cf7c77023b9af99
informantnumber: A9827
horsename: THE NIGHT SWEATS
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/07/2019
hearing_title: Forbury Park TC 18 July 2019 - R 1 (instigating a protest) - Chair, Prof G Hall
charge:
facts:
Mr Renault alleged that in Race 1 the PAT HANSON / LANCE JOYCE MEMORIAL TROT horse number 3 THE NIGHT SWEATS broke in excess of 150 metres just after the start.
Mr Renault sought disqualification of THE NIGHT SWEATS pursuant to r 1003(2).
Judges placings were:
1st 8 CLYDE
2nd 11 MAJESTIC ROSE
3RD 10 MAJICION
4TH 3 THE NIGHT SWEATS
5TH 5 KEN’S DREAM
The relevant rules and regulations provide:
870(3) Any horse which breaks from its gait shall promptly regain its proper gait.
1003(2) Every horse which commits a breach of any Rule shall be liable to the following penalties:-
(a)-to be disqualified or scratched from any race.
The following regulation is made by the Board pursuant to the Rules of Harness Racing.
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 either at the start or during the running of any race and continues on in the break for a distance of 150 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 Munro, Stipendiary Steward, demonstrated on the videos that THE NIGHT SWEATS broke not long after the start and galloped for a distance in excess of 150 metres.
Mr Thornley stated that he believed the distance was close to 150 metres but was perhaps less than that distance.
reasonsfordecision:
After viewing the videos from the various angles, the Committee is satisfied that THE NIGHT SWEATS broke shortly after the start and galloped for a distance in excess of 150 metres before returning to its correct gait. Mr Thornley conceded this was the case. THE NIGHT SWEATS was free of interference at the time. The breaking horse regulations are clear in that the horse is deemed to be in breach of r 870(3) in that it has failed to promptly regain its proper gait.
Decision:
As THE NIGHT SWEATS has gained an advantage over the field it is appropriate that the horse be disqualified.
Amended placings are:
1st 8 CLYDE
2nd 11 MAJESTIC ROSE
3RD 10 MAJICION
4TH 5 KEN’S DREAM
5th 6 WHANGAMATA
Stakes and dividends are to be paid accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Protest
Rules: 870(3), 1003(2), Breaking Horses Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent: Mr V Munro - Stipendiary Steward
Respondent: Mr C Thornley - Representing the connections of THE NIGHT SWEATS
StipendSteward:
raceid: b58ff27d24d9ea7d781a846c298449ac
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 16947fd1c804a9666e63c78718eda7b7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/07/2019
meet_title: Forbury Park TC - 18 July 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC