Archive Decision

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Auckland TC 7 June 2013 – R 2 (instigating a protest)

ID: JCA16291

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Ms N Chilcott - Driver of ITSNOWORNEVER

Information Number:
A4643

Hearing Type:
Protest

Rules:
870(4), 1003 and Breaking Horse Regulations

Meet Title:
Auckland TC - 7 June 2013

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2013/06/07

Race Number:
R2

Decision:

The protest is upheld and Itsnowornever is disqualified pursuant to Rule 1003(2)(a). We order that Horse number 7, GETAWAY DOUG, be promoted to 5th place, and that 5th place stake money be paid to the connections of GETAWAY DOUG.

Facts:

This is an uncontested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 2, Mid Winter Christmas At Alexandra Park Handicap Trot. The basis of the protest is that horse number 8; ITSNOWORNEVER breached the provisions of Rule 870(4) and the Breaking Horse Regulations by breaking within the final 200 metres and continued on in a break for more than 50 metres.

Itsnowornever was provisionally placed 6th, a non-dividend bearing place, but after an earlier protest which involved the 3rd horse being disqualified Itsnowornever was promoted to 5th place.

This hearing took place later in the evening once the Stipendiary Stewards had reviewed the video films. The outcome of this protest affected payment for 5th place.

The breaking horse regulations provide that:

(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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:

Ms Chilcott, the driver of Itsnowornever, representing the trainer Mrs Branch, elected to not appear at the hearing, but she endorsed the Information ‘I do not contest protest’.

Mr Muirhead demonstrated on the video films that Itsnowornever galloped in excess of 50 metres inside the last 200 metres. He told the Committee that Itsnowornever broke for approximately 80 metres in the home straight.

Reasons for Decision:

The protest is not contested and the video evidence clearly indicates that Itsnowornever broke for more than 50 metres inside the last 200 metres of the race. On that basis Itsnowornever is in breach of the Breaking Horse 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: d58096b4ca7a5e27038c4b4563db30f2


informantnumber: A4643


horsename: ITSNOWORNEVER


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 31/05/2013


hearing_title: Auckland TC 7 June 2013 - R 2 (instigating a protest)


charge:


facts:

This is an uncontested protest instigated by Stipendiary Steward, Mr J Muirhead following the running of race 2, Mid Winter Christmas At Alexandra Park Handicap Trot. The basis of the protest is that horse number 8; ITSNOWORNEVER breached the provisions of Rule 870(4) and the Breaking Horse Regulations by breaking within the final 200 metres and continued on in a break for more than 50 metres.

Itsnowornever was provisionally placed 6th, a non-dividend bearing place, but after an earlier protest which involved the 3rd horse being disqualified Itsnowornever was promoted to 5th place.

This hearing took place later in the evening once the Stipendiary Stewards had reviewed the video films. The outcome of this protest affected payment for 5th place.

The breaking horse regulations provide that:

(b) Any horse which breaks from its gait within the final 200 metres of any race and continues on in a 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:

Ms Chilcott, the driver of Itsnowornever, representing the trainer Mrs Branch, elected to not appear at the hearing, but she endorsed the Information ‘I do not contest protest’.

Mr Muirhead demonstrated on the video films that Itsnowornever galloped in excess of 50 metres inside the last 200 metres. He told the Committee that Itsnowornever broke for approximately 80 metres in the home straight.


reasonsfordecision:

The protest is not contested and the video evidence clearly indicates that Itsnowornever broke for more than 50 metres inside the last 200 metres of the race. On that basis Itsnowornever is in breach of the Breaking Horse Regulations.


Decision:

The protest is upheld and Itsnowornever is disqualified pursuant to Rule 1003(2)(a). We order that Horse number 7, GETAWAY DOUG, be promoted to 5th place, and that 5th place stake money be paid to the connections of GETAWAY DOUG.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 870(4), 1003 and Breaking Horse Regulations


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent: Ms N Chilcott - Driver of ITSNOWORNEVER


StipendSteward:


raceid: 0e0c3e1d548734d3a39d9b77f2af3efc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 91a969428ae968c583d758eab6f09a7c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/06/2013


meet_title: Auckland TC - 7 June 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC